Case 1:12-cv-00018-RFC Document 22 Filed 10/02/12 Page 1 of 4

FILED
OCT - 2 2012
~ DIatrict Court M0ntan8

UNITED STATES DISTRICT COURT

DISTRICT OF MONTANA
BILLINGS DIVISION

CALVIN ZASTROW, Plaintiff,

v.
STEVEN BULLOCK, in his official capacity as Montana's Attorney General; LINDA McCULLOCH, in her official capacity as Montana's Secretary of State; JAMES MURRY, in his official capacity as the Political Practices Commissioner; COUNTY OF YELLOWSTONE; SCOTT TWITO, in his official capacity as the Yellowstone County Attorney; KEVIN GILLEN, in both his individual and official capacity as a Yellowstone County Deputy Attorney; and JOHN DOES 1-3, in both their individual and official capacity as Yellowstone County Deputy Sheriffs, Defendants.

) Case No. CV 12-18-RFC ) ) ) STIPULATED JUDGMENT FOR ) PERMANENT INJUNCTION ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Before the Court is the parties' Joint Motion for Entry of Stipulated Judgment For Permanent Injunction. The court determines that the motion should be and is hereby GRANTED.

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Plaintiff Calvin Zastrow has filed a complaint for permanent injunction against Defendants Steve Bullock, Linda McCulloch, James Murry, County of Yellowstone, Scott Twito and Kevin Gillen. That complaint seeks to enjoin Defendants from enforcing 13-35-218(2), MCA, which states as follows A person who is a minister, preacher, priest, or other church officer or who is an officer of any corporation or organization, religious or otherwise, may not, other than by public speech or print, urge, persuade, or command any voter to vote or refrain from voting for or against any candidate, political party ticket, or ballot issue submitted to the people because of the person's religious duty or the interest of any corporation, church, or other organization. The complaint also seeks to enjoin Defendants from enforcing 13-13-113(1), MCA, which requires the text of 13-35-218(2), MCA, to be included in "Warning Posters" that are displayed in polling stations throughout the state. Defendants voluntarily consent to this injunction and waive any right they may have to appeal from it. Defendants further consent to entry of this Judgment of Permanent Injunction without further notice and agree that this Court shall retain jurisdiction over them for purposes of enforcing this Judgment for Permanent Injunction.

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Therefore, the Court hereby ORDERS, ADJUDGES, and DECREES that:

1) Defendants Steve Bullock, Linda McCulloch, James Murry, County of Yellowstone, Scott Twito and Kevin Gillen, their successors, officers, agents, servants, employees, or persons in active concert with any of them, are restrained and enjoined from enforcing 13-35-218(2), MCA.

2) Defendants Steve Bullock, Linda McCulloch, James Murry, County of Yellowstone, Scott Twito and Kevin Gillen, their successors, officers, agents, servants, employees, or persons in active concert with any of them, are restrained and enjoined from including the text of 13-35-218(2), MCA, in "Warning Posters" that are displayed in polling stations throughout the state pursuant to 13 13-113(1), MCA.

As between Plaintiff Zastrow and Defendants County of Yellowstone, Scott Twito and Kevin Gillen, the parties shall bear their own costs.

As between Plaintiff Zastrow and Defendants Steve Bullock, Linda McCulloch, James Murry, Defendants shall pay Plaintiff costs in the amount of $350.00. Plaintiff shall be responsible for his own attorney fees, and shall not be

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entitled to any additional award of fees and costs pursuant to Fed.R.Civ.P. 54, 42 U.S.c. 1988, or any other basis in law or equity. There being no just reason for delay, the clerk is directed to enter this Judgment for Permanent Injunction.

DATED:

tJttiI:i<; '"

2012

d.~-----,-----=-~~-Richard F. Cebull United States District Judge