Vermont Right to Life sues over state campaign finance lawBopp, Coleson & Bostrom PRESS RELEASE
Vermont Right to Life files federal lawsuit against Vermont Campaign Finance Law which Regulates VRLC as a Political Committee, Requires Identification on Electioneering Communications, and Requires Reporting of Mass Media Activities Vermont Right to Life has filed suit to strike down three Vermont campaign finance laws which violate the First Amendment by regulating VRLC as a political committee, requiring identification on electioneering communications, and requiring reporting of mass-media activities. Vermont Right to Life Committee Inc., wants to distribute its newsletter, distribute pamphlets and a petition, run radio ads, and do mass e-mail and a mass mailing opposing physician-assisted suicide. Yet VRLC fears these communications will bring serious consequences under Vermont law. Political Committee Definition First, VRLC fears that doing any of its planned communications would convert it into a political committee under Vermont law. That means VRLC would have to bear all the burdens Vermont places on political committees. These include registering with the state, designating a treasurer, recordkeeping, limits on contributions received, extensive reporting, and termination requirements. VRLC asks that the court hold that these burdens are unconstitutional. The reason is that the major purpose of VRLC is not nominating or electing, candidates for state or local office in Vermont. Thus it violates the First Amendment to impose these serious burdens on VRLC. Electioneering Communication Second, VRLC’s communications are deemed an “electioneering communication” under Vermont law, so the speech would have to include (1) VRLC’s name, (2) VRLC’s address, and (3) the name of the candidate, party, or political committee by or on whose behalf VRLC fears Vermont will say the speech is published. Some of VRLC’s speech – such as its future newsletters, mass e-mail, pamphlet, and petition – will include (1) and (2) but not (3). Other VRLC speech, such as its radio ads, will include (1) but not (2) or (3), because, for example, VRLC does not want to use precious air time for this information. Third, some of VRLC’s speech is a “mass-media activity” under Vermont law, so VRLC would have to report the speech as a political committee would. VRLC asks that the court hold the electioneering-communications and mass-media-activities definitions and requirements unconstitutional, because they regulate speech that Vermont may not regulate. PAC Reporting of Contributions Meanwhile, one of VRLC’s PACs, the Fund for Independent Political Expenditures, asks that the court hold unconstitutional both the limits on the contributions it receives and the requirement that it report the name and address of anyone who contributes more than $100 to VRLC-FIPE. “This Vermont law regulating VRLC’s speech is unconstitutional, because VRLC’s speech is not unambiguously related to the campaigns of state or local candidates in Vermont,” said James Bopp, Jr., counsel for VRLC and VRLC-FIPE. “In addition, the Vermont law regulating VRLC and VRLC-FIPE is constitutional in part because it is vague and in part because it fails constitutional scrutiny.” Background VRLC, a non-profit corporation exempt from federal income taxation, is a non-sectarian and non-partisan organization and is not connected with any political candidate or political party. Nor is it connected with any political committee other than its own. VRLC distributes educational material; has organized county chapters; publishes its regular newsletter; and enlists the help of key contacts, speakers, and volunteers across the state. VRLC-FIPE is an organization that does only independent expenditures. That is, it expressly advocates the election of candidates for state or local office in Vermont without coordinating the speech with such candidates. It makes no contributions to such candidates. The action is Vermont Right to Life Committee, Inc. v. Sorell in the United States District Court for the District of Vermont. The complaint and preliminary-injunction brief are at www.jamesmadisoncenter.org. James Bopp, Jr. has a national constitutional law practice with the law firm of Bopp, Coleson & Bostrom.
|