Ballot Law Update: Court ruling breaks backbone of Arizona campaign finance disclosure laws
December 8, 2014
By Josh Altic
Federal Judge James Teilborg struck down the cornerstone of Arizona campaign finance law on December 5, 2014, by ruling the state's law governing registration of political campaign groups unconstitutional. Teilborg declared that the state's requirements on politically active groups having to register are “vague, overbroad, and consequently unconstitutional in violation of the First Amendment," resulting in a law that restricts the freedom of speech and impedes political involvement. Deputy Secretary of State Jim Drake told reporters that his office will request Judge Teilborg to delay the enforcement of his ruling so that the state can launch an appeal or, at the very least, sort out where exactly campaign finance law stands after the decision. Drake said, "It does kind of turn campaign finance on its head." He continued to state that the court order, at the very least, frees any committee campaigning in support of or opposition to a ballot measure from disclosing its funding sources. Paul Avelar, an attorney arguing against Arizona's statute, said that the ruling is even more broad and applies to all political groups active in both ballot measure campaigns and candidate campaigns.[1]
The Institute for Justice filed the lawsuit resulting in this decision in 2011 on behalf of Fountain Hills resident Dina Galassini. The court battle was launched after Galassini was told she could not hold a small protest with 23 of her friends without registering with the state as a political committee. Teilborg originally ruled the law unconstitutional in 2013, but the state continued to force committees to disclose their expenditures and contributions. This 2014 ruling and court order, unless successfully appealed, could put a stop to nearly all campaign finance disclosure requirements.[2]
See also
Additional reading
- Arizona Capitol Times, "Groups no longer required to disclose money sources to Secretary of State’s Office," December 8, 2014
- Blog For Arizona, "‘Dark money’ in Arizona could get darker," October 30, 2014
- Blog For Arizoan, "Federal Judge voids independent expenditure committee campaign finance law," December 7, 2014
Footnotes
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