Tag Archives: politics

Campaign donation issue reopened

On Tuesday, the Supreme Court agreed to hear McCutcheon v. Federal Election Commission, 12-536.   The gist of this case deals with the constitutionality of the two-year ceilings that federal law sets on what an individual can give during a campaign for the presidency or Congress, in donations to candidates, to political parties, or to other political committees.

The Supreme Court did not explicitly promise whether it would reconsider its decision in Buckley v. Valeo (1976).  Since Buckley, the government had more leeway to control contributions to candidates or political organizations than over spending by candidates or by independent political activists.

In 2010, the Supreme Court decided a hotly controversial decision in Citizens United v. FEC.  In Citizens United, the Supreme Court declared unconstitutional any limit on spending during federal campaigns by corporations or labor unions, so long as they spent the money independently of a candidate or candidate organization.

In McCutcheon, McCutcheon wants to be able to give more contributions than the two-year overall limits.  McCutcheon’s contributions, if he could go over the limit, would have exceeded the two-year ceiling by $26,200.

Under federal law, the ceiling for the 2011-2012 campaign season was $2,500 per election to any candidate or a candidate’s campaign organization, no more than $30,800 per year to a national political party, no more than $10,000 per year to a state political party, and no more than $5,000 to any other political committee.

The two year ceiling for that same period, which is the issue in this case, is set at $177,000 overall.  That is broken down into $46,200 to a candidate for federal office and $70,800 to non-candidate entities.  The second amount was restricted in that no more than $46,200 could be given to a state party or a non-candidate committee.

via Campaign donation issue reopened : SCOTUSblog.

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Filed under Appellate, civil rights, courts, Judges, legal decision, rules, Supreme Court, union

Campaigners Can’t Lie in MN

Minnesota can prohibit political campaign workers from swaying an election by intentionally lying about a candidate or ballot question, a federal judge ruled.

The Minnesota Fair Campaign Act makes it a gross misdemeanor for anyone “who intentionally participates in the preparation, dissemination, or broadcast of paid political advertising or campaign material with respect to the personal or political character or acts of a candidate, or with respect to the effect of a ballot question, that is designed or tends to elect, injure, promote, or defeat a candidate for nomination or election to a public office or to promote or defeat a ballot question, that is false, and that the person knows is false or communicates to others with reckless disregard of whether it is false.”

It drew a challenge in 2008 from the 281 CARE Committee and the Citizens for Quality Education, which campaign against ballot initiatives that seek increased funding for school districts through bond increases and tax levies.  The groups claimed that the law violated their right to free speech and chills their ability to participate in rigorous political debate.  A federal judge in Minneapolis dismissed the complaint for lack of standing, but the 8th Circuit reversed in May 2011.

On remand, U.S. District Judge Ann Montgomery granted summary judgment to the defendants, who consisted of two county attorneys and the state attorney general.

“Plaintiffs correctly note that our countrys forefathers used rancourous[sic], sometimes false statements to influence voters or even gain material benefits for themselves,” Montgomery wrote.

“But whats past is not always prologue. Over a century ago, the Minnesota legislature implemented minimal, narrow restrictions against knowingly false speech about political candidates in an effort to protect the debates between honestly held beliefs that are at the core of the First Amendment. For nearly a quarter of a century, these restrictions have also applied to statements regarding ballot initiatives. The ballot provisions in Minn. Stat. § 211B.06 reflect a legislative judgment on behalf of Minnesotan citizens to guard against the malicious manipulation of the political process. The court finds that the provisions at issue are narrowly tailored to serve this compelling interest.”

Though Minnesota Attorney General Lori Swanson had sought dismissal on the basis of qualified immunity, Montgomery deemed this question moot.

via Courthouse News Service.

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Filed under District Court, Judges, Minnesota