SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
This just in… Personal PAC wins campaign finance suit

Tuesday, Mar 13, 2012

* 3:37 pm - US District Judge Marvin Aspen has just ruled that parts of two Illinois campaign finance statutes are unconstitutional and has permanently enjoined their enforcement. Read the opinion here.

The pro-choice Personal PAC had sued because Illinois law prohibited it from setting up a separate political action committee to conduct independent expenditures. State law limits PACs to one fund each. The group also objected to the contribution caps to political action committees that are set up to run independent expenditures.

The court agreed based on the infamous Citizens United case and the lesser known Wisconsin Right to Life ruling (which had pretty much exactly the same circumstances as this Personal PAC suit) and those two state laws are now gone.

* From the opinion…

This order enjoins enforcement of only the first sentences of 10 ILCS 5/9-8.5(d) and 10 ILCS 5/9-2(d) as applied to independent-expenditure-only PACs. Those sections may continue to be enforced outside of the specific applications enjoined and all other provisions of the Election Code continue to apply as written. This narrow ruling, among other things, allows for enforcement of the first sentence of § 5/9-2 to bar individuals and groups from creating more than one PAC that makes coordinated expenditures; it also allows for full enforcement of the reporting requirements set forth in § 5/9-8.6©.

Defendants additionally assert that if we enjoin the contribution limits in § 5/9-8.5(d), and allow Personal PAC to accept unlimited contributions after converting to a independent- expenditure only PAC, we could avoid reaching the constitutionality of the one-PAC limit in § 5/9-2(d). We disagree that this solution would result in a narrow ruling that still vindicates Personal PAC’s constitutional rights as it would prevent Personal PAC from managing two PACs, one for direct contributions and one for independent expenditures. Such a result is not warranted.

* 4:33 pm - From Personal PAC…

Earlier today, United States District Court Judge Marvin Aspen issued a ruling striking down two provisions in Illinois’s campaign finance law on the ground that both are clear violations of the First Amendment. The first challenged provision limited contributions to political action committees, including placing a $10,000 limit on contributions by individuals. The second provision prevented any person from establishing or maintaining more than one political action committee. Judge Aspen held that both provisions are flatly unconstitutional following the United States Supreme Court’s landmark campaign finance decision in Citizens United v. FEC and the Seventh Circuit’s recent decision striking down a similar law in Wisconsin Right to Life State Political Action Committee v. Barland.

The Court granted Personal PAC’s request for a permanent injunction against enforcement of the provisions as applied to PACs that only raise and spend money independently of public officials, candidates, or political parties. This decision will enable Personal PAC and its donors to fully participate in the Illinois election contests in 2012.

Terry Cosgrove, President and CEO of Personal PAC, stated, “Personal PAC sought to bring Illinois campaign finance law into compliance with what the First Amendment supports. We are thrilled that the Court ruled quickly and in our favor, which will allow us to raise the necessary funds to effectively advocate for the rights of women and girls in Illinois.”

- Posted by Rich Miller        


17 Comments
  1. - Ace Matson - Tuesday, Mar 13, 12 @ 3:03 pm:

    The state laws are not ‘gone’. They are still in the statute books. Just unenforcible now unless a higher court reverses.


  2. - matty - Tuesday, Mar 13, 12 @ 3:04 pm:

    great, even more money


  3. - TwoFeetThick - Tuesday, Mar 13, 12 @ 3:05 pm:

    From the opinion, quoting Citizens United: “independent expenditures… do not give rise to corruption or the appearance of corruption.”

    Of course not, don’t be silly. Great decision the Roberts Court gave us. That roaring sound is either the floodgates being opened or the country being flushed down the toilet (or maybe both).


  4. - dave - Tuesday, Mar 13, 12 @ 3:08 pm:

    Better write those big checks today before the State appeals.


  5. - Wrong - Tuesday, Mar 13, 12 @ 3:28 pm:

    Actually, you guys are mistaken. This law only applies to independent expenditure committees - i.e. PersonalPAC, Stand for Children, Democratic Majority, etc.

    Candidate PACs, State Party PACS, and perhaps, Labor PACs, are still limited in contributions they can accept.


  6. - Rich Miller - Tuesday, Mar 13, 12 @ 3:32 pm:

    Wrong is right.


  7. - Carl Nyberg - Tuesday, Mar 13, 12 @ 3:34 pm:

    The Roberts court is awful.

    That state rep busted by the FBI should use Citizens United to challenge his indictment for taking a bribe to write a letter.

    It’s all free speech. If the government lacks authority to regulate purchased speech, why shouldn’t someone be able to purchase the speech of a legislator?


  8. - Carl Nyberg - Tuesday, Mar 13, 12 @ 3:36 pm:

    John Roberts is a [redacted] moron, if he thinks that all the money being dumped into politics, for example the GOP primary, is “independent” expenditures.

    The funds are clearly coordinating with the campaigns. The media doesn’t even pretend there’s a distinction.


  9. - D.P. Gumby - Tuesday, Mar 13, 12 @ 3:59 pm:

    Another example of the evil brought by Citizen’s United. May it soon be overturned by reality.


  10. - Demoralized - Tuesday, Mar 13, 12 @ 4:02 pm:

    The Courts have gone absolutely mad with these campaign finance rulings. The suggestion that this stuff has anything to do with free speech is absolute ignorance. I can only hope one day somebody comes to grips with this nonsense and the Supreme Court ruling that started all of this will be overturned, if for no other reason than it is absurd.


  11. - 1776 - Tuesday, Mar 13, 12 @ 4:45 pm:

    Lots of folks hate the Constitution today. I applaud the freedoms articulated by our founders including speech, religion, and the right to bear arms.


  12. - Greg Blankenship - Tuesday, Mar 13, 12 @ 5:26 pm:

    A decent civil rights victory. Maybe there is hope for the idea that Illinoisans will develop the capacity for self government. Maybe someday the little people will have rights, too.


  13. - hisgirlfriday - Tuesday, Mar 13, 12 @ 5:40 pm:

    GMAB, 1776, about people who oppose Citizens United hating the Constitution.

    The Framers of the Constitution did not think money was speech or that incorporated groups had First Amendment rights. If they did think so, they would have said so.

    No, these things were determined by judicial activists at the Supreme Court over the years. We can’t blame the Framers or the Constitution itself for this.


  14. - SangamoGOP - Tuesday, Mar 13, 12 @ 5:46 pm:

    This is a solid decision just as the famous Citizens United decision. I may not agree with PersonalPAC or its chosen candidates, but I fully support their right to scream their support from the highest rafters and the smallest radio stations.


  15. - Anonymous - Tuesday, Mar 13, 12 @ 8:23 pm:

    spam at 4:45


  16. - The Framers - Wednesday, Mar 14, 12 @ 8:15 am:

    ==The Framers of the Constitution did not think money was speech==
    Money isn’t abortion, either. But a ban on spending money for abortions would surely be unconstitutional. The question was never whether money IS speech. The question was whether banning spending money ON speech was a limit on speech.

    ==or that incorporated groups had First Amendment rights.==
    The Framers absolutely believed that you don’t lose your speech rights by virtue of association with others. They granted you the freedom to do both, and to do both together if you so choose.

    There’s no distinguishing characteristic of incorporated associations to treat them any differently than unincorporated associations.


  17. - Lawsuit Funding - Wednesday, Mar 14, 12 @ 9:21 am:

    I agree with greg, maybe there is hope.


Sorry, comments for this post are now closed.


* *** LIVE *** Session Coverage
* Senate leaders promise their budget will balance in FY 18
* New House rules proposed by Leader Durkin
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............
<


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

  
* European HTC 10, 10 Lifestyle and One M9 start receiving Nougat all at once
* Robotics and Machine Learning Expert Yoky Matsuoka Returning to Nest After Leaving Apple
* What might “Bixby Vision” have to do with the Samsung Galaxy S8?
* Verizon fourth quarter earnings fall short of analyst expectations
* OnePlus plans to tackle shipping delays in 2017 with ‘immediate dispatch’
* Huawei Honor 6X pre-order at B&H includes $135 worth of free accessories
* Modular Band Links Could Expand Functionality of Future Apple Watches

* HOFer Fisk surely White Sox best FA signing
* Renteria: Sox instilling team-first mentality
* Kopech, Soto among 19 invited to Sox camp
* Moncada No. 1 on MLB Pipeline's Top 10 2B Prospects list
* MLB mourns death of Royals pitcher Ventura
* Report: Yordano Ventura killed in car accident
* MLB mourns death of Royals pitcher Ventura

...............


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Blagojevich Trial
Advertising
Updated Posts
Polls

Archives
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0
WordPress

Loading


* Rauner rolls out plan to protect pharmacy custo.....
* Far-reaching Illinois budget fix faces long odd.....
* Far-reaching Illinois budget fix faces long odd.....
* Far-reaching Illinois budget fix faces long odd.....
* Far-reaching Illinois budget fix faces long odd.....
* Six things to know - 1/24/17 - WPSD Local 6..
* Illinois Senate plans to plow ahead with its ow.....
* Far-reaching Illinois budget fix faces long odd.....


* Illinois man in celebrity-hacking case faces sentencing
* Illinois Senate plans to plow ahead with its own budget plan
* EXCHANGE: Partners in crime fighting walking away together
* Video gambling leads to growth in revenue
* Video gambling leads to growth in revenue
* Services set for suburban Chicago officer killed in crash
* Land-speed record breaker settles lawsuit against museum
* Springfield man killed by police officer during altercation
* Springfield man killed by police officer during altercation
* Chicago police raids over the weekend result in 120 arrests

* Cullerton, Radogno say budget will be balanced
* Illinois concealed carry rules survive lawsuits by gun owners
* Chicago State University's spending raises questions
* Rauner administration asks Congress to avoid hasty 'Obamacare' action
* Illinois treasurer asks Trump to assure banks on medical marijuana
* Justices reject appeal over Illinois concealed-carry rules
* Illinois treasurer seeks payout of unclaimed life insurance
* Illinois Senate to try again on pension reform
* Illinois Senate 'bargain' includes hike in minimum wage
* Governor extends tax incentive program

* All-day breakfast push no longer fueling McDonald's growth
* Rauner team to Congress: Don't be 'hasty' with Obamacare tweaks
* Aetna-Humana merger blocked on antitrust grounds
* Who are Illinois Dems backing for governor?
*


* 10-year-old boy in backseat of stolen SUV in Hermosa found safe
* Trump guidance, press schedule Jan. 24, 2017. Auto execs, CIA
* ‘La La Land’ leads Oscar nominations with 14, tying a record
* Chicago nutritionist helps Shape up your plate
* Gang leader gets 22 years for selling guns, cocaine
* Weapons recovered, 2 arrested after Ford Heights traffic stop
* 84-year-old man with dementia missing from Cragin
* Woman grazed by bullet in Chatham
* 16-year-old boy shot, critically wounded in South Chicago
* Illinois treasurer asks Trump to assure banks on marijuana


* Martellus Bennett can't duck out on his Bears rips this time
* Oscars go gaga for 'La La Land' with record-tying 14 nods
* Lanes closed after serious crash in Naperville
* Chicago Blues Fest moves to Millennium Park for 2017, Gary Clark Jr. to perform
* Violent Monday after violent weekend in Chicago: 'Help me, Jesus, they killed my son'
* How a Trump tariff could sideswipe U.S. auto industry
* Morning Spin: Whereabouts of Trump Chicago street signs a mystery
* Who killed a woman in one of the world's safest countries? All of Iceland wants to know
* Free Wi-Fi kiosks coming to Chicago will feature 55-inch touchscreens
* 'Heartbroken' jet car owner reaches settlement with Museum of Science and Industry


The widget AQL4JYGHIY powered by Feed Informer does not exist.


* Cullerton, Radogno say budget will be balanced
* Illinois concealed carry rules survive lawsuits by gun owners
* Their View: Adam Kinzinger bill a good step toward helping survivors of human trafficking
* Kathleen Parker: Donald Trump is our president. Let us pray
* Chicago State University's spending raises questions
* Rauner administration asks Congress to avoid hasty 'Obamacare' action
* Illinois treasurer asks Trump to assure banks on medical marijuana
* Justices reject appeal over Illinois concealed-carry rules
* State Rep. Steve Andersson: Return power of Illinois House to all 118 members
* Illinois treasurer seeks payout of unclaimed life insurance


* Podcast: State Senator Scott Bennett 01/24/17
* ‘Hope is good medicine’
* Urbana council sends ordinance to hire 2 cops to final vote
* All-day breakfast not enough to bolster McDonald's U.S. sales
* Kroger offers Decatur's first online grocery shopping
* Hoopeston rallying around ailing police chief
* Who said rules should be fair?
* 'Zoolander 2' leads Razzie nominations
* Killeen pledges to fight for federal research funding
* To Your Health: Enjoy whole grains for burst of flavor (and nutrition)


* US water polo coaches return for 2020 Tokyo Olympics
* Trump's pick for health secretary faces new Senate hearing
* The Latest: Putin envoy says Russia happy with Syria talks
* Bengals' Jones issues apology after police release video
* Land-speed record breaker settles suit with Chicago museum

* House lawmakers overcome hurdle on key tra...
* Rodney Davis talks funding with Bloomingto...
* The agency that fought Illiana gets a new ...
* Rep. Dold takes educational cruise down Ch...
* Lawmakers decry high turnover rate of VA h...
* CBD Oil, and politics
* Simon considering state Senate bid
* Killer Congressman Tom MacArthur trying to...
* Shutdown? State may not notice
* Rep. Bob Dold

* Sen. Dick Durbin Comments on President Tru......

* Defense attorney questions witness' motive......
* Defense attorney questions witness' motive......

* Mom said, “Never go alone.”
* Park Ridge board member Tom Sotos and a sexual harassment suit.
* NAR’s Facemire to share proven ideas during RPAC Strategic Planning meeting
* Task force maps REALTOR® participation in state’s 200th birthday
* Transit Matters - Pullman open house
* On Saturday four million in the streets made America great.
* Hoping not to be offensive.
* Tony at the Red Line.
* Park Ridge parents and community pack board meeting. “It’s not his use of the word vagina but his saying he didn’t like it when women spoke up for their rights.”
* “The Driver’s Side” – News From The Motorist’s Perspective


* Honoring Illinois' Fallen - United States and Illinois flags at half-staff immediately until Sunset, Wednesday, January 25, 2017.
* It’s Not Too Late To Get A Flu Shot - Influenza cases increasing in Illinois
* New Authority Allows DCFS to Strengthen and Preserve Families - Federal waiver grants DCFS flexibility to better care for fostered youth
* Illinois Film Industry Generates $499 Million in 2016 - Chicago named #5 Best Place to Live and Work as a Moviemaker
* State Announces Free Tax Preparation for Low Income Families




      Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller