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.


* Crain's: "Market-based" solution is rigged
* Even more problems for Schock
* 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

          
        * Mobile Printing App 'Printer Pro' Named Apple's Free App of the Week
        * AutoWear is a Tasker plug-in for your Android Wear device
        * VLC update adds in-app extensions, resume playback, Android TV support, more
        * Ericsson seeks US sales ban of Apple iPhone, iPad in patent lawsuit barrage
        * Ericsson Sues Apple Over Patent Licensing, Seeks To Block iPhone And iPad Sales
        * Mix like a DJ, mix free with djay Free
        * Galaxy S6 and S6 Edge renders shown off in Sprint promo

        * ​The Best Way to Keep Your Cheese Fresh (Without Pricey Cheese Papers)
        * Top Off Your Batteries With These Discounted Anker Chargers
        * Benchmark Leads $7.4 Million Round in Live Games Platform PlayFab
        * Gawker Media’s Nick Denton Goes It Alone: The Code/Media Interview (Video)
        * How to Get Smartphone Service While Traveling Abroad
        * Ensuring a Successful OpenStack Deployment
        * The Importance of Self-Compassion and Curiosity to Getting Fit

        * First week of camp in the books for improved White Sox
        * Maximizing speed Coleman's mission with White Sox
        * Davidson reclaims zeal for game, confidence
        * Terrerobytes: Jose Quintana shows up on the radar
        * Coleman infuses passion for baserunning into discussion
        * Melky aims to be catalyst from No. 2 spot
        * White Sox feel pain of Bulls', Blackhawks' injuries

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


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

        Archives
        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 appoints board members at three universi.....
        * Reports: 9 dead from possible shootings in Texa.....
        * New SIU Board of Trustees appointed..
        * What does Rahm's rough week mean for suburban c.....
        * Gov. Rauner appoints West Side minister to coll.....
        * Rauner appoints board of trustee members at 3 s.....
        * CHILD CARE..
        * Green Light $175M In Tollway Deals..


        * Rauner appoints board of trustee members at 3 state colleges
        * Hesburgh, former Notre Dame president, dies at 97
        * Rockton house fire kills 1, injures 1
        *
        * US court declines to decide Illinois' benefits issue
        * Illinois plan would aid Exelon nuclear plants
        * Trucker convicted in 2014 fatal Illinois Tollway crash
        * Southbound Interstate 65 reopens after semitrailer crashes
        * Park advocates: More time needed on Obama library decision
        * US Steel to idle Gary Works coke plant, displacing 300

        * Lt. Gov. Sanguinetti says GOP should court women, Latinos
        * Explore salary information for the state of Illinois
        * State Rep. Raymond Poe to be back at work next week
        * State plan would aid Exelon nuclear plants
        * Sanguinetti says GOP should court women, Latinos
        * Federal appeals court declines to decide Chicago retiree benefits issue
        * Federal appeals court declines to decide Illinois retiree benefits issue
        * Federal appeals court declines to decide Illinois pension issue
        * Gov. Rauner says deal on budget powers is 'very close'; Cullerton spokeswoman says 'major issues' remain
        * Madigan again proposes constitutional amendment for 'millionaires tax'

        * Longtime Notre Dame president dies at 97
        * Former Notre Dame president dies
        * Billionaire developer Bluhm's favorite project
        * Lawmakers renew push for measures to stop invasive carp
        * US court declines to decide Illinois' benefits issue


          * February setting records for cold, snow -- but no top prize
          * Theodore Hesburgh, former Notre Dame president, dies at 97
          * Indiana may install 'baby boxes' for those giving up newborns
          * Firm gives up license to grow medical pot as patient approvals lag
          * Parents of slain journalist James Foley: U.S. should do more to aid hostages
          * Exelon-backed bill seeks $2 more a month for nuclear plants
          * Addams Tollway rebuilding project to begin next month
          * Pepper the black Lab saved from icy DuPage River
          * Major delays reported on the CTA Orange Line
          * Man charged in fatal Back of the Yards shooting


          * Unique Flavors
          * A Daily Realization
          * Chicago sets early voting record in last weekend before mayoral election
          * Standoff over new state school test continues
          * Medical Society Wants To Prevent Misuse Of Opiates
          * Child Care Providers Rally in Capitol
          * Travel And Learning Cultures Bring Us Closer
          * Author Discusses Volcano That Created Illinois, Frankenstein and Disease
          * Art Beat: Paintings, A Doc & Psychedelic Rock
          * Bedrock 66 Live! Features Celtic And Psychedelic Rock


          * Lt. Gov. Sanguinetti says GOP should court women, Latinos
          * Our Opinion: Turbulent times ahead for Illinois lawmakers
          * Fred Hayes: Illinois police support body cameras, but with tweaks to state law
          * E.J. Dionne: Chicago's Rahm-Chuy Show
          * Esther Cepeda: The captain of my family's ship
          * Quote of the Day: Friday, Feb. 27, 2015
          * Explore salary information for the state of Illinois
          * State Rep. Raymond Poe to be back at work next week
          * State plan would aid Exelon nuclear plants
          * Federal appeals court declines to decide Chicago retiree benefits issue


          * Legislation would increase Ameren bills
          * Crime blotter 2/28/15
          * House fire on West Monroe under control
          * Coroner's office at scene of Bloomington house fire
          * Director of Trial Advocacy Steve Beckett 2/27/15
          * Winter is sticking around longer
          * Winter is sticking around longer than we'd like
          * Boy, 13, recovering from gunshot wound to his head
          * Cahokia man convicted of felony domestic abuse
          * Bitter cold, snow and sleet expected for the weekend


          * Water pipeline move begins; costs $73 million
          * Commission recommends Grayslake extend special events contract with chamber
          * Suburban O'Hare Commission hires consultants to help battle airport noise
          * State nears decision on proposed eastern Illinois coal mine
          * Bridal web site features suburban vendors

          * Editorial: Is the Ice Cracking? | Transpor...
          * Rep. Lipinski Leads Letter Urging House Le...
          * Rep. Lipinski Announces $2.9 Million Feder...
          * Shortline tax credit legislation enters Ho...
          * Rep. Lipinski Announces STEM Education Gra...
          * Rep. Lipinski Helps Spur Launch of New Dep...
          * Short-line tax credit extension bill enter...
          * Private plane rides have bumpy congression...
          * Report: Schock Failed to Report London Gif...
          * The Amazing Adventures Of The Fabulous Aar...

          * How Obama is shrewdly using partisanship t......
          * Child poisonings from laundry detergent pa......
          * Netanyahu to hold bipartisan meeting with ......
          * Netanyahu to meet with McConnell, Reid aft......

          * Morning Plum: Homeland Security fight coul......
          * Local schools shine at Mallusk...
          * House Not Quite Ready To 'Suck It Up' Over......
          * Congress Will Vote On Homeland Security; A......
          * House bill could keep Homeland Security ag......

          * Overview of Thursday’s events at CPAC 2015
          * Starkehaus: Thursday at CPAC 2015
          * Country star Garth Brooks got $1,000,000 in incentives from Rosemont
          * Organizing and disorganizing adjuncts.
          * To Tom Balanoff and the SEIU: Join me in song.
          * The Weekend In Chicago Rock
          * Bill Kristol, E.J. Dionne talk about the role of government at the Univ. of Chicago
          * CEO of Illinois-based John Deere Challenged for prohibiting employee civic/political engagement
          * The Real War on Women: Global Human Rights Abuses and the Americans Who Ignore Them
          * Andrew Klavan: Good News, Beheaded Christians


          * 24th Anniversary Desert Storm Remembrance Ceremony
          * Illinois Department of Human Rights Announces 2015 Spring Training Schedule
          * Snow and Freezing Rain to Impact Travel in Illinois - IDOT Crews Prepared to Battle Winter Weather this Weekend
          * IDOR Begins Processing Individual Tax Returns
          * IEMA Awards $435,378 in Grants for Hazardous Materials Emergency Planning - Funds will help 33 Local Emergency Planning Committees enhance emergency plans, response to HazMat incidents




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