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.


* Reader comments closed for the holiday weekend
* Can't anybody play this game?
* Radogno: Pass the grand bargain by the end of this month or forget it
* Question of the day
* CMS warns comptroller over draining special funds
* *** UPDATED x3 *** ISBE to vote on settling Urban League school funding lawsuit
* *** UPDATED x1 - FY18 bills filed *** Get out your checkbook, Mr. Mayor
* Midway contract criticized
* Bob Michel passes away
* Another day, another Rauner campaign ad
* Clearing up a little confusion
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Madigan orders committee to take up Thompson Center sale issue
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

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

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

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

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

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


Search This Blog...

  
* IFROGZ Impulse Wireless Headphones review
* Korean regulators looking into whether Google’s Android hurt Samsung’s Tizen
* Free App 'Reverb' Brings Amazon's Alexa to Mac Desktops, iPhones and iPads
* Children's Organic Storybook 'Green Riding Hood' is Apple's Free App of the Week
* ZTE Hawkeye officially getting retooled, fund on Kickstarter canceled
* Reuters: Softbank wants Sprint and T-Mobile to merge, would give up control to Deutsche Telekom
* Should you take benchmarks seriously?

* Renteria establishes rapport with White Sox
* Energized Lawrie stepping in right direction
* Moncada ignores hype, focuses on Sox roster
* Let's watch Yoan Moncada's adorable son flip his bat
* Fantasy Player Preview: Dominate your draft
* White Sox Top 30 Prospects list
* Spring Training has arrived! Get tickets, schedule and gear

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


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

Archives
February 2017
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


* Voice of The Southern: Carbondale, SIU taking r.....
* Jim Dey: Budget, contract fights threaten state.....
* Battling Illinois’ budget blues..
* Battling Illinois' budget blues - Champaign/Urb.....
* John Foreman: I just don't understand - Champai.....
* Jim Dey: Budget, contract fights threaten state.....
* Walter Jacobson's Perspective 2/19/2107: Boomin.....
* State law requires Will County schools, daycare.....


* Illinois Ag Department to discuss plan to fight gypsy moths
* SIU-Carbondale narrows chancellor search to 7 semifinalists
* Off-duty sheriff shot in the leg
* Syrian woman previously denied entry arrives in Chicago
* Police find nearly 130 explosives at Normal man's home
* Tentative settlement reached in 2008 Illinois education suit
* U of Illinois police issue letter about sexual assaults
* Maine utility regulators to consider $1.5B FairPoint sale
* Amputee prosthetic legs with Boston bombing survivor's help
* Illinois summer police camp for teens taking applications

* Effort to privatize economic development questioned
* State budget impasse still hurting schools
* DHS moving into former Barney's Furniture store
* Madigan says House will consider sale of Thompson Center
* Bustos, other Dems demand Rauner pay domestic violence money
* State budget gap could be more than $7 billion
* Rauner administration says Mendoza decision on payroll could jeopardize services
* Legislation to change date on state seal passes House
* Lisa Madigan to appeal denial of motion to stop state worker pay
* Illinois attorney general to appeal denial of motion to stop state worker pay

* Like our roundup? Share it around.
* The 50 priciest​ home sales of 2016 are here
* Rauner finally weighs in on budget to Capitol laughter and groans
* Springfield's incapacity a threat to all small businesses, including mine
* Is Bruce Rauner the only grown-up in Springfield?


* 2 dead in Peotone motorcycle crash
* Chicago man wins $4 million lottery prize
* Beat the Champs: Half the field, Section 4/Will Cty & Fox Valley
* 6 injured when car crashes into South Loop building
* Man shot during argument in Pilsen
* Joliet man dies at work, trapped between heavy machinery
* Four hospitalized due to carbon monoxide in Naperville
* Man suspected in 5 bank robberies strikes again in Alsip
* Man shot while driving on Dan Ryan
* Dear Abby: Late to bed, late to rise makes mom, kids tardy


* Vinnie Hinostroza will rejoin the Blackhawks in Buffalo
* Swedes scratch heads after Trump says 'look what's happening last night in Sweden'
* Pence visits former Nazi concentration camp
* SpaceX launches rocket from NASA's historic moon pad
* Off-duty Cook County correctional officer shot in Englewood
* Dwyane Wade and Gabrielle Union won't 'stick to sports' - nor should they
* David Rollins finds relief with Cubs after offseason in flux
* The FCC wants you to be able to listen to FM radio from your smartphone
* Revived by rally, Trump turns back to governing
* 1 dead, 10 wounded, including Cook County officer, in Chicago shootings


» Syrian Family Reunites Three Weeks After Travel Ban
» Man Charged In Shooting Death Of Chicago Toddler
» State Week: 'Balanced' Is In The Eye Of The Beholder
» State Settles Suit Over Discriminatory School Funding
» Professor Says Department Will Still Consider Students Affected By Travel Ban
» Man Charged With Shooting 11-Year-Old Assaulted
» Indiana Governor Pledges State Aid For East Chicago Lead Problems
» City Council Advances Plan To Bring New Stores To Midway
» Ex-Obama Aide Fined $90,000 For Chicago Lobbying Violation
» WWII Pilot's Family To Honor O'Hare At Namesake Airport


* Bernard Schoenburg: Dems eye Rodney Davis, who expects the challenge
* Effort to privatize economic development questioned
* Bernard Schoenburg: Dems eye Davis, who expects the challenge
* Statehouse Insider: This is what's meant by balanced?
* State budget impasse still hurting schools
* Our View: Springfield aldermen need to look long term on budget
* DHS moving into former Barney's Furniture store
* Dalia Anguiano Henry: The path toward being a compassionate, faith-motivated activist
* United Way: Addressing basic needs in our community
* Addressing basic needs in our community


* St. Clair County considering trap and release rules for stray cats
* Radio personality Ryan Patrick found his voice at JALC
* PFOP: Campaign to aid Britain comes to Bloomington
* Family endures difficult first decade of farm enterprise
* Big box stores adopt home delivery while smaller ones adapt without
* Bicycle-sharing program to launch March 20
* No complaints: Surprise heat wave breaks records, lures many outside
* St. Louis officers involved in shooting late Saturday
* Kiosk designed to raise awareness about earthquake threat
* George Will: An adult voice amid pandemic childishness


* Blast in Somalia kills 20 in Mogadishu marketplace
* Senior Trump appointee fired after critical comments
* The fiduciary rule and you
* How a pet chicken helped me understand my autistic son
* Toughening penalties if pets are harmed during crimes

* US Representative Randy Hultgren visits ne...
* US Congressman tours new Aurora Specialty ...
* Hultgren criticizes immigration ban, Roska...
* Bernard Schoenburg: Dems eye Rodney Davis,...
* Hultgren updates work on heroin, opioid ab...
* Group upset with Trump wants Town Hall mee...
* US Rep. Randy Hultgren talks veterans' iss...
* US Rep. Randy Hultgren reflects on busines...
* Hultgren co-sponsors bill to assist Americ...
* Rep. Randy Hultgren appears to distance hi...

* Sen. Hirono, Other Democrats Introduce Bil......
* Sen. Hirono, Other Democrats Introduce Bil......

* Dem Sen Duckworth: 'This Is Not the Presid......

* We have been here before. 75 years ago today, FDR signed Executive Order 9066.
* “We oppose the expansion of Speer Charter High School.”
* Resistance Sunday.
* Day Of Remembrance Programs At History Museum Sunday
* Take the Trump survey and rate the perfidious media
* The horrors—real and imagined—of a weekend in Trump’s southern Illinois
* New York quartet Hush Point deftly modernize west-coast jazz fundamentals
* Andersonville Restaurant Week, Ballet de Lorraine, and more things to do in Chicago this weekend
* Activate:Chi aims to bring the music and nightlife biz into the resistance
* Former Obama adviser David Plouffe fined for illegally lobbying Rahm on behalf of Uber, and other Chicago news


* Governor Takes Bill Action
* 2017 Budget Address
* Rauner, Lawmakers Move to Protect Taxpayers from Inmate Legal Bills
* Illinois Department of Veterans’ Affairs Announcednew pilot program titled Tiny Boots
* Governor Rauner Attends Illinois National Guard Deployment Ceremony




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