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Proft loses IE lawsuit

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Illinois

* Dan Proft and his Liberty Principles PAC sued in federal court earlier this year to invalidate the state law prohibiting any direct contributions to candidates from independent expenditure committees. Proft wanted the court to allow his IE committee to give direct contributions to candidates in races where the contribution caps had been lifted.

It didn’t work.

* From the opinion…

Proft claims that these groups do not pose a unique threat of corruption and it is not fair to ban them from contributing when all others can do so. To do that, in his view, unreasonably restricts the free-speech and free-association rights of the organizations and the individuals who comprise them. […]

Attorney General Madigan opposed this motion and moved to dismiss the complaint arguing that independent expenditure committees must re main independent. (Dkt. 19.) Because accepting Proft’s argument would erase the Supreme Court’s 40-year-old distinction between contributions and independent expenditures, the Court denies his motion for a preliminary injunction and grants Attorney General Madigan’s motion to dismiss. […]

It appears, then, that what Proft would really like is to have his cake and eat it too. Proft wants to enjoy the benefits of an independent expenditure committee (unlimited fundraising and spending abilities), while also enjoying the benefits of a PAC (capacity to directly contribute, communicate, and coordinate with candidates). “Choices have consequences,” however, and Proft must live with the limitations of the entity he chose to establish.

posted by Rich Miller
Monday, Oct 29, 18 @ 9:34 am

Comments

“It appears, then, that what Proft would really like is to have his cake and eat it too”

If that isn’t Proft in a nutshell.

Comment by ste_wit a v_en Monday, Oct 29, 18 @ 9:38 am
Profit would like to have his cake, eat it too, and get paid handsomely for it:
1. Have cake.
2. Eat cake.
3. ???
4. Profit, plus have cake.

Comment by Keyrock Monday, Oct 29, 18 @ 9:51 am
How do you get Proft’s job? Where do I apply?

Comment by Soccermom Monday, Oct 29, 18 @ 10:07 am
I can eat cake…
I like cake….
hmmmm cake.

Comment by OneMan Monday, Oct 29, 18 @ 10:13 am
You gotta admire Proft’s genius for getting and using other people’s money. He’s created his own “tax and spend” little state.

Comment by walker Monday, Oct 29, 18 @ 10:35 am
At least his clients can still claim to be small time independent candidates with only $10k in their campaign coffers while hundreds of thousands of dollars are spent on their behalf by him.

Comment by NomChompsky Monday, Oct 29, 18 @ 10:54 am
Any chance this will be the next SCOTUS drive by Proft and Co.? SCOTUS declined to hear SpeechNow v FEC, but with Kavanaugh now on the bench, could this be the opening the IGs were waiting on?

From 2010- https://www.nytimes.com/2010/03/27/us/politics/27campaign.html

“Judge Kavanaugh noted that recent developments had left political parties in a comparatively weakened position.

‘Under current law,’ he wrote, ‘outside groups — unlike candidates and political parties — may receive unlimited donations both to advocate in favor of federal candidates and to sponsor issue ads. We recognize” the Republican National Committee’s “concern about this disparity, which, it argues, discriminates against the national political parties in political and legislative debates. But that is an argument for the Supreme Court or Congress.’”
***

https://www.vox.com/mischiefs-of-faction/2018/10/8/17950046/citizens-united-interest-groups

https://ballotpedia.org/SpeechNOW.org_v._Federal_Election_Commission

Comment by Anon221 Monday, Oct 29, 18 @ 11:05 am
This is a very easily solvable problem that didn’t require this lawsuit. The law prohibits IE’s from directly contributing to a candidate committee, even after the caps have been blown for that candidate’s race. However it’s perfectly legal for that IE to refund the money to its donors and those donors can then contribute directly to any candidates up to the legal limit and if that candidate has had his/her race’s caps blown they can donate unlimited amounts.

The lawsuit was just make-work for some lawyer.

Comment by The Captain Monday, Oct 29, 18 @ 11:39 am
The Judge saw through this one very well, if Proft were to win then there would be a contribution limits loophole that would essentially gobble up the entire rule.

Comment by titan Monday, Oct 29, 18 @ 12:56 pm
Although I totally agree with this result, the linked opinion itself notes there is a circuit split on the legality of hybrid PACs.

Thus, if SCOTUS wants to fill our politics with even more secret cash and take up this case, it would seem to have a vehicle to do so.

Comment by hisgirlfriday Monday, Oct 29, 18 @ 1:19 pm
Proft would like to raise money without limits, spend a bit independently in a race, and then give directly to the same candidate. Glad the court saw through this.

Comment by Anonymous Monday, Oct 29, 18 @ 3:31 pm