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Proft loses appeal in bid to make unlimited direct contributions with his independent expenditure PAC

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Illinois

* Seventh US Circuit Court of Appeals…

A provision of the Illinois Election Code limits how much money entities can contribute to political campaigns. But in some races, Illinois lifts these limits, allowing certain entities to make unlimited campaign contributions and coordinate unlimited spending with candidates. Illinois Liberty PAC, an independent expenditure committee, is not one of these entities; indeed, Illinois bans all independent expenditure committees from making campaign contributions and from coordinating spending with candidates.

Plaintiffs Dan Proft and the Illinois Liberty PAC do not attack the entire contribution and coordination ban enforced against independent expenditure committees. Rather, they seek to overturn the ban only when unlimited contributions and unlimited coordinated expenditures are allowed for others. Otherwise, plaintiffs claim, Illinois’s ban violates the First Amendment rights of free speech and free association and the Fourteenth Amendment right of equal protection.
Whether a constitutional violation exists here depends on if the contribution and coordination ban is closely drawn to prevent corruption or the appearance of corruption.

Because striking down the ban would increase the risk of corruption and circumvent other election code sections that work to prevent political corruption, we affirm the district court’s dismissal of this suit and denial of plaintiffs’ motion for a preliminary injunction.

* More specifically, this is what Proft wanted to do…

Although the Illinois Election Code bars independent expenditure committees from contributing to or coordinating with candidates, Proft, through Illinois Liberty PAC, wants to make unlimited contributions directly to political candidates and coordinate with those candidates in races where the code lifts contribution caps for other entities and individuals. To do so, plaintiffs filed a complaint against the Illinois Attorney General and the members of the Illinois State Board of Elections to obtain declaratory and injunctive relief permitting such contributions and coordinated spending. Plaintiffs argue that by excluding independent expenditure committees from making these contributions and coordinated expenditures, Illinois has violated their First Amendment rights to free speech and free association and their Fourteenth Amendment rights under the Equal Protection Clause.

* Conclusion…

If Proft wishes to make contributions to candidates or coordinate with candidates, he may reorganize Illinois Liberty PAC as a political action committee. And if Proft wishes to contribute to candidates, coordinate with candidates, and make independent expenditures, he may instead form a political action committee while continuing to manage Illinois Liberty PAC.

posted by Rich Miller
Monday, Dec 16, 19 @ 2:32 pm

Comments

This happens to people with their own set of facts.

Comment by Cheryl44 Monday, Dec 16, 19 @ 2:46 pm
That’s one for the good guys.

Comment by Boone's is Back Monday, Dec 16, 19 @ 2:53 pm
Proft’s “Illinois Liberty PAC” needs to become a real PAC? Who knew? s/

Comment by walker Monday, Dec 16, 19 @ 3:03 pm
My guess is he’ll appeal this ruling until he gets a better answer or until he runs out of courts.

Comment by 47th Ward Monday, Dec 16, 19 @ 3:13 pm
Shorter: “Super PACs are not PACs, Mr. Proft.”

Comment by Perrid Monday, Dec 16, 19 @ 3:36 pm
Political funding for candidates and other issues has grown so huge that it is repugnant. But grow it does. And with constant ways to get around existing law.

On to SCOTUS?

Comment by OpentoDiscusssion Monday, Dec 16, 19 @ 4:15 pm
To the post,

Here are the most important words in the conclusion;

=== …he may reorganize…===

And…

===…he may instead form…===

… and there it is.

Proft has the relief he seeks, Proft doesn’t like the rules of those other choices to do it?

It’s also fodder to be defeated, the happy warrior to his ilk, fighting the good fight, even if its a losing battle.

I’m far more interested as to what, if anything, Proft thinks he can and will do for March. What does primary season look like for one Dan Proft, now that he loses this case, yet again.

Comment by Oswego Willy Monday, Dec 16, 19 @ 4:17 pm
Any lose in the courts by Proft is a victory for democracy.

Comment by Back to the Future Monday, Dec 16, 19 @ 4:17 pm
Who would have guessed the way the U.S. Supreme Court has come down with some decisions the last 10 years concerning free speech and campaign finance issues? Proft might be looking for a U.S. Supreme Court case on campaign finance given the composition of the court.

Comment by Steve Monday, Dec 16, 19 @ 4:34 pm
Proft claims to have raised and spent $50 million in his political career. So that’s 0 for $50 million as he has never flipped a seat The bigger question will be going forward is who if anyone will throw money down that waste hole. U don’t need a federal court ruling to answer that question

Comment by 19th ward guy Monday, Dec 16, 19 @ 4:51 pm
So all Profit had to do was fill out some paperwork and use up a stamp? But he chose to go to court.
A fool and his money.

Comment by Da Big Bad Wolf Tuesday, Dec 17, 19 @ 8:52 am