Federal Court in Wyoming Sides with Campaign Legal Center & Democracy 21, Rejects Latest Disclosure Challenge
Today, a federal court in Wyoming dealt another setback to groups challenging disclosure laws nationwide. Citing a “wall of precedent” upholding disclosure laws, U.S. District Judge Scott Skavdahl refused to preliminarily enjoin a number of FEC regulations and policies that implement the federal disclosure laws in Free Speech v. FEC. Specifically, Free Speech is challenging the “subpart (b)” definition of “expressly advocating” (11 C.F.R. § 100.22(b) and the FEC’s methodology for determining when a group has campaign activity as its “major purpose” – both crucial regulations in implementing the disclosure requirements applicable to about independent spending in federal elections.
The Campaign Legal Center, joined by Democracy 21, filed an amici brief in the case defending the disclosure regulations.
According to Democracy 21 President Fred Wertheimer:
Federal judges around the country continue to reject attempts to knock out campaign finance disclosure laws. As the federal judge in this case said in his ruling from the bench, there is a “wall of precedent” that supports campaign finance disclosure requirements.
The Supreme Court in the Citizens United decision by an 8 to 1 vote overwhelmingly upheld campaign finance disclosure requirements for outside spending groups.
Despite efforts by opponents to challenge campaign finance disclosure laws all over the country, the powerful precedent established by the Supreme Court is thwarting their efforts to keep the American people in the dark about who is providing and spending money to influence their votes.
Free Speech is just one case in a nationwide litigation campaign challenging state, local and federal disclosure laws applicable to both candidate elections and ballot referenda. It closely resembles another challenge to the FEC’s “subpart (b)” definition of “expressly advocating,” Real Truth About Abortion v. FEC, which was recently rejected by the Fourth Circuit Court of Appeals.
In March of this year, Free Speech submitted an advisory opinion request to the FEC proposing to run a series of attack ads and seeking to avoid registering as a political committee in order to hide the identities of its contributors. The Campaign Legal Center, joined by Democracy 21, filed comments with the FEC at the time urging the Commission to advise the organization “Free Speech” that many of its ads were “express advocacy,” and as a result, it would likely be required to register and report as a political committee.
The Campaign Legal Center and Democracy 21 were aided in this litigation by Larry B. Jones of Simpson, Kepler & Edwards, LLC, the Cody, Wyoming Division of Burg Simpson Eldredge Hersh & Jardine, P.C.
To read the minute order of the district court, click here.
To read the amici brief filed by the Campaign Legal Center and Democracy 21, click here.
