Wisconsin Right to Life (WRTL) v. Deininger

At a Glance

On August 5, 2010, plaintiffs filed a sweeping lawsuit challenging numerous aspects of Wisconsin campaign finance law, included the state’s definition of “political committee” and various disclosure and reporting requirements applicable to “independent expenditure organizations.” In 2014, a Seventh Circuit panel struck down much of the “dizzying array of statutes and rules” under challenge...

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Campaign Finance
About This Case/Action

On August 5, 2010, plaintiffs filed a sweeping lawsuit challenging numerous aspects of Wisconsin campaign finance law, included the state’s definition of “political committee” and various disclosure and reporting requirements applicable to “independent expenditure organizations.” In 2014, a Seventh Circuit panel struck down much of the “dizzying array of statutes and rules” under challenge. Specifically, the decision invalidated Wisconsin’s ban on corporate political spending and its cap on corporate fundraising for an unaffiliated PAC; its definitions of “political purposes” and “political committee” as they applied to non-express advocacy political speech made by entities other than candidates, their campaign committees, and political parties; its imposition of “PAC-like” obligations on groups making independent disbursements, as applied to organizations without the major purpose of express advocacy; and its treatment of communications mentioning candidates during the 30/60-day preelection period as “fully regulable” express advocacy subject to disclosure and reporting requirements.

Plaintiffs

Wisconsin Right to Life (WRTL)

Defendant

Deininger

Illinois’ Contribution Limits Upheld by 7th Circuit Court of Appeals

Date
Body

Today, the U.S. Court of Appeals for the Seventh Circuit refused to enjoin Illinois’ state contribution limits and affirmed a recent district court decision denying suchan injunction in Illinois Liberty PAC (ILP) v. Madigan. The Legal Center, Chicago Appleseed and the Illinois Campaign for Political Reform filed an amici curiaebrief defending the state’s contribution limits with the assistance of local counsel David R. Melton and Thomas Rosenwein.

Illinois Liberty PAC challenges the state’s $50,000 limit on PAC contributions to candidates, its $5,000 limit on contributions from individuals to candidates, and its $10,000 limit on contributions from individuals to a PAC, claiming these limits violate their First and Fourteenth Amendment rights to free speech and freedom of association. Under federal law, PACs may contribute only $5,000 to candidates, a mere tenth of the challenged Illinois cap. And while Illinois law permits individuals to contribute up to $5,000 to candidates and $10,000 to PACs, the Supreme Court has upheld much lower state contribution limits ranging from $275 to $1,075.

“The Court’s order today makes clear the flimsiness of Illinois Liberty PAC’s challenge to Illinois’ contribution limits—limits that are equal to, and in some instances far greater than, federal and state law limits that have been upheld by the Supreme Court,” said Paul S. Ryan, Legal Center Senior Counsel. “The Supreme Court has long held that contribution limits serve the government’s compelling interest in preventing corruption. Recent scandals and jail sentences for sitting Governors have shown that Illinois has a very compelling interest indeed in preventing corruption.” 

On October 5, 2012, the U.S. District Court for the Northern District of Illinois denied Illinois Liberty PAC’s motion for preliminary injunction.  The Legal Center previously filed a brief in the case in the district court.

To read the Court of Appeals’ order, click here.

To read the Campaign Legal Center’s brief, click here.

To read the U.S. District Court’s memorandum opinion and order, click here. 

 

Issues
Campaign Finance
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