Challenge to Florida’s Political Disclosure Law Rejected by 11th Circuit


On May 17, 2012, the Eleventh Circuit Court of Appeals upheld Florida’s “electioneering communications” disclosure law in National Organization for Marriage (NOM) v. Sec. State of Florida in a per curiam decision.

The Florida statute under challenge requires groups to register and report as an “electioneering communications organization” if they make over $5,000 of electioneering communications in a calendar year.  In August 8, 2011, a Florida district court upheld the law, finding that the disclosure requirements were neither vague nor overbroad, and the Eleventh Circuit affirmed this decision.

“Although the Supreme Court strongly endorsed the value of political transparency in Citizens United, disclosure laws at both the federal and state levels remain under fire,” said Tara Malloy, Campaign Legal Center Senior Counsel.  “We are pleased to see the Eleventh Circuit joining the First and Ninth Circuits in supporting the comprehensive disclosure of independent campaign spending in the post-Citizens United era.”

The case is the latest in a series of constitutional challenges to disclosure laws across the country.  Currently, the laws of over a dozen states, as well as the federal disclosure requirements applicable to independent spending, are being litigated.

On December 15, 2011, the Campaign Legal Center filed an amicus brief with the Eleventh Circuit in support of Florida’s electioneering communications disclosure law.

To read the decision, click here.

To read the Campaign Legal Center brief, click here.