Articles Posted in U.S. Court of Appeals for the Eleventh Circuit

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In 2010, Alabama made changes to its election law that impacted the ADC’s ability to raise and spend money in state elections. The ADC filed suit challenging Alabama Code 17-5-15(b) (the PAC-to-PAC transfer ban), which limited the ADC's fundraising abilities. On appeal, the ADC challenges the district court's final judgment in favor of the State, arguing that the PAC-to-PAC transfer ban is unconstitutional as applied because the ban violates the ADC’s First Amendment right to make independent expenditures. The court concluded that the State’s proffered interest in transparency ties into its interest in preventing corruption to justify regulating transfers between PACs. The court also concluded that the PAC-to-PAC transfer ban as applied to the ADC is sufficiently closely drawn to avoid unnecessary abridgment of associational freedoms. The ban had met the less rigorous "closely drawn" standard by being narrowly tailored to achieve Alabama's desired objective in preventing quid pro quo corruption (or its appearance) as applied to the ADC in this case. Accordingly, the court affirmed the district court's finding on the merits that the ban is constitutional as applied to ADC. View "The Alabama Democratic Conference v. Attorney General, State of Alabama" on Justia Law