Justia Election Law Opinion Summaries

Articles Posted in US Court of Appeals for the Second Circuit

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Vermont's campaign finance law, Vt. Stat. Ann. tit. 17, 2901 et seq., which imposes additional restrictions on candidates who choose to receive public campaign finance grants, did not violate the First Amendment. Former and prospective candidates for public office in Vermont and a political party filed suit challenging provisions that prohibit publicly financed candidates from accepting contributions or making expenditures beyond the amount of the grants and announcing their candidacies or raising or expending substantial funds before a certain date. The Second Circuit affirmed the district court's dismissal of the candidates' claims for failure to state a claim and held that, because candidates may freely choose either to accept public campaign funds and the limitations thereon or to engage in unlimited private fundraising, those limitations did not violate First Amendment rights. The court also found that the candidates were not entitled to a fee award because they could not be considered prevailing parties. View "Corren v. Donovan" on Justia Law

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Citizens United filed suit challenging the regulations promulgated by the Attorney General's office that required non-profit organizations to disclose their donors on a yearly basis. The Second Circuit affirmed the district court's dismissal of all claims, except the due process claim, for failure to state a claim. The court found that the mere requirement on a tax‐exempt organization to disclose its donor list to a state's authority charged with regulating non‐profits did not impermissibly chill speech or assembly rights. Furthermore, it did not operate as a prior restraint on non‐profits' solicitation of donations. Finally, the court reversed the dismissal of the due process claim for lack of ripeness and remanded so that the claim could be dismissed with prejudice for failure to state a valid claim. View "Citizens United v. Schneiderman" on Justia Law

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Citizens United filed suit challenging the regulations promulgated by the Attorney General's office that required non-profit organizations to disclose their donors on a yearly basis. The Second Circuit affirmed the district court's dismissal of all claims, except the due process claim, for failure to state a claim. The court found that the mere requirement on a tax‐exempt organization to disclose its donor list to a state's authority charged with regulating non‐profits did not impermissibly chill speech or assembly rights. Furthermore, it did not operate as a prior restraint on non‐profits' solicitation of donations. Finally, the court reversed the dismissal of the due process claim for lack of ripeness and remanded so that the claim could be dismissed with prejudice for failure to state a valid claim. View "Citizens United v. Schneiderman" on Justia Law