Limits on Donations To Political Groups Set Aside

Just in time for the 2012 elections in New Mexico: a weakening of the state law limiting the size of contributions to political committees, including political parties.

The state Republican Party and its allies have gotten some — but not all — of what they are seeking in a legal challenge to new caps on donations to and from political committees.

Under a federal judge’s ruling filed last week, the sky is again the limit when it comes to contributions to political committees as long as the money is to be spent independently of state and local candidates or in support of candidates for federal office.

Caps remain in place for donations made to political committees when the money is going to be spent in coordination with candidates.

Secretary of State Dianna Duran and state District Attorney Amy Orlando of Las Cruces, both Republicans, are defendants in the case brought by the GOP but essentially threw in the towel.

Duran’s duties include implementing the ceilings on campaign contributions, and Orlando’s duties include enforcing them.

James Bopp, a conservative lawyer from Indiana who brought the landmark Citizens United case, is among the attorneys representing the New Mexico GOP and its allies.

In the Citizens United case, the U.S. Supreme Court ruled two years ago that corporations have free speech rights and struck down a federal law that banned corporations from using their general treasury funds for expenditures on campaigns that are made independent of candidates. The ruling also freed labor unions to spend what they want.

State Attorney General Gary King, a Democrat whose duties include defending the government, is another defendant in the case brought by the state GOP and is trying to fend off the challenge to the contribution limits.

Under a law that was passed by the Legislature in 2009 but didn’t take effect until last November, there is a $10,000 limit per election cycle on contributions by an individual or other entity to a political committee, donations by a political committee to a candidate and contributions made by one political committee to another.

(The law also caps what individuals or other entities can give to a candidate, but that part of the statute isn’t being challenged.)

The state Republican Party, two GOP members of the Legislature, two conservative political action committees and others filed a lawsuit over the contribution limits in October in U.S. District Court.

The lawsuit says the caps restrict free speech and association rights in violation of the First Amendment.

In a ruling filed Jan. 5, Judge William P. Johnson issued a preliminary injunction in favor of the GOP.

Johnson barred the state from enforcing the limits on contributions to political committees when the donations are to be used for expenditures made independently of candidates.

That part of the ruling was expected, given the Citizens United decision and a ruling by a federal appeals court in 2010 that it is unconstitutional to limit contributions to PACs that make only independent expenditures.

Johnson also said the state couldn’t enforce the limits for contributions when the donations are to be used in support of candidates for federal office. Federal law trumps state law in that regard.

But the judge refused to block the state’s enforcement of the contribution limits as they apply to other donations made by an individual or other entity to a political party or by a political party to a candidate for state or local office.

Johnson rejected the argument that corruption of candidates isn’t possible if the GOP serves as the conduit for money flowing from contributors and candidates.

“The Supreme Court has held that the government’s interest in preventing quid pro quo corruption or the appearance thereof is the only interest strong enough to justify contribution limits,” the judge wrote.

To issue the preliminary injunction, Johnson had to find that the GOP was likely to succeed in the lawsuit if the case were to go to trial.

Duran and Orlando had filed a document with the court agreeing to the preliminary injunction, saying an injunction appeared to be in the public interest.

A spokesman for Duran said the secretary of state agreed to the injunction on advice of her attorney.

Under state law, a political committee is a group that is operated primarily for a political purpose, and such committees are required to disclose their donations and expenditures.

In 2009, a federal judge sided with two left-leaning nonprofit groups in their fight against being forced by the state to register as political committees and disclose their finances.

The groups sent out election-year fliers criticizing state legislators for their voting records, but the mailings didn’t mention the election or ask constituents to vote against the lawmakers.

A federal appeals court upheld the judge’s ruling in favor of the nonprofits, saying the organizations didn’t meet the legal definition of being operated primarily for a political purpose.

UpFront is a daily front-page news and opinion column. Comment directly to Thom Cole at tcole@abqjournal.com or 505-992-6280 in Santa Fe. Go to www.abqjournal.com/letters/new to submit a letter to the editor.
— This article appeared on page A1 of the Albuquerque Journal