Thursday, August 8, 2013

Judge rules cap on contributions to Independent PACs unconstitutional


CHARLESTON, W.Va.West Virginia laws that cap donations to independent political action committees at $1,000 have been ruled unconstitutional by a federal judge.
The order was signed by U.S. District Judge Thomas Johnston Tuesday.
“The Supreme Court has ruled that unlimited contributions to independent committees do not corrupt our elections. I strongly disagree. However, it is still the law of the land,” said Secretary of State Natalie Tennant in a statement released Tuesday on the ruling.
The order concludes a lawsuit that was filed against Tennant last year by the Stay the Course PAC, as well as corporate and individual contributors who sought to contribute more than $1,000 to the PAC.
The lawsuit challenged the constitutionality of West Virginia’s restriction on the amount that could be contributed by an individual or a corporation to a political action committee.
Tennant and PAC Stay the Course West Virginia proposed the order last week. Tennant agreed not to enforce state laws that limit the contributions.
In her statement, Tennant said it was time to end the battle in this case.
“Upon consultation with attorneys from the Secretary of State’s Office and Attorney General’s Office I have come to the conclusion that it is in the best interest of West Virginia taxpayers to cease contesting this lawsuit,” said Tennant in the statement.
Independent PACs spend their money without any input from a candidate or a candidate’s committee or political party. Stay the Course sees itself as an independent PAC, which means it is not affiliated with any candidate, candidate’s committee, corporation, membership organization or political party.
Judge Johnston granted a preliminary injunction August 9, 2012, which stopped enforcement of the $1,000 contribution limit imposed by the state laws.
The injunction came shortly after the U.S. Supreme Court’s Citizens United decision that said it was a violation of the rights of free speech to limit corporate and labor union campaign contributions.
“To continue to press what is an unwinnable position will do nothing but run up the tab for which the state will be responsible and which will not result in the overturning of ‘Citizens United,’” stated Tennant.
However, Tennant reassured West Virginia voters and candidates that the decision to end this battle, does not mean she is done fighting for fair elections in the state.
West Virginia can rest assured that I am still fighting to protect our elections and will investigate any and all allegations of election law violation,” said Tennant in her release.