Several North Carolina Campaign Finance Laws Struck Down

On March 29, a U.S. District Court in North Carolina ruled that several North Carolina campaign finance laws are unconstitutional. North Carolina Right to Life v Leake, 5:99-cv-798, e.d.

The Court struck down a law that required North Carolina Right to Life to register as a “campaign committee,” because it is a corporation and the state felt that it was spending money to support or oppose the nomination or election of one or more clearly identified candidates. NCRTL argued that its expenditures were not for the purpose of supporting or opposing any specific candidate; instead NCRTL said its advertising was to advocate its own ideas. The Court found the North Carolina law to be unconstitutionally vague. The state law said that speech should be judged by its “essential nature” and made reference to whether a “reasonable person” would think the speech either did, or did not, advocate voting in a particular way.

The Court also struck another part of the definition of “campaign committee”, that it be deemed to have the purpose of being a campaign committee if it spent more than $3,000 in political advertising during an election cycle.


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