Iowa Right To Life Committee v. Tooker, et al., No. 12-1605 (8th Cir. 2013)
Annotate this CaseIRTL challenged the constitutionality of several Iowa campaign-finance laws, an administrative rule, and two forms. The court concluded, inter alia, that IRTL lacked standing to challenge the definitions of "political committee" and "permanent organization" because it faced no credible threat or present or future prosecution; the first two sentences of Iowa Code subsection 68A.404(3), the second sentence of subsection 68A.404(3)(a), the entirety of subsection 68A.404(4)(a), the first and third sentences of Iowa Administrative Code rule 351-4.9(15), and Form Ind-Exp-O were constitutional as applied to IRTL and groups whose major purpose was not nominating or electing candidates; the first and third sentences of subsection 68A.404(3)(a), the second sentence of Iowa Administrative Code rule 351-4.9(15), the entirety of subsections 68A.404(3)(a)(1) and 68A.402B(3), and Form Dr-3 were unconstitutional as applied to IRTL and groups whose major purpose was not nominating or electing candidates; and Iowa Code section 68A.503 was constitutional under the First and Fourteenth Amendments. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings.
Court Description: Civil case - Campaign Financing. Please see the opinion text for further details of the court's ruling in this challenge to the constitutionality of several Iowa campaign-finance laws, an administrative rule and two related forms. Plaintiff lacked standing to challenge the definitions under Iowa Code subsections 96A.102(18) and 68A.402(9); certain provisions of statutory sections, an Iowa Code Administrative rule and Form Ind-Exp-O are constitutional as applied to plaintiff and groups whose major purpose is not nominating or electing candidates, while other sentences of the statute, rule and Form DR-3 are unconstitutional as applied to plaintiff and such groups; Iowa Code section 68A.503 is constitutional under the First and Fourteenth Amendments; plaintiff has standing to challenge under the First Amendment Iowa Code subsections 68A.404(2)(a-b) and 68.404(5)(g); plaintiff has standing to challenge under the Fourteenth Amendment whether those sections impose content-based restrictions that violate its right to equal protection; Subsections 68A.404(2)(a-b) are constitutional under the Equal Protection Clause insofar as they do not differentiate between similarly situated speakers; the clause "of the corporation" in Iowa Code subsections 68A.404(5)(g) and the clause "if the organization making the expenditure is a corporation" in Form Ind-Exp-O are unconstitutional under the Fourteenth Amendment. On remand, the district court should consider severability. Judge Melloy, concurring.
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