Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more ➡
Download
Standard view
Full view
of .
Add note
Save to My Library
Sync to mobile
Look up keyword
Like this
1Activity
×
0 of .
Results for:
No results containing your search query
P. 1
Galassini v. Town of Fountain Hills--Preliminary-injunction ruling

Galassini v. Town of Fountain Hills--Preliminary-injunction ruling

Ratings: (0)|Views: 722|Likes:
Federal judge enjoins campaign-finance laws that require grassroots advocates to register with the government before speaking.
Federal judge enjoins campaign-finance laws that require grassroots advocates to register with the government before speaking.

More info:

Categories:Business/Law
Published by: Institute for Justice on Nov 04, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See More
See less

11/04/2011

pdf

text

original

 
12345678910111213141516171819202122232425262728
WO
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF ARIZONADina Galassini,Plaintiff,vs.Town of Fountain Hills, Arizona; BevelynBender, in her official capacity as TownClerk of Fountain Hills, Arizona; AndrewMcGuire in his official capacity as TownAttorney of Fountain Hills, Arizona,Defendants.))))))))))))))))No. CV-11-02097-PHX-JAT
ORDER
Upon consideration of Plaintiff’s Motion for Preliminary Injunction (Doc. 4), andupon hearing evidence on November 3, 2011, the Court finds:
FINDINGS OF FACT
1. Plaintiff Dina Galassini is a United States citizen and a citizen of Arizona,residing in Fountain Hills, Arizona, in the County of Maricopa, within the jurisdiction of thisCourt.2. Defendant Town of Fountain Hills, Arizona is a municipality and politicalsubdivision of the State of Arizona.3.Defendant Bevelyn Bender is the Town Clerk for the Town of Fountain Hills,Arizona, an office created by A
RIZ
.
 
R
EV
.
 
S
TAT
.
 
A
NN
.
 
(“A.R.S.”) § 9-237 (2011). DefendantBender is sued in her official capacity as Maricopa County Recorder.
Case 2:11-cv-02097-JAT Document 33 Filed 11/03/11 Page 1 of 11
 
12345678910111213141516171819202122232425262728- 2 -3. Defendant Bender is the “filing officer” for the Town of Fountain Hills and isresponsible for the filing of campaign finance reports and other documentation for townballot issues.
See
A.R.S. § 16-902.01 (2011). Defendant Bender is responsible for notifyingthe town attorney if she has reasonable cause to believe that a person is violating thecampaign finance laws.
See
A.R.S. § 16-924 (2011).4. Defendant Andrew McGuire is the Town Attorney for the Town of FountainHills, Arizona. Defendant McGuire is sued in his official capacity as Town Attorney.5. Defendant McGuire has authority to serve orders of violations on those whoviolate the campaign finance laws with respect to local ballot measures and to assess civilpenalties for such violations.
See
A.R.S. § 16-924 (2011).6. The State of Arizona, through its Attorney General, is an intervenor in thisaction.7. Arizona Revised Statutes, Section 16.902.01(A) provides:Each political committee that intends to accept contributions ormake expenditures of 
more than five hundred dollars
shall filea statement of organization with the filing officer in the formatprescribed by the filing officer before accepting contributions,making expenditures, distributing any campaign literature orcirculating petitions. Each political committee that intends toaccept contributions or make expenditures of 
 five hundred dollars or less
shall file a signed exemption statement in a formprescribed by the filing officer that states that intention beforemaking any expenditures, accepting any contributions,distributing any campaign literature or circulating petitions. If a political committee that has filed a five hundred dollarthreshold exemption statement receives contributions or makesexpenditures of more than five hundred dollars, that politicalcommittee shall file a statement of organization with the filingofficer in the format prescribed by the filing officer within fivebusiness days after exceeding the five hundred dollar limit.A.R.S. § 16-902.01 (emphasis added).8.Arizona Revised Statutes, Section 16-901(19) defines “political committee”as follows:‘Political committee’ means a candidate or any association orcombination of persons that is organized, conducted orcombined for the purpose of influencing the result of anyelection or to determine whether an individual will become a
Case 2:11-cv-02097-JAT Document 33 Filed 11/03/11 Page 2 of 11
 
12345678910111213141516171819202122232425262728- 3 -candidate for election in this state or in any county, city, town,district or precinct in this state, that engages in political activityin behalf of or against a candidate for election or retention or insupport of or opposition to an initiative, referendum or recall orany other measure or proposition and that applies for a serialnumber and circulates petitions and, in the case of a candidatefor public office except those exempt pursuant to § 16-903, thatreceives contributions or makes expenditures in connectiontherewith, notwithstanding that the association or combinationof persons may be part of a larger association, combination of persons or sponsoring organization not primarily organized,conducted or combined for the purpose of influencing the resultof any election in this state or in any county, city, town orprecinct in this state.A.R.S. § 16-901(19).9.Arizona Revised Statutes, Section 16-901(8) defines “expenditures” asfollows:‘Expenditures’ includes any purchase, payment, distribution,loan, advance, deposit or gift of money or anything of valuemade by a person for the purpose of influencing an election inthis state including supporting or opposing the recall of a publicofficer or supporting or opposing the circulation of a petition fora ballot measure, question or proposition or the recall of a publicofficer and a contract, promise or agreement to make anexpenditure resulting in an extension of credit and the value of any in-kind contribution received . . .A.R.S. § 16-901(8).10.Arizona Revised Statutes, Section 16-901(3) defines “contribution” as follows:‘Contribution’ means any gift, subscription, loan, advance ordeposit of money or anything of value made for the purpose of influencing an election including supporting or opposing therecall of a public officer or supporting or opposing thecirculation of a petition for a ballot measure, question orproposition or recall of a public officer . . .A.R.S. § 16-901(3).11.Title 16 of the Arizona Revised Statutes contains the following requirementsfor political committees:A. “Each political committee must have a chairman and treasurer and thosepositions may not be held by the same individual.” A.R.S. § 16-902(A).B. “Before a political committee accepts a contribution or makes anexpenditure it shall designate . . . its campaign depository” and “shall notify the filing officer
Case 2:11-cv-02097-JAT Document 33 Filed 11/03/11 Page 3 of 11

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->