Corren v. Condos

898 F.3d 209
CourtCourt of Appeals for the Second Circuit
DecidedJuly 31, 2018
DocketDocket No. 17-1343; August Term, 2017
StatusPublished
Cited by7 cases

This text of 898 F.3d 209 (Corren v. Condos) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corren v. Condos, 898 F.3d 209 (2d Cir. 2018).

Opinion

Katzmann, Chief Judge:

This appeal requires us to decide whether Vermont's campaign finance law, Vt. Stat. Ann. tit. 17, §§ 2901 et seq. , which imposes additional restrictions on candidates who choose to receive public campaign finance grants, violates the First Amendment of the United States Constitution.

Appellants are several former and prospective candidates for Vermont Lieutenant Governor, as well as the Vermont Progressive Party. They brought this action under 42 U.S.C. § 1983, asserting that provisions of Vermont's "Public Financing Option," Vt. Stat. Ann. tit. 17, §§ 2981 - 2986 (the "Option"), violate the First Amendment and seeking declaratory and injunctive relief. In particular, appellants challenged provisions that prohibit publicly financed candidates ("PFCs") from (1) accepting more than a specified amount of campaign contributions, which are defined to include (with some exceptions) expenditures made by political parties in coordination with those candidates; (2) expending funds beyond the total amount of the public grants; and (3) announcing their candidacies or raising or expending more than a specified amount of funds before February 15 of an election year.

The district court (Sessions, J. ) dismissed all of appellants' claims for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) and denied appellants'

*213motion for reconsideration and for attorney's fees under 42 U.S.C. § 1988(b). Appellants mainly argue on appeal that the district court erred in upholding the challenged restrictions because those restrictions unfairly and unjustifiably burden the speech and associational rights of PFCs, their supporters, and political parties. However, because a candidate may freely choose whether to accept public funds and the conditions thereon in lieu of unlimited private fundraising, and presumably will make that choice only if she believes that doing so will expand her powers of speech and association, she cannot complain that those conditions burden her rights. Nor can the candidate's supporters and any political party with which she is affiliated complain that the limitations resulting from the candidate's voluntary choice burden their own rights. Thus, appellants' constitutional claims were properly dismissed. In addition, the district court correctly concluded that appellants were not prevailing parties eligible to receive attorney's fees. We therefore AFFIRM the judgment of the district court.

BACKGROUND

I. Vermont's Campaign Finance Law

In 1997, in an effort to lessen the influence of money in politics, the State of Vermont enacted a stringent campaign finance law. See An Act Relating to Public Financing of Election Campaigns, Disclosure Requirements and Limits on Campaign Contributions and Expenditures, 1997 Vt. Acts & Resolves 490 (codified at Vt. Stat. Ann. tit. 17, §§ 2801 et seq. ) (repealed 2014) ("Act 64"). Act 64 imposed caps on the total expenditures that each candidate could make during an election cycle, as well as tight limits on the amount of contributions that a candidate could accept from a single individual or organization. See id. at 497-99. It also established a system of public election financing. See id. at 491-95. Yet Act 64's regime was short-lived: in 2006, the Supreme Court invalidated much of the law, holding that its limits on expenditures and contributions were unconstitutionally restrictive. Randall v. Sorrell , 548 U.S. 230, 236, 126 S.Ct. 2479, 165 L.Ed.2d 482 (2006) (plurality opinion). Randall did not, however, pass upon the validity of the public financing system. Id. at 239, 126 S.Ct. 2479.

In 2014, Vermont repealed Act 64 and enacted a revised campaign finance law, see An Act Relating to Campaign Finance Law, 2014 Vt. Acts & Resolves 1 (codified at Vt. Stat. Ann. tit. 17, §§ 2901 et seq. ) ("Act 90" or "the Act"), which loosened some of the restrictions that the Supreme Court held unconstitutional in Randall . The Act wholly dispenses with across-the-board limits on the total expenditures that candidates can make during an election cycle, whereas it still imposes limits, albeit less stringent ones, on the amounts of contributions that a candidate may accept from particular sources. See Vt. Stat.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Upstate Jobs Party v. Kosinksi
106 F.4th 232 (Second Circuit, 2024)
Markley v. State Elections Enforcement Commission
349 Conn. 67 (Supreme Court of Connecticut, 2024)
Lipkin v. George
D. Connecticut, 2024
Pasquale Deon, Sr. v. David Barasch
960 F.3d 152 (Third Circuit, 2020)
United States v. Wright
937 F.3d 8 (First Circuit, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
898 F.3d 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corren-v-condos-ca2-2018.