Iowa Right to Life Committee, Inc. v. Tooker

808 N.W.2d 417, 2011 WL 6848483, 2011 Iowa Sup. LEXIS 108
CourtSupreme Court of Iowa
DecidedDecember 30, 2011
DocketNo. 11-1068
StatusPublished
Cited by15 cases

This text of 808 N.W.2d 417 (Iowa Right to Life Committee, Inc. v. Tooker) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Iowa Right to Life Committee, Inc. v. Tooker, 808 N.W.2d 417, 2011 WL 6848483, 2011 Iowa Sup. LEXIS 108 (iowa 2011).

Opinion

MANSFIELD, Justice.

We have been asked to answer two certified questions of law in a federal case brought by Iowa Right to Life Committee, Inc. (IRTL) challenging the constitutionality of Iowa’s campaign finance laws. The nub of the matter is whether a corporation must form a “political committee” under Iowa law if it wants to spend more than seven hundred fifty dollars advocating the election or defeat of Iowa candidates. Although Iowa’s laws are not entirely clear (which explains the federal court’s decision to certify), we conclude a corporation like IRTL may engage in express advocacy without forming a political committee.

The certified questions are as follows:

1. If a corporation that has not previously registered as a political committee makes independent expenditures aggregating over $750 in a calendar year, does that corporation become, by virtue of such expenditures: (1) an “independent expenditure committee,” as that term is defined in Iowa Admin. Code r. 351— 4.1(l)(d); (2) a “political committee,” as that term is defined by Iowa Code § 68A.102(18); or both?
2. If a corporation that has not previously registered as a political committee and that “was originally organized for purposes other than engaging in election activities” makes independent expenditures aggregating over $750 in a calendar year, does that corporation become, by virtue of such expenditures, a “pei’manent organization” pursuant to Iowa Code § 68A.402(9)?

For the reasons discussed herein, we answer the questions as follows:

1. An independent expenditure committee.
2. No.

I. Factual Background and Procedural History.

According to its federal court complaint, IRTL is a nonprofit, nonstock Iowa corporation and the largest pro-life organization in Iowa. IRTL is exempt from federal taxes as a social welfare organization. 26 U.S.C. § 501(c)(4) (2006). IRTL alleges that its primary purpose is to “present factual information upon which individuals may make an informed decision about the various topics of fetal development, abortion, and alternatives to abortion, euthanasia, infanticide and prevention of cruelty to children.” IRTL’s major purpose “is not and never will be the nomination or election of candidates.”

Nonetheless, in the wake of the U.S. Supreme Court’s Citizens United decision holding that corporations have a First Amendment right to make independent ex[419]*419penditures expressly advocating the election or defeat of candidates,1 IRTL seeks to make independent expenditures in Iowa to support candidates “who it believes will fight to protect issues that are important to its organization, such as protecting life.”

IRTL alleges that it is unconstitutionally chilled from making such expenditures “due to the burdens imposed by [Iowa’s laws and regulations] ... and the potential civil and criminal penalties for violating the challenged provisions.” Among other things, IRTL alleges that if it made these kinds of expenditures, it would become a political committee (or PAC) under Iowa law, resulting in “onerous registration, reporting, and dissolution requirements.”

On September 7, 2010, IRTL filed a four-count verified complaint in the United States District Court for the Southern District of Iowa. It named as defendants the executive director and the board members of the Iowa Ethics and Campaign Disclosure Board (Board).2 Count I — the count at issue here — challenged Iowa Code sections 68A.102(18) and 68A.402(9) (2011), alleging they unconstitutionally imposed PAC status on corporations “whose major purpose is something other than nominating or electing candidates.” Other counts (II-IV) attacked various Iowa statutes and administrative rules regarding the registration, reporting, and termination requirements for independent expenditure committees; Iowa’s ban on corporate contributions to candidates and committees; and a newly enacted Iowa requirement that corporations making independent campaign expenditures obtain prior board of director approval for those expenditures.

IRTL initially filed a motion for preliminary injunction, which was denied by the district court on October 20, 2010. Iowa Right to Life Comm., Inc. v. Smithson, 750 F.Supp.2d 1020, 1049 (S.D.Iowa 2010). Both sides then moved for summary judgment. On June 29, 2011, the district court granted summary judgment for the Board on all counts except Count I. Iowa Right to Life Comm., Inc. v. Tooker, 795 F.Supp.2d 852, 873 (S.D.Iowa 2011).

The district court reserved ruling on Count I because it had doubts about the proper interpretation of Iowa’s election laws. Id. at 861-62. In particular, the court questioned the premise of IRTL’s constitutional challenge, namely that IRTL would be deemed a “political committee” or PAC under sections 68A.102(18) and 68A.402(9) if it made independent campaign expenditures. Id. To eliminate its uncertainty about the proper interpretation of Iowa law, the district court certified the aforementioned two questions to this court. Id. at 862.

II. Analysis.

A. Pre-Citizens United Statutory Background. Before we turn to the certified questions themselves, some historical background is appropriate. As this background reveals, as of January 2010, when Citizens United was decided, Iowa had (1) a ban on corporate expenditures in candidate elections dating back to 1975, (2) a definition of “political committee” that also went back to 1975 and had gone through several permutations, (3) a 1983 decision of this court holding that a nonprofit corporation engaged in a ballot issue campaign could be deemed a “political committee,” and (4) a separate set of provisions that [420]*420first entered the Iowa Code in 1994 and had undergone later modification allowing persons and entities to make and report “independent expenditures” in some circumstances without forming “political committees.”

Our story begins in 1907. In March of that year, Iowa enacted a ban on corporate contributions to political campaigns. It provided:

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Related

Iowa Right To Life Committee v. Megan Tooker
717 F.3d 576 (Eighth Circuit, 2013)
State of Iowa v. Iowa District Court for Warren County
828 N.W.2d 607 (Supreme Court of Iowa, 2013)
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844 F. Supp. 2d 946 (S.D. Iowa, 2012)
United States v. Canfield
273 F. App'x 565 (Seventh Circuit, 2008)
Dearborn Fabricating & Engineering Corp. v. Wickham
551 N.E.2d 1135 (Indiana Supreme Court, 1990)

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Bluebook (online)
808 N.W.2d 417, 2011 WL 6848483, 2011 Iowa Sup. LEXIS 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iowa-right-to-life-committee-inc-v-tooker-iowa-2011.