Minnesota Citizens Concerned for Life, Inc. v. Swanson

640 F.3d 304, 2011 U.S. App. LEXIS 9921, 2011 WL 1833236
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 16, 2011
Docket10-3126
StatusPublished
Cited by18 cases

This text of 640 F.3d 304 (Minnesota Citizens Concerned for Life, Inc. v. Swanson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minnesota Citizens Concerned for Life, Inc. v. Swanson, 640 F.3d 304, 2011 U.S. App. LEXIS 9921, 2011 WL 1833236 (8th Cir. 2011).

Opinions

MELLOY, Circuit Judge.

Minnesota Citizens Concerned for Life, Inc., The Taxpayers League of Minnesota, and Coastal Travel Enterprises, LLC, (collectively “Minnesota Citizens”) are Minnesota corporations challenging several provisions of Minnesota’s corporate election laws. Specifically, Minnesota Citizens seeks to invalidate (1) Minnesota’s ban on [308]*308corporations making direct contributions to candidates and political parties and (2) Minnesota’s regulation of how corporations may make independent expenditures, as defined in the next section. Minnesota Citizens brings this challenge in response to the Supreme Court’s recent decision in Citizens United v. Federal Election Commission, — U.S.-, 130 S.Ct. 876, 175 L.Ed.2d 753 (2010). At the outset of the proceeding below, Minnesota Citizens moved for a preliminary injunction. The district court1 denied the motion, and Minnesota Citizens appeals this denial. We affirm.

I.

The First Amendment provides in part that “Congress shall make no law ... abridging the freedom of speech.” Interpreting this provision, the Supreme Court in Citizens United overruled its prior precedent and held that the government may not ban corporations from making independent expenditures, that is, “political speech presented to the electorate that is not coordinated with a candidate,” advocating the election or defeat of a candidate. 130 S.Ct. at 910, 913. The Supreme Court further held that the government may not force corporations wishing to make independent expenditures to speak through “separate segregated fund[s],” known as political action committees (“PACs”), at least where the PACs are “separate association[s] from the corporation” and where the PACs are subject to “burdensome” regulations. Id. at 897. The Supreme Court, however, upheld a federal disclaimer and disclosure law at issue and did not expressly overrule its prior precedent allowing the government to prohibit direct corporate contributions to candidates and other entities, like political parties, that work in conjunction with candidates. Id. at 886, 917.

In response, Minnesota amended portions of its election laws. Minnesota retained a longstanding prohibition on direct corporate contributions to candidates and affiliated entities. Minn.Stat. § 211B.15, subdiv. 2. At most, according to Minnesota Citizens, Minnesota permits corporations to establish conduit funds to which others may contribute. See id. subdiv. 16. In contrast, Minnesota amended its regulations on corporate independent expenditures and created two means by which corporations could make such expenditures. Id., subdiv. 3; Minn.Stat. § 10A. 12, subdiv. la. Minnesota first defined an independent expenditure as:

an expenditure expressly advocating the election or defeat of a clearly identified candidate, if the expenditure is made without the express or implied consent, authorization, or cooperation of, and not in concert with or at the request or suggestion of, any candidate or any candidate’s principal campaign committee or agent.

Minn Stat. § 10A.01, subdiv. 18. Minnesota then required corporations wishing to make such expenditures to either “form[] and register[ ] an independent expenditure political fund if the expenditure is in excess of $100 or [contribute to an] existing independent expenditure political committee or political fund.” Id. § 10A.12, sub-div. la; see also Minn.Stat. § 211B.15, subdiv. 3.

If a corporation chooses to establish a political fund, then the corporation and its political fund are subject to a series of statutory requirements. Under the re[309]*309vised Minnesota law, the corporation must first appoint a treasurer for the political fund, and the treasurer must then register the fund within fourteen days by filling out a two-page form disclosing, among other things, a listing of all of the fund’s depositories and the names and addresses of the fund, treasurer, and any deputy treasurers. Id. §§ 10A.12, subdiv. 3, 10A.14, subdivs. 1, 2. The political fund must also segregate its funds from any other funds. Id. § 10A.12, subdiv. 2. If a corporation is the sole donor to its fund, a corporation can segregate funds with an internal bookkeeping device, such as a spreadsheet. Once established, the political fund must further file periodic, detailed reports. As the district court explained:

The fund must file five reports during a general-election year and one report during a non-general-election year. Minn.Stat. § 10A.20. The report must disclose the amount of liquid assets at the beginning of a reporting period; the name and address of each individual or association whose contributions within the year exceed $100; the amount and date of such contributions; the sum of contributions during the reporting period; each loan made or received that exceeds $100; the name and address of the lender; receipts over $100 during the reporting period not otherwise listed; the sum of those receipts; the name and address of each individual or association to whom the reporting entity made expenditures within the year exceeding $100; the sum of all expenditures made by the reporting entity during the reporting period; the name and address of each political committee, political fund, principal campaign committee, or party unit to which contributions in excess of $100 were made; the sum of all contributions; the amount and nature of any advance of credit incurred; the name and address of each individual or association to whom noncampaign disbursements have been made that aggregate in excess of $100 and the purpose of each noncampaign disbursement; the sum of all noncampaign disbursements; and the name and address of a nonprofit corporation that provides administrative assistance to the political committee or political fund. MinmStat. § 10A.20.

Moreover, the treasurer for a political fund must keep certain records and make them available for an audit. Id. § 10A.13. Finally, if a political fund wants to dissolve, then it must settle its debts, dispose of its remaining assets, and file a termination report. Id. § 10A.24. One method in which a political fund can dispose of its assets is by returning contributions to their sources. Id. § 211B.12; § 10A.01, subdiv. 26(2).

If, on the other hand, a corporation chooses to contribute to an existing political fund, then the corporation is subject to fewer statutory requirements. A for-profit corporation need only provide its name and address for contributions made from its general treasury. A non-profit corporation, by contrast, would also need to disclose information regarding the underlying source of the contribution if the corporation contributed more than $5,000 to a political fund or committee. Similarly, a corporation that solicits and receives contributions for a political fund must disclose the source of the contributions.

In this case, appellants are three Minnesota corporations seeking to advance their respective social and commercial interests. Minnesota Citizens Concerned for Life is a non-profit corporation seeking to “secure protections for innocent human life from conception until natural death through effective education, legislation, and political action.” The Taxpayer League of Minnesota is a non-profit corporation advocating for “lower taxes, limited government, and [310]

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Cite This Page — Counsel Stack

Bluebook (online)
640 F.3d 304, 2011 U.S. App. LEXIS 9921, 2011 WL 1833236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minnesota-citizens-concerned-for-life-inc-v-swanson-ca8-2011.