North Carolina Right to Life, Inc. v. Leake

344 F.3d 418, 2003 WL 22180445
CourtCourt of Appeals for the Fourth Circuit
DecidedSeptember 23, 2003
Docket02-2052, 02-2053
StatusPublished
Cited by6 cases

This text of 344 F.3d 418 (North Carolina Right to Life, Inc. v. Leake) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
North Carolina Right to Life, Inc. v. Leake, 344 F.3d 418, 2003 WL 22180445 (4th Cir. 2003).

Opinions

Affirmed in part and reversed in part by published opinion. Judge BULLOCK wrote the opinion, in which Judge WIDENER joined. Judge MICHAEL wrote an opinion concurring in part and dissenting in part.

OPINION

BULLOCK, District Judge:

Appellees North Carolina Right to Life, Inc. (“NCRL”), North Carolina Right to Life Political Action Committee (“NCRLPAC”), and North Carolina Right to Life Committee Fund for Independent Political Expenditures (“NCRLC-FIPE”) filed suit in federal court challenging the constitutionality of certain provisions of North Carolina’s election and campaign finance laws. In a mixed result for both sides, the district court declared certain of the challenged provisions unconstitutional and permanently enjoined the State of North Carolina from enforcing those provisions. Both sides now appeal. For the reasons that follow, we affirm in part and reverse in part.

I.

NCRL is a non-profit, membership corporation, incorporated in North Carolina, with local chapters throughout the State. According to NCRL, its major purpose is not the nomination or election of candidates, but rather to educate North Caro-[421]*421linians regarding pro-life issues. NCRLPAC is an internal political committee established by NCRL to engage in express advocacy consistent with the views of NCRL. NCRLPAC’s primary purpose is to support or oppose specific candidates and political parties. NCRLC-FIPE is also an internal political action committee created by NCRL. Its sole purpose is to make independent expenditures and it may not make monetary or in-kind contributions to candidates.

This action is the sequel to litigation that was commenced in 1996, in which NCRL successfully challenged certain provisions of the North Carolina campaign finance laws. See North Carolina Right to Life, Inc. v. Bartlett, 168 F.3d 706 (4th Cir.1999) (“NCRL I”). Responding to this court’s decision, the North Carolina General Assembly adopted legislation that amended, deleted, and added campaign finance statutes. Following these legislative changes, NCRL filed this suit again challenging as facially unconstitutional certain provisions of these statutes.

First, NCRL chahenged the provision setting forth the method for determining whether a communication supports or opposes the nomination or election of a particular candidate. N.C.- Gen.Stat. § 163— 278.14A(a)(2) (2001).. NCRL argued that the statute unconstitutionally regulates issue advocacy. Second, NCRL challenged North Carolina’s definition of political committee on the ground that it unconstitutionally presumes that an entity has as a major purpose to support or oppose á candidate when an entity contributes or expends more than $3,000.00 during an election cycle. Id. § 163-278.6(14). Third, NCRL challenged the $4,000.00 contribution limit to independent expenditure political action committees on the ground that such contributions do not present the risk of quid pro quo corruption or its appearance. Id. § 163-278.13. Fourth, NCRL challenged the provision requiring that entities making expenditures on printed material or advertisements that name candidates to report such expenditures. Id. § 163-278.12A. Finally, NCRL challenged the requirement that a sponsor must provide. a disclaimer of support or opposition for a candidate in its advertisements. Id. § 163-278.39(a)(3).

NCRL and the State filed cross motions for summary judgment pursuant to Federal Rule of Civil Procedure 66. On October 24, 2001, the district court granted summary judgment for NCRL on two of the three primary statutory provisions at issue and enjoined their enforcement. As to Section 163-278.14A(a)(2), the district court held that the provision impermissibly broadened the scope of “express advocacy” as defined by the Supreme Court in Buckley v. Valeo, 424 U.S. 1, 96 S.Ct. 612, 46 L.Ed.2d 659 (1976). Section 163-278.14A(a)(2), according to the district court, is unconstitutional because it “does not limit the scope of ‘express advocacy’ to communications that literally include words that, in and of themselves, advocate the election or defeat of a candidate, as was required in Buckley.” (J.A. at 183-84.) With regard to Section 163-278.6(14), which incorporates Section 163-278.14A, the district court held in an amended order that if could be read constitutionally provided Section 163-278.14A(a)(2) was severed from the rest of the section. The district court rejected NCRL’s position that Section 163-278.6(14)’s presumption of political committee status based on an entity’s expenditures violated the First Amendment. With regard to Section 163-278.13, the district court held that a limit on contributions to political committees that engage solely in making independent expenditures was unconstitutional. Finally, the district court held that NCRL’s [422]*422challenge to Sections 163-278.12A and 163-278.39(a)(S) was moot.

Both parties now appeal. The State appeals on the grounds that the district court erred in declaring Sections 163-278.14A(a)(2) and 163-278.13 unconstitutional. NCRL appeals claiming that the district court erred in dismissing its challenge to Section 163 — 278.6(14)’s major purpose presumption. NCRL also assigns as error the district court’s determination that its challenge to Section 163-278.12A was moot.

II.

Before addressing the merits of the parties’ contentions, an understanding of the statutory provisions at issue is necessary. Under Section 163-278.6(14), a “political committee” is defined to mean:

a combination of two or more individuals, such as any person, committee, association, organization, or other entity that makes, or accepts anything of value to make, contributions or expenditures and has one or more of the following characteristics:
a. Is controlled by a candidate;
b. Is a political party or executive committee of a political party or is controlled by a political party or executive committee of a political party;
c. Is created by a corporation, business entity, insurance company, labor union, or professional association pursuant to G.S. 163 — 278.19(b); or
d. Has as a major purpose to support or oppose the nomination or election of one or more clearly identified candidates.
An entity is rebuttably presumed to have as a major purpose to support or oppose the nomination or election of one or more clearly identified candidates if it contributes or expends or both contributes and expends during an election cycle more than three thousand dollars ($3,000). The presumption may be rebutted by showing that the contributions and expenditures giving rise to the presumption were not a major part of activities of the organization during the election cycle....

N.C. Gen.Stat. § 163-278.6(14) (2001). Accordingly, to be regarded as a political committee, and therefore be subject to the regulations attendant to that status, requires that an entity (1) make contributions or expenditures and (2) have one or more of the enumerated characteristics.

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Related

North Carolina Right to Life, Inc. v. Leake
525 F.3d 274 (Fourth Circuit, 2008)
Wisconsin Right to Life, Inc. v. Federal Election Commission
466 F. Supp. 2d 195 (District of Columbia, 2006)
North Carolina Right to Life, Incorporated North Carolina Right to Life Political Action Committee North Carolina Right to Life Committee Fund for Independent Political Expenditures v. Larry Leake, in His Official Capacity as Chairman of the North Carolina State Board of Elections Genevieve C. Sims, in Her Official Capacity as Secretary of the State Board of Elections Robert Cordle, in His Official Capacity as a Member of the State Board of Elections Lorraine G. Shinn, in Her Official Capacity as a Member of the State Board of Elections Charles Winfree, in His Official Capacity as a Member of the State Board of Elections Robert F. Johnson, in His Official Capacity as District Attorney for the North Carolina Prosecutorial District 15a Roy Cooper, in His Official Capacity as the North Carolina Attorney General, North Carolina Right to Life, Incorporated North Carolina Right to Life Political Action Committee North Carolina Right to Life Committee Fund for Independent Political Expenditures v. Larry Leake, in His Official Capacity as Chairman of the North Carolina State Board of Elections Genevieve C. Sims, in Her Official Capacity as Secretary of the State Board of Elections Robert Cordle, in His Official Capacity as a Member of the State Board of Elections Lorraine G. Shinn, in Her Official Capacity as a Member of the State Board of Elections Charles Winfree, in His Official Capacity as a Member of the State Board of Elections Robert F. Johnson, in His Official Capacity as District Attorney for the North Carolina Prosecutorial District 15a Roy Cooper, in His Official Capacity as the North Carolina Attorney General
344 F.3d 418 (Fourth Circuit, 2003)

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Bluebook (online)
344 F.3d 418, 2003 WL 22180445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-carolina-right-to-life-inc-v-leake-ca4-2003.