Proft v. Madigan

340 F. Supp. 3d 683
CourtDistrict Court, E.D. Illinois
DecidedOctober 24, 2018
DocketCase No. 18 C 4947
StatusPublished

This text of 340 F. Supp. 3d 683 (Proft v. Madigan) is published on Counsel Stack Legal Research, covering District Court, E.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Proft v. Madigan, 340 F. Supp. 3d 683 (illinoised 2018).

Opinion

Virginia M. Kendall, United States District Judge

Dan Proft and the independent expenditure committee he chairs, Liberty Principles PAC, sued Lisa Madigan, the Attorney General of Illinois, and the members of the Illinois State Board of Elections in their official capacities, alleging that a provision of the Illinois Election Code violates the First and Fourteenth Amendments to the Constitution of the United States. (Dkt. 1.)

*687The Code generally limits contributions that individuals and organizations may make to candidates for office and their campaigns, but it removes those limits in races where a candidate's self-funding, or independent expenditures supporting or opposing a candidate, exceed a threshold amount. That rule, however, has one important exception that is the subject of this litigation: independent expenditure committees can never contribute to candidates even in races where the Code lifts the limits for everyone else. Attorney General Madigan justifies this exception by invoking the prevention-of-corruption rationale that the Supreme Court recognizes. See Citizens United v. Fed. Election Comm'n , 558 U.S. 310, 359, 130 S.Ct. 876, 175 L.Ed.2d 753 (2010). Proft claims that these groups do not pose a unique threat of corruption and it is not fair to ban them from contributing when all others can do so. To do that, in his view, unreasonably restricts the free-speech and free-association rights of the organizations and the individuals who comprise them.

Proft accordingly moved this Court to preliminarily enjoin Attorney General Madigan from enforcing the Code in the 2018 Election so that he and his committee can participate in races where the Code eliminates contribution limits to the same extent as individuals and other groups. (Dkt. 12.) Attorney General Madigan opposed this motion and moved to dismiss the complaint arguing that independent expenditure committees must remain independent. (Dkt. 19.) Because accepting Proft's argument would erase the Supreme Court's 40-year-old distinction between contributions and independent expenditures, the Court denies his motion for a preliminary injunction and grants Attorney General Madigan's motion to dismiss.

BACKGROUND

Dan Proft is a political activist. (Dkt. 1 ¶¶ 8-9.) He founded a political committee named Liberty Principles PAC. Id. More specifically, Liberty Principles is an independent expenditure committee which the Illinois Election Code defines as an organization, corporation, association, or committee "formed for the exclusive purpose of making independent expenditures during any 12-month period in an aggregate amount exceeding $5,000 in support of or in opposition to ... [the] election ... of any public official or candidate." 10 ILCS 5/9-1.8(f). An independent expenditure is "any payment, gift, donation or other expenditure of funds" for "electioneering communications," or other express advocacy urging the election or defeat of a candidate. 10 ILCS 5/9-1.15.

Basically, these committees are independent because they lack the connection to and coordination with a candidate or campaign that their counterparts, political action committees, have. Indeed, an independent expenditure committee's funding of electioneering communications or express advocacy must "not [be] made in connection, consultation, or concert with or at the request or suggestion of the candidate's political committee or campaign." Id. Conversely, a coordinated expenditure is just a contribution of the sort that a political action committee ("PAC") would make. Some observers, in fact, refer to independent expenditure committees as "super PACs" because they can raise and spend unlimited money, provided they do not cooperate or consult with a candidate, her committee, or the committee of a political party.

This distinction is consequential. On the one hand, the Code limits the contribution amounts that PACs can receive and make themselves. See 10 ILCS 5/9-8.5(d) ; see also Dkt. 1 ¶ 21. On the other hand, independent expenditure committees may raise *688and spend money in any amount from any source. See 10 ILCS 5/9-8.5(e-5) ; see also Dkt. 1 ¶¶ 36-37. There is, however, one significant exception to these contribution caps: if a candidate's self-funding individually exceeds, or independent expenditures supporting or opposing a candidate collectively exceed $250,000 for statewide office, or $100,000 for all other offices, then all candidates in that race may accept contributions more than the otherwise governing limits. See 10 ILCS 5/9-8.5(h) ; id. at (h-5); see also Dkt. 1 ¶ 39. The Legislature decided "that it was better to level the playing field and lift the caps than keep the usual contribution limits in place." (Dkt. 19 at 4.) The Legislature also chose to keep the contribution caps for independent expenditure committees in place because the fact that "they cannot spend in coordination with candidates and cannot contribute directly to them" effectively defines their status. Id. Independent expenditure committees remain free to raise and spend funds in any amount. Id.

Dan Proft, Chairman of Liberty Principles PAC, alleges that there are multiple races in the 2018 Election where the Code will lift the $100,000 cap. (Dkt. 1 ¶¶ 53-54.) Essentially, Proft wants to directly coordinate with the candidates that he supports in those races. Id. at ¶¶ 55-56. Because all others can coordinate and contribute when the caps are off, Proft argues independent expenditure committees should be able to do the same; otherwise, this provision violates the First and Fourteenth Amendments. Id. at ¶¶ 65, 69. Proft therefore moved for a preliminary injunction to bar Attorney General Madigan from enforcing the Code's prohibition of coordinated expenditures by independent expenditure committees in races where the Code eliminates the contribution limits. (Dkt. 12 at 1.)

STANDARD OF REVIEW

"A preliminary injunction is an extraordinary remedy." Whitaker By Whitaker v. Kenosha Unified Sch. Dist. No. 1 Bd. of Educ.

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Bluebook (online)
340 F. Supp. 3d 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/proft-v-madigan-illinoised-2018.