Thursday, August 21, 2008

Civil Liberties Group Sues North Carolina Board of Elections Challenging Total Ban on Lobbyist Contributions

The American Civil Liberties Union of North Carolina Legal Foundation (ACLU-NCLF) filed a lawsuit yesterday against the North Carolina Board of Elections due to the Board of Elections policy banning lobbyist from contributing any money to candidates for the state legislative, as well as many other state candidates, during the year in which the individual is a registered lobbyist.

The ACLU-NCLF asserts that the ban violates the first and fourteenth amendments of the U.S. Constitution, which guarantee freedom of association and free speech. According to the ACLU's press release, "[t]his year-round, zero-dollar ban applies without regard to whether the would-be recipient of the contributions is, ever has been, or will be the object" of [the individual's] lobbying efforts."

The ACLU-NCLF's Legal Director, Katy Parker, acknowledges that the State has a legitimate interest in preventing corruption and that "preventing lobbyists from wielding undue influence is a legitimate means of preserving the integrity of the electoral process. However, such restrictions must allow for the fact that everyone in America has the right to free speech and free association, especially when it comes to people expressing their political beliefs. By imposing a year-round, zero-dollar total ban, North Carolina's extreme prohibition goes far beyond what is reasonable or necessary to prevent actual or apparent corruption in government and far beyond the types of limits on lobbyists' contributions that have been upheld by any court in the United States."