Yamuna Bhaskaran | Bloomberg Law National Organization for Marriage v. McKee, Nos. 10-2000, 10-2049, 2011 BL 208197 (1st Cir. Aug. 11, 2011) National Organization for Marriage v. Daluz, No. 10-2304, 2011 BL 208205 (1st Cir. Aug. 11, 2011) In two companion opinions, the U.S. Court of Appeals for the First Circuit rejected an anti-gay marriage group's challenge to the disclosure requirements under Maine and Rhode Island election laws, holding that the statutes, which established certain reporting and bookkeeping requirements, were not unconstitutionally vague or overbroad. Plaintiff National Organization for Marriage (NOM) is a New Jersey-based nonprofit corporation that coordinates "organized opposition to same-sex marriage in state legislatures." NOM filed a verified complaint against election agencies in Maine in late 2009, shortly before a referendum election involving same-sex marriage issues, seeking to enjoin enforcement of certain election laws and to have them declared unconstitutional. NOM also filed a lawsuit against Rhode Island election agencies asserting substantially similar claims. On appeal, the First Circuit issued separate opinions in both matters, but provided the bulk of its analysis in its evaluation of the Maine statute and referenced and relied upon that opinion in its review of the Rhode Island statutes.
Maine Laws Regulating PACs
First Amendment Overbreadth Challenges
— Rejecting the Issue Discussion and Express Advocacy Dichotomy in Disclosure-Oriented Laws
— Independent Expenditures
— Disclaimer and Attribution
Due Process Vagueness Challenges
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