majors versus abell

Advertising Disclaimers
All printed campaign literature and paid print or television advertisements must include a disclaimer giving the full name, title and address of the person authorizing it, and the name, title and address of the person paying for it if different than the person who authorized it. All paid radio advertisements shall include a disclaimer with the full name and title of the person authorizing the advertisement and the name and title of the person paying for such advertisement if different than the person authorizing such advertisement. If the person is acting on behalf of a committee, the name of the committee must also be included. All radio or television advertising time provided at no cost or reduced cost to a candidate or ballot question committee must include a disclaimer indicating that such time was provided at no cost or reduced cost. (SDCL 12-25-4.1)
Examples for print or television would include:
Paid and authorized by the South Dakota Freedom Party, John Doe, Treasurer, Box 000, Pierre, SD 57501
Authorized by Jean Doe, Box 100, Canton, SD 57013; paid for by John Doe, Box 200, Alcester, SD 57001
Paid and authorized by Jane Doe, RR 1 Box 21, Lennox, SD 57039

a 2001 montana disclaimer complaint.

wisconsin disclaimer memo. wi pdf

ky stand by your ad bill. not sure status.

ky statute

fec disclaimer link.

This is the html version of the file http://www.state.mt.us/cpp/content/pdf/5cfp/2003_WBCFPFAQs_Disclaimers_revised10_03.pdf.
G o o g l e automatically generates html versions of documents as we crawl the web.
To link to or bookmark this page, use the following url: http://www.google.com/unclesam?q=cache:zk_VXgqGTi8J:www.state.mt.us/cpp/content/pdf/5cfp/2003_WBCFPFAQs_Disclaimers_revised10_03.pdf+election+disclaimers&hl=en&lr=lang_en
Google is not affiliated with the authors of this page nor responsible for its content.
These search terms have been highlighted: election disclaimers
--------------------------------------------------------------------------------
Page 1
CAMPAIGN FINANCE AND PRACTICES FREQUENTLY ASKED QUESTIONS About Disclaimers Required on Election Materials (10/03)Montana Code Annotated § 13-35-225 This guide is intended only as a summary to aid understanding of Campaign Finance and Practices Laws. For complete requirements, consult Montana Code Annotated Title 13, Chapters 35 and 37. NEW REQUIREMENTS!!! ELECTION MATERIAL CONTAINING INFORMATION ABOUT ANOTHER CANDIDATE’S VOTING RECORD MUST INCLUDE: • A reference to the particular vote or votes upon which the information is based. • The disclosure of contrasting votes by the candidate on the same issue, if closely related in time; and • A verification statement that affirms, to the best of the signer’s knowledge, the information supplied about the candidate’s voting record is accurate and true. • If election material is prepared for a candidate, that candidate must sign the verification statement. • If election material is not prepared for a candidate, the person or legal agent of the person financing the communication must sign the verification statement. What is a disclaimer? …a statement providing the identity of the person who has paid for campaign materials. What are election materials? ….communications that advocate the success or defeat of a candidate, political party, or ballot issue, including, but not limited to, broadcast media,
--------------------------------------------------------------------------------
Page 2
newspapers, billboards, direct mail, posters, bumper stickers, Internet websites, and other forms of general political advertising. What must a disclaimer contain? Political candidates must include the name and complete mailing address of the candidate or the candidate’s campaign. Examples: Paid for by Frank Smith Paid for by Smith for Senate P. O. Box 292, Helena, MT 59604 OR P. O. Box 292, Helena, MT 59604 The name of the candidate’s campaign treasurer may be but is not required to be included. Political committees, such as political action committees, political party committees, and ballot issue committees, must include the name of the committee AND the name of the committee treasurer, along with the mailing address of either the committee or the committee treasurer. For example: Paid for by Support Out Schools, Linda Evans, Treasurer P. O. Box 350, Helena, MT 59624 What other information is required? If a candidate’s election is partisan, the communication MUST state the candidate’s party affiliation or include the party symbol. The affiliation may be identified in the body of the communication OR in the disclaimer. Where is the disclaimer to be placed? The communication must clearly and conspicuously state the disclaimer information. In the case of a message provided through broadcast media, a disclaimer might typically state at the conclusion of the message: “”Paid for by Smith for Senate, P.O. Box 292, Helena, 59604.” In the case of print media, the disclaimer typically is placed at the bottom of the communication. On yard signs, billboards, and other similar advertising, the disclaimer must be placed on the front of the material.
--------------------------------------------------------------------------------
Page 3
What if I have unintentionally omitted the disclaimer? Upon discovery of the oversight, the person financing the communication must notify the commissioner within five (5) days and make every reasonable effort to bring the material into compliance. No further dissemination should be made of election material that is not in compliance. If my article of advertising is too small to include a disclaimer? ….then it is necessary to file a copy of the article with the commissioner, together with the required disclaimer information at the time of the publication or dissemination of the communication. REMEMBER: ELECTION MATERIALS CANNOT BE ANONYMOUS!

spawn
oops that's not it.

link
ELECTIONS
Majors v. Abell, March 15
Plaintiffs challenged Indiana's attempt at campaign finance reform. J. Posner "cannot say that the net effect of invalidating the Indiana statute would be to promote political speech."

-------------------------------------

rick hasen:
April 20, 2004
Petition for Rehearing Denied in Majors v. Abell
See here (docket entry for 4/7/04). This is an important case on the constitutionality of campaign finance disclosure laws post-McConnell. The original Seventh Circuit opinion is here. I do not know if the plaintiffs will file a petition for certiorari with the Supreme Court.

in order to file, we need $300 plus cost of 40 copies printed and bound.
in order to increase the chances (1% or so) of the case being heard,
amicus briefs would help.
i welcome people's thoughts on the odds of the case being heard/selected.
If there is a 1% chance, and the cost of appeal is $500, the case should be 'worth'
at least $50,000. It is, in legal fees alone, so time for good money after bad.
Besides, it helps show I'm serious.
On, the other hand, if I can pick up 10 amicus briefs (or one, co-signed by the right 10 groups), and the case is as important as i think it is, the odds could be as high as 5%. In that case, expenses of $500 for a one in twenty shot mean the case only has to be "worth" $10,000 for it to be rational to proceed.

update: i would quibble with the way rick calls this a campaign finance disclosure case. it's a campaign speech case. it's not about money, and it's not about reporting (usually called disclosure.) it's not about advertising - plaintiff made a few signs by hand.

No.

IN THE
Supreme Court of the United States [gothic font]
_______________________

BRIAN MAJORS, et al.,
Plaintiff-petitioners,

v.

MARSHA ABELL, et al.,
Defendant-respondents.

___________________________________________

On Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Seventh Circuit

PETITION FOR A WRIT OF CERTIORARI

Robbin Stewart
@
Attorneys for Petitioners






















QUESTIONS PRESENTED

A divided panel of the 7th Circuit upheld, per McConnell, criminalization of political speech such as “Vote for Brian Majors”, speech without a disclaimer of the sort found unconstitutional in Talley and McIntyre. Ind. Code 3-9-3-2.5

I Did the court err in failing to apply strict scrutiny and strike down the statute?
II Did the court err in holding that McConnell v. FEC overrules McIntyre, ACLF and Watchtower?
III Did the court err in dismissing damage claims against Vanderburgh County on official immunity grounds??
IV Did the court err in denying costs and fees to plaintiff on the basis of obtaining a narrowed construction of the statute?
V Did the court err in dismissing individual capacity claims on official immunity grounds?









ii

LIST OF PARTIES

Plaintiff-petitioners are Brian Majors, Carol Antun, Perry Metzger, and Bruce Martin.
An anonymous plaintiff was dismissed, and plaintiff Lawyer’s Educational Advocacy Forum did not join the appeal. Defendant-respondents are the members of the Indiana Election Commission and the Vanderburgh County Election Board, in their official and individual capacities. Sue Hall is an election board employee. Common Cause of Indiana participated as amicus before the Indiana Supreme Court on a certified question.

CORPORATE DISCLOSURE STATEMENT

No plaintiffs are corporations. @ metzger’s status – is he an officer?
Each are individuals.

iii

TABLE OF CONTENTS
QUESTIONS PRESENTED
LIST OF PARTIES
CORPORATE DISCLOSURE STATEMENT
TABLE OF CONTENTS
TABLE OF CITED AUTHORITIES
TABLE OF APPENDICES
OPINION BELOW
STATEMENT OF JURISDICTION
CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED
STATEMENT OF THE CASE
REASONS FOR ALLOWANCE THE WRIT

I. Review is warranted to determine whether McConnell v. FEC reverses McIntyre v. Ohio.

TABLE OF CITED AUTHORITIES
ACLF, Buckley v.
ACLU v. Reno
ACLU v. Ashcroft
Ashcroft v. Free Speech
Buckley v Valeo, 424 U.S. 1 (1976)
Wooley v Maynard
Stewart v Taylor, 953 F.Supp.1047 (S.D.Ind.1997)
Anonymous v Delaware, 2001 lexis @
Majors v. Abell, 792 ne2d 18 (Ind. 2003)
McConnell v. FEC, 124 S. Ct. 619 (2003)
McIntyre v. Ohio, 514 U.S. 334 (1995)
Hiibel v. Nevada
Watchtower 536 U.S. 150 (2002)

TABLE OF APPENDICES
OPINION BELOW
STATEMENT OF JURISDICTION
The Court has jurisdiction over a federal question under the First and Fourteenth Amendments, and Article III, and under 42 USC 1983,1985 and the declaratory judgment act, 23 usc ___.
CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED
First Amendment – speech, press and petition clauses. Fourteenth Amendment - due process, equal protection, and privileges and immunities clauses.
Ind. Code 3-9-3-2.5.
STATEMENT OF THE CASE
Plaintiffs filed suit in district court in October of 1988 to enjoin a statute and policy which appeared to prohibit his handmade campaign signs of the sort “Vote for Brian Majors.” They sought damages and a declaratory judgment and fees. Injunctive relief was denied. The district court dismissed the case in 2003.(is in online?)(lexis?) A panel of the Seventh Circuit reversed dismissal, certified a question to the state supreme court, tabled the case pending McConnell, and then dismissed on the merits, awarding costs to defendants. Judge Easterbrook filed a dubitante opinion, expressing doubt in Judge Posner’s majority opinion. A motion for reconsideration was denied April _, 2004.
REASONS FOR ALLOWANCE OF THE WRIT

I. Review is warranted to determine whether McConnell v. FEC reverses McIntyre v. Ohio.
II Review is warranted to address compliance with Talley.

open law: would anyone like to co-write the petition for cert?