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Campaign fiance fails test { November 27 2002 } Original Source Link: (May no longer be active)
http://www.washingtonpost.com/wp-dyn/articles/A43478-2002Nov26.htmlhttp://www.washingtonpost.com/wp-dyn/articles/A43478-2002Nov26.html
Campaign Finance Law Fails Its First Test
Judge Allows Antiabortion Group to Run 'Issue Ads' Prior to Hawaii Special Election
By Edward Walsh
Washington Post Staff Writer
Wednesday, November 27, 2002; Page A04
A federal judge yesterday struck the first legal blow against the new campaign finance law that Congress enacted earlier this year, ruling that an antiabortion organization was free to run television and radio political ads in connection with a special House election in Hawaii.
In Washington, U.S. District Judge Henry H. Kennedy Jr. granted Hawaii Right to Life's request for a temporary injunction against enforcement of the law. That cleared the way for the group to run ads before the primary scheduled for Saturday and the general election on Jan. 4. The special election is to fill the vacancy created by the death of Rep. Patsy T. Mink (D) and is the first to be held under the terms of the new campaign finance law, which took effect Nov. 6.
The new law imposes restrictions on the use of "issue ads" that clearly identify a candidate for federal office within 30 days of a primary and 60 days of a general election. Several groups have challenged the constitutionality of that provision and other parts of the law in a separate lawsuit that is being heard by a special panel of three federal judges here.
Hawaii Right to Life also asserted that the restrictions on issue ads are unconstitutional, but Kennedy based his ruling on narrower grounds.
In a brief oral ruling, he said Hawaii Right to Life was a "qualified nonprofit group" and therefore should be exempt from the advertising restrictions. He said the organization qualified for the exemption because it had received at least $50 in corporate contributions.
The Federal Election Commission had argued that Hawaii Right to Life was a political advocacy group that should be covered by the new restrictions on issue ads.
Kennedy bypassed the larger constitutional questions raised in the case by Hawaii Right to Life. He said the constitutionality of the advertising restrictions should be left for "another day."
But those larger issues will be argued next week before the three-judge panel. It will hear a lawsuit challenging the new law that was brought by Sen. Mitch McConnell (R-Ky.), the measure's leading opponent in Congress, and several organizations, including the National Rifle Association and the American Civil Liberties Union.
© 2002 The Washington Post Company
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