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National Organization For Marriage, Inc v. Walter F. Mckee, et al

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Before Boudin, Selya, and Lipez, Circuit Judges.

This appeal presents the second chapter of a lawsuit challenging the constitutionality of Maine laws imposing registration and disclosure requirements on entities that finance election-related advocacy. In a recent decision, we rejected claims made by one of the appellants here, the National Organization for Marriage (“NOM”), asserting that Maine’s laws regulating political action committees (“PACs”) are unconstitutionally vague and overbroad in violation of the First and Fourteenth Amendments. See NOM v. McKee, 649 F.3d 34 (1st Cir. 2011) (“NOM I”). We now consider similar contentions raised by NOM and co-appellant American Principles in Action, Inc. (“APIA”) concerning the law applicable to ballot question committees (“BQCs”). See Me. Rev. Stat. Ann. tit. 21-A, § 1056-B. Our decision in NOM I effectively disposes of most of appellants’ challenges to Maine’s BQC requirements. On the only substantively distinct issue — the constitutionality of the definition of “contribution” in section 1056-B — we conclude that the BQC law, like the PAC laws, is constitutional. We thus affirm in its entirety the district court’s grant of summary judgment for the defendants.

I.

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