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National Organization For Marriage v. John Daluz, In His Official Capacity As Chairman of the Rhode Island

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Before Torruella, Boudin, and Lipez, Circuit Judges.

LIPEZ, Circuit Judge. Appellant National Organization for Marriage (“NOM”) appeals the denial of a preliminary injunction in its challenge to the constitutionality of a Rhode Island election law requiring the reporting of so-called “independent expenditures.” NOM argues that Rhode Island’s reporting requirement is both overbroad under the First Amendment and so vague in its terms as to violate due process. The district court, noting the minimal burden imposed by the law and the valuable governmental interest underlying it, concluded that NOM had failed to show a likelihood of success on the merits of its challenge. After careful review, we find no abuse of discretion in the district court’s denial of preliminary relief. We therefore affirm.

Our opinion in this appeal accompanies an opinion resolving a separate set of challenges to provisions of Maine’s election laws, including an independent expenditure reporting requirement similar to Rhode Island’s. See Nat’l Org. for Marriage v. McKee, Nos. 10-2000 & 10-2049 (1st Cir. 2011). The vagueness and overbreadth arguments NOM presses here are substantially the same as those addressed in our companion opinion. We therefore rely heavily here on our more thorough discussion in the Maine opinion.

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