Minnesota Citizens Concerned for Life v. Kelley

• Decision Date: 12 November 2003
• Docket Number: No. Civ. 02-3819(RHK/AJB).,Civ. 02-3819(RHK/AJB).
• Citation: 291 F.Supp.2d 1052
• Parties: MINNESOTA CITIZENS CONCERNED FOR LIFE, INC., et al., Plaintiffs, v. Douglas A. KELLEY, et al., Defendants.
• Court: U.S. District Court — District of Minnesota

291 F.Supp.2d 1052

MINNESOTA CITIZENS CONCERNED FOR LIFE, INC., et al., Plaintiffs, v. Douglas A. KELLEY, et al., Defendants.

No. Civ. 02-3819(RHK/AJB).

United States District Court, D. Minnesota.

November 12, 2003.

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James Bopp Jr. and Jeffrey P. Gallant, Bopp, Coleson & Bostrom, Terre Haute, Indiana; Scott M. Lucas, Olson & Associates, Edina, Minnesota, for Plaintiffs.

Attorney General Mike Hatch, Chief Deputy Attorney General Kristine L. Eiden, and Assistant Attorneys General Hilary Lindell Caliguri, and Jennifer A. Service, Office of the Minnesota Attorney General, St. Paul, Minnesota, for Defendants.

MEMORANDUM OPINION AND ORDER

KYLE, District Judge.

Introduction

This matter comes before the Court on cross motions for summary judgment. Plaintiffs Minnesota Citizens Concerned for Life, Inc. ("MCCL"), David Racer, and the Committee for State Pro-Life Candidates ("CSPC") (collectively, "Plaintiffs"), have sued Defendants Douglas A. Kelley, Clyde Miller, Wil Fluegel, Sidney Pauly, Terri Ashmore, and Robert Milbert, in their capacities as Chair and members of the Campaign Finance and Disclosure Board, and Amy Klobuchar, in her official capacity as County Attorney for Hennepin County, Minnesota¹ (collectively, "Defendants") alleging that various provisions of Minnesota's election laws violate Plaintiffs' speech and association rights under the First Amendment of the United States Constitution. Plaintiffs and Defendants have now each moved for summary judgment. For the reasons set forth below, the Court will grant each motion in part, and deny in part.

Background

I. Campaign Finance Reform in Minnesota

In oral argument, both sides agreed that Minnesota is generally considered to be a "clean" state with regard to political corruption. Minnesota statutes regulating campaign finance include laws-such as one challenged here-dating back as far as 1912. See Minn.Stat. § 211B.06. For decades prior to Watergate, Minnesota had campaign reporting requirements and spending limits. (See Peter S. Wattson, "Minnesota's Campaign Finance Law," available at, http://www.sentate.leg.state.mn.us/departments/ scr/treatise/campfin .htm); see also Fed.R.Evid. 201(b). In 1974, in response to Watergate, the legislature enacted an ethics in government law, imposing new contribution limits, partial public financing of elections, expenditure limits,² and tax credits for political contributions.³ (Id.)

In the early 1990's, a wave of scandals prompted the legislature to dramatically revise the State's campaign finance laws. (See Schultz Aff. ¶ 5.) Common Cause Minnesota, a non-partisan organization dedicated to reform at all levels of government, assembled a campaign finance reform task force comprised of legislators from both parties, lobbyists, and representatives of the Minnesota League of Women Voters, the Joint Religious Legislative Coalition, and the Citizens League. (See Higinbotham Aff. ¶ 2.) During the 1993 legislative session, the task force presented its recommendations to the legislature. (Id. ¶ 3.) MCCL lobbied against these recommendations. (Duffy Aff. ¶ 3.) In the end, the legislature enacted a number of the task force's proposed reforms, including several challenged in this litigation: a ban on the transfer of funds between candidates, lower contribution limits, and an aggregate cap on special-interest contributions.⁴ (See Higinbotham Aff. ¶ 3.)

II. The Parties

A. Plaintiffs

Plaintiff MCCL is a nonprofit, contributor-funded organization incorporated under the laws of the State of Minnesota. (Am. Verified Compl. ¶ 14.) According to its Articles of Incorporation, MCCL's purposes include "inform[ing] the public on abortion and related subjects." (Id. Ex. C at 1.) MCCL communicates with the general public through press conferences, radio spots, newspaper editorials, newsletters, and its website. (Id. ¶ 36.)

Plaintiff CSPC is a registered political committee affiliated with MCCL that produces communications expressly advocating the election or defeat of a clearly identified candidate. (Id. ¶ 43.) In addition to such activities, CSPC sometimes makes contributions to candidates' personal campaign committees. (Id. ¶ 44.)

Plaintiff David Racer was an unsuccessful candidate for the Minnesota Senate from District 67 in a November 2002 special election held following redistricting. (Id. ¶ 47.) He plans to run for office in Minnesota again. (Id. ¶ 16.)

B. Defendants

Defendants Douglas A. Kelley, Wil Fluege, Clyde Miller, Sidney Pauly, Terri Ashmore, and Robert Milbert are members of the Minnesota Campaign Finance and Disclosure Board ("the Board"). Established in 1974 by statute and charged with administration of the Ethics in Government Act, the Board's members are appointed by the Governor for staggered four-year terms. See generally Minn.Stat. § 10A.02. The appointments must be bipartisan and confirmed by the Minnesota House and Senate by a three-fifths margin. Id.

Defendant Amy Klobuchar is the County Attorney for Hennepin County, Minnesota. (Am. Verified Compl. ¶ 18.) She has been sued in her official capacity as a county attorney responsible for enforcing Minnesota's election laws. (Id.)

III. Procedural History

On October 4, 2002, approximately one month prior to election day, Plaintiffs filed suit in this Court seeking to preliminarily enjoin the enforcement of several major provisions in Minnesota's larger scheme for regulating campaign finance and elections. (See Am. Verified Compl.) The Court found that Plaintiffs' Verified Complaint for Declaratory and Injunctive Relief, which was 57 pages in length and contained 219 separately numbered paragraphs, failed to comply with the "short and plain" requirement of Federal Rule of Civil Procedure 8(a)(2). (See Minnesota Citizens Concerned for Life, Civ. No. 02-3819 (RHK/AJB), slip op. at 1 (D.Minn. Oct. 16, 2002) (Kyle, J.).) Likewise, the Court found that Plaintiffs' 85-page Memorandum in Support of the Motion for Preliminary Injunction failed to comply with the 35-page limitation of Local Rule 7.1(c) and that Plaintiffs' Motion to Exceed Page Limit did not show good cause for exceeding those page limits. (Id.)

Following the 2002 election, Plaintiffs filed an Amended Verified Complaint in accord with the Court's Order of October 16, 2002. On February 3, 2003, Plaintiffs filed a Motion for Preliminary Injunction. After lengthy briefing, Plaintiffs moved on June 6, 2003 to convert their Motion for a Preliminary Injunction into a Motion for Summary Judgment, which the Court granted. Defendants filed their own Motion for Summary Judgment on June 13, 2003.

Standard of Decision

Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c). It is to be granted only where the evidence is such that no reasonable jury could return a verdict for the nonmoving party. See Anderson v. Liberty Lobby, 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The court views the evidence, as well as all reasonable inferences, in a light most favorable to the nonmoving party. See Enterprise Bank v. Magna Bank, 92 F.3d 743, 747 (8th Cir. 1996); see Adkison v. G.D. Searle & Co., 971 F.2d 132, 134 (8th Cir.1992). The moving party carries the burden of showing that there is no genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Mems v. City of St. Paul, Dep't of Fire & Safety Servs., 224 F.3d 735, 738 (8th Cir.2000). The nonmoving party may not rest upon the allegations or denials of its pleadings. Rather, the nonmovant must establish the existence of specific facts that create a genuine issue for trial. Neither mere allegations nor denials are sufficient. See Liberty Lobby, 477 U.S. at 256, 106 S.Ct. 2505. On summary judgment, the court does not weigh facts or determine the credibility of affidavits and other evidence. See id. at 249, 106 S.Ct. 2505. The nonmovant cannot, however, avoid summary judgment by highlighting some alleged factual dispute between the parties. Instead, the disputed fact must be "outcome determinative under prevailing law"; it must be material to an essential element of the specific theory of recovery at issue. See Get Away Club, Inc. v. Coleman, 969 F.2d 664, 666 (8th Cir.1992). In essence, the court determines whether there is a need for a trial. Liberty Lobby, 477 U.S. at 250, 106 S.Ct. 2505.

Analysis

The Minnesota Ethics in Government Act, Minn.Stat. § 10A.01 et seq., regulates campaign financing for all candidates seeking statewide office. Elections and fair campaign practices are governed under Minn.Stat. §§ 204.B through 211B.205. Plaintiffs challenge a number of discrete provisions in Minnesota's larger scheme for regulating elections, including: (1) the inter-candidate transfer ban of Minn.Stat. § 10A.27, subd. 9; (2) year-based contribution limits as set forth in Minn.Stat. § 10A.27, subd. 1; (3) the aggregate limit on special interest contributions of Minn. Stat. § 10A, subd. 11; (4) the restriction on the charitable solicitation of candidates as set forth in Minn.Stat. § 211B.08; (5) the lobbyist disclosure requirements of Minn.Stat. § 10A.04; (6) the definition of "campaign material" of Minn.Stat. § 211B.01, subd. 2, and the campaign material disclaimer requirement of Minn.Stat. § 211B.04; and (7) the definitions of "political committee" and "political fund" as provided in Minn.Stat. § 10A.01. The Court will address each of these provisions in turn.

I. Minnesota Campaign Finance Reform Act of 1993

Plaintiffs challenge three key provisions of the Minnesota Campaign Finance Reform Act of 1993:(1) the inter-candidate transfer ban of Minn.Stat. § 10A.27, subd. 9; (2) year-based contribution limits as set forth in Minn.Stat. § 10A.27, subd. 1; and (3) the aggregate limit on special interest...