Judge rules against part of campaign finance law

JACKSON — A federal judge in north Mississippi has declared that part of the state’s campaign finance law is unconstitutional because it creates burdens for people or groups that spend at least $200 to support or oppose a ballot initiative.

U. S. Dist. Judge Sharion Aycock ruled Monday that the state may require some level of campaign finance reporting by people or groups who attempt to inf luence elections on proposed constitutional amendments that appear on the statewide ballot.

However, she wrote that “under the current regulatory scheme, which is convoluted and exacting, the requirements are too burdensome for the State’s $200 threshold.”

Aycock’s ruling does not change that part of the campaign finance law that requires candidates for statewide office or legislative seats to file reports disclosing the name, address and occupation of anyone donating at least $200 to their campaigns.

Five Oxford residents filed a lawsuit in 2011, challenging Mississippi’s campaign finance reporting requirements for those pushing for or against ballot initiatives. They were supporting an initiative that ultimately was approved by voters that year, limiting the government’s use of eminent domain to take private land. They were represented by the Institute for Justice.Paul Avelar, an Institute for Justice attorney, said in a news release Tuesday that Aycock’s ruling in the lawsuit is a victory for the First Amendment right of freedom of speech.

“In America, you shouldn’t need lawyers and accountants in order to speak about politics; all you should need is an opinion,” Avelar said.

Atty. Gen. Jim Hood had defended the law. His spokeswoman did not immediately respond to questions Tuesday about whether Hood will appeal Aycock’s ruling.

The vice chairman of the state Senate Elections Committee, Democrat David Blount of Jackson, said Tuesday that it’s not difficult for campaigns to keep track of who gives money, whether it’s a campaign for public office or for or against a ballot initiative. He said disclosure of that information also is not burdensome.

“I believe it’s good public policy for people to know who are the major donors to a political campaign,” Blount said.

Secretary of State Delbert Hosemann’s office did not immediately respond to a request for comment on Aycock’s ruling.