If a citizen and resident wants to mail postcards about an upcoming referendum in his town, must he register (as Wisconsin law requires) before doing so? If he doesn’t register, will he be prosecuted, as others have been in the past?
Here’s a press release about the federal lawsuit against several defendants from the James Madison Center for Free Speech:
James Madison Center for Free Speech
1 South 6th Street
Terre Haute, IN 47807
www.jamesmadisoncenter.org
PRESS RELEASE March 28, 2010 Contact: James Bopp, Jr. Phone: 812-232-2434; Fax 812-235-3685 jboppjr@aol.com
Whitewater Resident Challenges Wisconsin Campaign Finance Laws
A lawsuit was filed Friday in federal court in Wisconsin challenging the same portions of that state’s campaign finance laws that a federal judge ruled unconstitutional in similar circumstances in 2009. The suit surrounds a another local referendum in the town of Whitewater that will be voted on April 6. The plaintiff, Charles G. Hatchett, a resident of Whitewater, wants to send postcards and flyers urging his fellow residents to vote against the referendum.
Under Wisconsin law, Mr. Hatchett cannot participate in these activities without first registering and including a disclaimer on his materials. Mr. Hatchett filed suit arguing that these laws violate his First Amendment right to free speech.
James Bopp, Jr., an attorney representing Mr. [Hatchett] states: “these overreaching campaign finance laws remain in force even after a federal judge has ruled that they are unconstitutional in situations like this. Individuals in Wisconsin still can’t send a post card concerning a referendum in their own town without registering and filing reports with the state.”
The case is titled Hatchett v. Eich. Mr. Hatchett has asked for a temporary restraining order that would allow him to immediately undertake his activities without complying with the challenged laws.
A copy of the Complaint and Motion for Preliminary Injunction will be available at the James Madison Center’s website www.jamesmadisoncenter.org.
James Bopp, Jr. has a national campaign finance and election law practice with Bopp, Coleson & Bostrom. He is General Counsel for the James Madison Center for Free Speech.
Here’s a copy of the federal complaint: Hatchett v. Eich, et al.
Here’s a copy of the court’s temporary restraining order/preliminary injunction: Decision and Order.
From the Decision and Order:
…the renewed motion seems unnecessary in light of the defendants’ concession that the laws are unconstitutional as applied to Mr. Hatchett and that they will not be enforced. However, Mr. Hatchett insists that he wants legal relief to ensure that he will not be prosecuted. Under the unique circumstances presented here, injunctive relief can be entered to ensure that the laws are not enforced. The standards for injunctive relief are satisfied. Judge Stadtmueller’s ruling in Swaffer illustrates that Hatchett is likely to succeed on the merits. 610 F. Supp. 2d at 969-70 (finding §§ 11.23 and 11.30, Wis. Stats., unconstitutional as applied to plaintiff’s use of postcards and yardsigns in opposition to referendum regarding liquor sales in Whitewater).
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY ORDERED THAT:
1. Hatchett’s motion for a preliminary injunction [D. 8] is GRANTED; and
2. The defendants are ENJOINED from enforcing the provisions of §§ 11.23 and 11.30, Wis. Stats., against Hatchett in relation to his advocacy regarding the April 6 referendum in the Town of Whitewater.Dated at Milwaukee, Wisconsin, this 31st day of March, 2010.
SO ORDERED,
s/ Rudolph T. Randa
HON. RUDOLPH T. RANDA U.S. District Judge
For more on the Swaffer case, also involving the Town of Whitewater, see Free Speech for the Town of Whitewater.