A voter guide that gives information on where political candidates stand on certain issues is subject to state campaign spending laws, U.S. District Judge Susan Oki Mollway ruled yesterday. State campaign law
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By Debra Barayuga
dbarayuga@starbulletin.comMollway denied a temporary restraining order sought by Hawaii Right to Life to prevent the agency from enforcing campaign spending reporting requirements.
The nonprofit political advocacy group sued the commission Tuesday, noting that Hawaii law defines "electioneering communications" so broadly that it regulates advocacy on issues, which is unconstitutional, said Randy Elf, an attorney with the James Madison Center for Free Speech in Terre Haute, Ind. The center filed suit on behalf of the plaintiffs.
Hawaii Right to Life said it wanted to engage in issue advocacy by running radio ads and distributing fund-raising letters with voter guides containing information on where candidates stood on physician-assisted suicide, a hot topic in the last legislative session.
Mollway determined that what the group intended to distribute was "express advocacy," or advocacy on candidates, because it identified candidates who voted a certain way and was directed to an audience of pro-life supporters, said Deputy Attorney General Russell Suzuki, who argued on behalf of the Campaign Spending Commission. On that basis, Mollway ruled the statute did not violate the group's constitutional rights, he said.
Suzuki said the 9th U.S. Circuit Court of Appeals set the standard for advocacy on candidates, concluding that the message should be viewed in its entire context. Even if the message does not say "vote for," "elect," support," "vote against" or "reject," but it implies that a person should vote a certain way, then it is express advocacy, Suzuki said.
Hawaii Right to Life can still seek a permanent injunction and seek a trial if the court agrees it can prevail.
