PUBLIC INFORMATION -- Acting on behalf of supporters of Proposition 8 who have experienced various acts of harassment by the measure's opponents, the ProtectMarriage.com-Yes on 8 committee today filed a challenge in federal court in Sacramento to the constitutionality of California’s campaign finance laws that compel identification of larger ballot measure campaign donors.

The suit alleges that California’s Political Reform Act is unconstitutional on numerous grounds:
  • The right of contributors to exercise their First Amendment rights free from threats, harassment and reprisals outweighs the state’s interest in compelled disclosure.
  • The Act’s requirements that committees report all contributors of $100 or more is unconstitutionally overbroad in violation of the First Amendment because it is not narrowly tailored to serve a compelling government interest.
  • The Act’s requirement for ballot measure committees to file any reports after the election is unconstitutional under the First Amendment because it is not narrowly tailored to serve a compelling government interest.
  • The Act is unconstitutional under the First Amendment because it does not contain a mechanism for purging all reports related to a ballot measure after the election has occurred.