State of Elections

William & Mary Law School | Election Law Society

Tag: freedom of speech

“War Chests” and Political Spending in Massachusetts: Are Unions and Corporations Similarly Situated?

By Allison Davis

In March of 2015, two family-owned companies headquartered in Massachusetts filed suit in state court challenging certain provisions of Massachusetts’ campaign finance laws. The provisions in question prohibit corporations and corporate PACs from contributing to candidates or political party committees, but permit labor unions and their PACs to directly contribute up to $15,000 per calendar year to candidates or parties. According to the plaintiffs’ complaint (filed as 1A Auto, Inc. v. Sullivan), this law represents a “lopsided ban” that stifles First Amendment-protected speech and associational rights for corporations. Additionally, the plaintiffs allege that the law violates the Equal Protection Clause of the Fourteenth Amendment to the Constitution by granting unions and their PACs a privilege that is forbidden to their corporate counterparts. Continue reading

Lawsuit Challenges New Hampshire Ban on “Ballot Selfies”

By Sarah Graffam

In a recent lawsuit, the New Hampshire Civil Liberties Union challenged a law that prohibits the posting of photos of marked ballots on social media. The NHCLU states, “there is no more potent way to communicate one’s support for a candidate than to voluntarily display a photograph of one’s marked ballot depicting one’s vote for that candidate.” NH RSA 659:35(I) bans a person from displaying a photograph of a market ballot, including on the internet through social media platforms like Twitter, Facebook, and Instagram. A willful violation of this statute may be punishable by a fine up to $1,000. Continue reading

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