NATIONAL ORGANIZATION FOR MARRIAGE v. McKEE

Nos. 10-2000, 10-2049.

649 F.3d 34 (2011)

NATIONAL ORGANIZATION FOR MARRIAGE, Plaintiff, Appellant/Cross-Appellee, American Principles in Action, Plaintiff, v. Walter F. McKEE, in his official capacity as member of the Commission on Governmental Ethics and Election Practices, et al., Defendants, Appellees/Cross-Appellants, Matthew Dunlap, in his official capacity as Secretary of the State of Maine, Defendant.

United States Court of Appeals, First Circuit.

Decided August 11, 2011.


Attorney(s) appearing for the Case

James Bopp, Jr. , with whom Randy Elf , Joseph A. Vanderhulst , James Madison Center for Free Speech, Stephen C. Whiting , and The Whiting Law Firm were on brief, for appellant/cross-appellee.

Thomas A. Knowlton , Assistant Attorney General, with whom Janet Mills , Attorney General, and Phyllis Gardiner , Assistant Attorney General, were on brief, for appellees/cross-appellants.

Lisa J. Danetz , Brenda Wright , DEMOS, and John Brautigam on brief for Maine Citizens for Clean Elections, amicus curiae.

Before TORRUELLA, BOUDIN, and LIPEZ, Circuit Judges.


LIPEZ, Circuit Judge.

This appeal requires us to address the constitutionality of several Maine election laws governing, inter alia, the registration of political action committees ("PACs") and the disclosure and reporting of information about expenditures made for election-related advocacy.1 Appellant National Organization for Marriage ("NOM"), a New Jersey-based nonprofit corporation organized for the purpose of providing "organized...

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