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March 26, 2008
State's election reports at issue
Group wants to run ads without saying who paid

A conservative think tank wants to run television and radio ads targeting West Virginia's upcoming Supreme Court elections, but doesn't want to disclose how much it spends or who is footing the bill.

The Center for Individual Freedom has sued Secretary of State Betty Ireland to challenge West Virginia's "electioneering communications'' laws. Among other provisions, it requires independent campaigns to file periodic reports listing donors and detailing spending.

"The Center's values compel it to avoid speech that is conditioned on reporting and disclosure,'' the group said in U.S. District Court filings. "Moreover, its supporters have been clear that they value their privacy and will curtail support if threatened with reporting and disclosure.''

In the suit, filed Friday in Charleston, the center also seeks a court order by April 21 to block enforcement of the law. The group said it's already begun crafting broadcast ads it wants to air in the weeks leading up to the May 13 state primary.

Among other issues, the center advocates limits on lawsuits and jury damage awards.

"To be clear, but for those laws and the injury they threaten, the Center would be proceeding with its ads right now,'' the group said in its filings.

Ireland is the state's chief elections officer. The federal lawsuit also targets county prosecutors, given their duty to enforce the law.

"As a constitutional officer, Secretary Ireland is sworn to uphold the laws of the state of West Virginia and has forwarded the action to the Attorney General's Office for handling,'' Deputy Secretary of State Sarah Bailey said in a Tuesday statement. "We have also made the Legislature aware of the lawsuit.''

The Legislature enacted most of the targeted provisions in response to advertising during the 2004 Supreme Court race.

Marked by millions of dollars worth of attack ads funded by independent advocacy groups, it ranks as the most expensive court race in state history.

With reports already required of candidates, political action committees and parties, the 2005 legislation applies to most anyone else who "refers to a clearly identified candidate.'' It governs election-time communications, from broadcast and print ads to mass mailings, leaflets or even phone calls.

The group objects to such rules as sweeping, burdensome, intrusive, untailored and vague.

The lawsuit also contests the state's longstanding ban on any "person acting on behalf of any corporation'' to spend corporate money directly on any campaign-related expense.

"As a matter of policy, and because its supporters are not willing to be identified, the Center must either refrain from speaking or accept the risk of punishment if its speech is determined to be subject to regulation,'' the filings said.

The center has filed similar lawsuits in Louisiana and Pennsylvania, alleging at least partial victories in both cases.

It sued the latter state last year, after balking at its reporting requirements while seeking to influence a Supreme Court race there.

Though that federal case remains pending, a Pennsylvania court judge refused a bid to block the center's TV ads because they did not "expressly advocate'' anyone's election or defeat.

The TV spots praised Maureen Lally-Green, but did not mention she was a candidate. The Republican lost in November.

The center's West Virginia filings allege its planned ad campaign would similarly stop short of such advocacy, but would instead "refer to candidates by way of illustration'' and "urge viewers to seek candidate commitment to the Center's positions.''

Four Democrats and one Republican are running for two seats on West Virginia's five-member Supreme Court.

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