CCP sent comments to the Municipal Securities Rulemaking Board (MSRB) late Monday in an attempt to address the proposed changes to MSRB Rule G-37 and potential unconstitutionality of that rule in light of later decisions such as Citizens United v. FEC and SpeechNow.org v. FEC.
According to the comments written by CCP Legal Director Allen Dickerson:
Expanding Rule G-37s reach to include contributions to support or oppose ballot measures — contributions that the Supreme Court has consistently said enjoy greater First Amendment protections than do contributions directly to candidates — would be a mistake. The current revisions impose burdensome reporting requirements, which is problematic standing alone. But the Board has stated that it is considering a similar ban on contributions to ballot-issue committees. Such a move would compound Rule G-37s existing constitutional weaknesses while doing little to prevent pay-to-pay corruption.
The goal is to remind that Board that ballot issue, ballot measure, and independent expenditure committees enjoy more constitutional protection than candidate committees, and to address the potential to chill volunteer work as it relates to political participation.
