New York judge rejects NOM’s election suit

October 26, 2010

Story by Carolyn Thompson of the Associated Press posted on washingtonpost.com:

"A federal judge on Monday rejected a challenge to state election law brought by a group that opposes the freedom to marry and supports Republican candidate for governor, Carl Paladino.

"The Washington, D.C.-based National Organization for Marriage argued last week that it should be allowed to run ads for Paladino, who has railed against marriage equality, without reporting donors' names or adhering to other election law requirements governing political committees.

"U.S. District Judge Richard Arcara dismissed the lawsuit as premature because state elections officials haven't classified the organization as a political committee. The judge added there was 'at least a notable chance' it would not meet the definition.

"National Organization for Marriage attorney Randy Elf said the group filed a motion in response asking the judge to reconsider. Elf said there's no doubt that the ads NOM wants to run, telling voters to vote for Paladino, will define it as a political committee and that the legal action was meant to head off the classification to begin with.

"New York Board of Elections spokesman John Conklin agreed that the National Organization for Marriage would probably be considered a political committee if it went ahead with its plans.

"'I can't say for sure because they haven't done anything yet,' Conklin said. 'Based on what they said they were doing, in the abstract, if a committee is engaging in those types of activities, typically they would be a political committee under New York state law.'

"He said, 'Our goal is for transparency in the election process so we would want them to make filings with us.'

"The lawsuit had asked the judge to declare the political committee definition unconstitutional because it would interfere with NOM's free speech rights by imposing so many burdens that it wouldn't be worth it to NOM to run the ads.

"New York requires a political committee to register its treasurer and bank and submit periodic disclosure reports.

"NOM, a major financial backer of campaigns opposing marriage for same-sex couples, has said it wants to use radio and TV ads and direct mailing in governor races and legislative elections in New York and elsewhere. It's pursuing similar legal challenges in several other states."

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