Thursday, April 09, 2020
Hawai'i Free Press

Current Articles | Archives

Tuesday, August 18, 2015
Campaign Spending: A-1 A-Lectrician Appeals to US Supreme Court
By Selected News Articles @ 4:49 PM :: 2940 Views :: Ethics

Breaking: Hawaii campaign spending case Yamada v. Snipes (A-1 A-Lectrician, Inc) petitions Supreme Court to hear appeal

by Larry Geller, Disappeared News, August 17, 2015

Yamada v. Snipes, the case originally heard by Judge J. Michael Seabright in Hawaii District Court as Yamada Et Al. v. Kuramoto Et Al, also referred to as the A-1 A-Electrician case (1:10-cv-00497-JMS-LEK), may be headed for the Supreme Court. The case concerns disclosure of campaign contributions and the burden or ban on political contributions under various Hawaii laws, and reimbursement of some of the attorneys’ fees.

The Hawaii defendants are members of the Campaign Spending Commission.

A petition for a writ of certiorari is a request to have the Supreme Court agree to hear a case. If it is not accepted, the ruling of the 9th Circuit would stand. The circuits are divided on similar cases, as the petition notes, and so the Court may be somewhat inclined to resolve the differences by taking up one case brought to it.

According to Jamestown, New York attorney Randy Elf, one of the plaintiff attorneys, the petition raises all of A-1’s claims except the as-applied government-contractor-contribution-ban claim.

Here are the opening paragraphs of the petition, with citations stripped out.

Citizens United v. FEC establishes that registration, recordkeeping, and extensive and ongoing reporting are “onerous” organizational and administrative political-committee burdens, while Buckley v. Valeo allows government to trigger political-committee burdens only for “organizations” that (a) are “under the control of ” candidates or (b) have “the major purpose” of “nominating or electing” candidates. But circuits are split over whether another part of Citizens United which approved nonpolitical-committee, i.e., simple, one-time event-driven reports for “electioneering communications,” allows state governments to trigger such PAC-like organizational and administrative burdens regardless of whether the organization is “under the control of ” a candidate or has Buckley’s “major purpose.”

Petitioner A-1 A-Lectrician, Inc. (“A-1”), a large for-profit electrical-construction organization, is not “under the control of ” any candidate(s) and does not have “the major purpose” under Buckley. Nevertheless, Hawaii law triggers PAC-like organizational and administrative burdens for A-1 if it spends more than $1000 on vaguely-described expenditures for the purpose of influencing the nomination or election of any candidate to office, or for or against any question or issue on the ballot.

The petition is posted below, and is a complete, clear and easy-to-read explanation of the plaintiff’s reasoning. It is, however, 270 pages long because it includes appendices with the prior decisions and all of the detailed work needed to convince the Supreme Court to accept the case.

You can also find details of the legislative process behind these bills. It is very rich and detailed.

Did I say easy-to-read? The document is, however, very detailed and bristles with citations, of necessity. So no, not too many Disappeared News readers will challenge themselves to read this document.

The case is so significant that the record should be available to those who are interested. If the Supreme Court takes up the case, we’ll eventually hear their ruling on Hawaii’s campaign spending laws that the plaintiffs are challenging. A Supreme Court ruling will be easier to understand than the briefs they consider in reaching their conclusion.

Should the writ be accepted, there will be oral arguments which the media will analyze to divine the possible outcome of the case.

I won’t summarize the petition because I’m not equipped to do so. Perhaps Courthouse News will write it up. If they do, I’ll link to their article. My prior articles are here.

Do not rely on this copy of the legal document. It is posted here for educational purposes only.

LINK: Download Yamada v. Snipes Petition for Writ of Certiorari from Disappeared News

---30---

This work is licensed under a Creative Commons Attribution Non-commercial Share Alike license.

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

ALEC

Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Habele.org

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop 

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube

HPACC

Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT