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ANTI-ABORTION GROUP EXEMPT, JUDGE RULES Hawaii Case Tests New Campaign Law By Elizabeth Wolfe, The Associated Press, Reported in Las Vegas Review Journal, 11-27-02 WASHINGTON - A federal judge Tuesday dealt a setback to the government's effort to enforce the new campaign finance law by ruling the law's restrictions on political advertising did not apply to a Hawaii anti-abortion group. Without ruling on the broader constitutionality of the law, U.S. District Judge Henry Kennedy granted a temporary injunction clearing the way for Hawaii Right to Life to air ads in special congressional elections in its state scheduled for Saturday and for Jan. 4. The group hailed the victory and said it will start airing the ads Wednesday. "It is unbelievable that in America a group that has $8,000 worth in income a year has to come to a federal court to get permission to mention the name of a candidate" in its ads, said James Bopp Jr., a lawyer for the anti-abortion group. The group contends the new restrictions on political ads are unconstitutional and would have prevented it from expressing its views on the elections, but the group won the injunction by focusing on a narrower issue. Kennedy agreed with Hawaii Right to Life and rule it was a "qualified nonprofit group" that by law should be exempt from the government's new political ad limits. He concluded the Federal Election Commission's definition for such nonprofit groups was too narrow. He said the anti-abortion group qualified for the exemption because the group had received only $50 in corporation contributions. The FED had argued Hawaii Right to Life should be treated as a political issue advocacy group covered by the new advertising limitations. The ruling is a setback for the FEC's effort to start the new campaign finance law Congress passed earlier this year. The law, which took effect Nov. 6, puts new limits on political donations and ads. The Hawaii elections are to fill a vacancy created by the death of Democratic Rep. Patsy Mink and are the first conducted under the new law. The FEC said the judge's ruling was narrow and said other courts are considering the broader constitutional issue of the new law. The provision of the new campaign law at issue in the Hawaii case prohibits some interest groups from airing political ads that mention federal candidates during periods close to elections. The law's cornerstone is a ban on unlimited "soft money" contributions from unions, corporations and others to national party committees and the use of soft money in federal elections. WORKING TOGETHER TO ATTAIN FAIRNESS | ||
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