I am in the process of restarting my McIntyre project, to monitor and enforce state compliance with the McIntyre and Talley decisions.
Here is a dump of some notes I took yesterday while blogger was down for awhile.
Some of my older notes can be found in the archives of majors.blogspot.com, which I'll need to review.
mcintyre manifesto notes
50 states, scalia note two,
green mountain future
cases after talley
cases after mcintyre
cases after citizens united.
cases after (this most recent case.)
michigan - I didn't find anything.
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
infamous footnote 2
2 See Ala. Code §17-22A%13 (Supp. 1994); Alaska Stat. Ann. §15.56.010 (1988); Ariz. Rev. Stat. Ann. §16-912 (Supp. 1994); Ark. Code Ann. §7-1-103 (1993); Colo. Rev. Stat. §1-13-108 (Supp. 1994); Conn. Gen. Stat. §9-333w (Supp. 1994); Del. Code Ann., Tit. 15, §§8021, 8023 (1993); Fla. Stat. §§106.143 and 106.1437 (1992); Ga.Code Ann. §21-2-415 (1993); Haw. Rev. Stat. §11-215 (1988); Idaho Code §67-6614A (Supp. 1994); Ill. Comp. Stat. §5/29-14 (1993); Ind. Code §3-14-1-4 (Supp. 1994); Iowa Code §56.14 (1991); Kan. Stat. Ann. §§25-2407 and 25-4156 (Supp. 1991); Ky. Rev. Stat. Ann. §121.190 (Baldwin Supp. 1994); La. Rev. Stat. Ann. §18:1463 (West Supp. 1994); Me. Rev. Stat. Ann., Tit. 21-A, §1014 (1993); Md. Ann. Code, Art. 33, §26-17 (1993); Mass. Gen. Laws §41 (1990); Mich. Comp. Laws Ann. §169.247 (West 1989); Minn. Stat. §211B.04 (1994); Miss. Code Ann. §23-15-899 (1990); Mo. Rev. Stat. §130.031 (Supp. 1994); Mont. Code Ann. §13-35-225 (1993); Neb. Rev. Stat. §49-1474.01 (1993); Nev. Rev. Stat. §294A.320 (Supp. 1993); N. H. Rev. Stat. Ann. §664:14 (Supp. 1992); N. J. Stat. Ann. §19:34-38.1 (1989); N. M. Stat. Ann. §§1-19-16 and 1-19-17 (1991); N. Y. Elec. Law §14-106 (McKinney 1978); N. C. Gen. Stat. §163-274 (Supp. 1994); N. D. Cent. Code §16.1-10-04.1 (1981); Ohio Rev. Code Ann. §3599.09(A) (1988); Okla. Stat., Tit. 21, §1840 (Supp. 1995); Ore. Rev. Stat. §260.522 (1991); 25 Pa. Cons. Stat. §3258 (1994); R. I. Gen. Laws §17-23-2 (1988); S. C. Code Ann. §8-13-1354 (Supp. 1993); S. D. Comp. Laws Ann. §12-25-4.1 (Supp. 1994); Tenn. Code Ann. §2-19-120 (Supp. 1994); Tex. Elec. Code Ann. §255.001 (Supp. 1995); Utah Code Ann. §20-14-24 (Supp. 1994); Vt. Stat. Ann., Tit. 17, §2022 (1982); Va. Code Ann. §24.2-1014 (1993); Wash. Rev. Code §42.17.510 (Supp. 1994); W. Va. Code §3-8-12 (1994); Wis. Stat. §11.30 (Supp. 1994); Wyo. Stat. §22-25-110 (1992).
Courts have declared some of these laws unconstitutional in recent years, relying upon our decision in Talley v. California, 362 U.S. 60(1960). See, e.g., State v. Burgess, 543 So. 2d 1332 (La. 1989); Statev. North Dakota Ed. Assn., 262 N. W. 2d 731 (N. D. 1978); People v.Duryea, 76 Misc. 2d 948, 351 N. Y. S. 2d 978 (Sup.), aff'd, 44 App. Div. 2d 663, 354 N. Y. S. 2d 129 (1974). Other decisions, including all pre-Talley decisions I am aware of, have upheld the laws. See, e.g.,Commonwealth v. Evans, 156 Pa. Super. 321, 40 A. 2d 137 (1944);State v. Freeman, 143 Kan. 315, 55 P. 2d 362 (1936); State v. Babst, 104 Ohio St. 167, 135 N. E. 525 (1922).
Alabama § 17-5-12 - Paid advertisements to be identified as such
Any paid political advertisement appearing in any print media or broadcast on any electronic media shall be clearly identified or marked as a paid political advertisement and provide the identification required by Section 17-5-2(a)(5). It shall be unlawful for any person, candidate, principal campaign committee, or political action committee to broadcast, publish, or circulate any campaign literature or political advertisement, without a notice appearing on the face or front page of any printed matter, or broadcast at the beginning or end of a radio or television spot, stating that the communication was a paid political advertisement and giving the identification of the person, principal campaign committee, or political action committee that paid for or otherwise authorized such communication.
Alaska none? repealed
Arizona
Arkansas POLITICAL PRACTICES PLEDGE
[ACA §§7-6-102, 7-7-305]
Candidatesfor political party nomination for state, district, county, municipal, and
township office, as well as independent and school board candidates are required to file a
political practices pledge stating that he or she is familiar with the requirements of Ark. Code
Ann. §§ 7-1-103, 7-1-104, 7-3-108, and 7-6-101 through 7-6-104, and will in good faith, comply
with their terms.
POLITICAL PRACTICES PLEDGE
[ACA §§7-6-102, 7-7-305]
Candidatesfor political party nomination for state, district, county, municipal, and
township office, as well as independent and school board candidates are required to file a
political practices pledge stating that he or she is familiar with the requirements of Ark. Code
Ann. §§ 7-1-103, 7-1-104, 7-3-108, and 7-6-101 through 7-6-104, and will in good faith, comply
with their terms.
(h) All articles, statements, or communications appearing in any newspaper printed or circulated in this
state intended or calculated to influence the vote of any elector in any election and for the publication
of which a consideration is paid or to be paid shall clearly contain the words “Paid Political
Advertisement”, “Paid Political Ad”, or “Paid for by” the candidate, committee, or person who paid for
the message. Both the persons placing and the persons publishing the articles, statements, or
communications shall be responsible for including the required disclaimer. In addition, all articles,
statements, or communications appearing in any radio, television, or any other electronic medium
intended or calculated to influence the vote of any elector in any election and for the publication of
which a consideration is paid or to be paid shall clearly contain the words “Paid Political
Advertisement” or “Paid Political Ad” or “Paid for by”, “Sponsored by”, or “Furnished by” the true
sponsor of the advertisement. Both the persons placing and the persons publishing the articles,
statements, or communications shall be responsible for including the required disclaimer.58
58 Ark. Code Ann. § 7-1-103(a)(7).
(h) All articles, statements, or communications appearing in any newspaper printed or circulated in this state intended or calculated to influence the vote of any elector in any election and for the publication of which a consideration is paid or to be paid shall clearly contain the words “Paid Political Advertisement”, “Paid Political Ad”, or “Paid for by” the candidate, committee, or person who paid for the message. Both the persons placing and the persons publishing the articles, statements, or communications shall be responsible for including the required disclaimer. In addition, all articles, statements, or communications appearing in any radio, television, or any other electronic medium intended or calculated to influence the vote of any elector in any election and for the publication of which a consideration is paid or to be paid shall clearly contain the words “Paid Political Advertisement” or “Paid Political Ad” or “Paid for by”, “Sponsored by”, or “Furnished by” the true sponsor of the advertisement. Both the persons placing and the persons publishing the articles, statements, or communications shall be responsible for including the required disclaimer.
(h) All articles, statements, or communications appearing in any newspaper printed or circulated in this state intended or calculated to influence the vote of any elector in any election and for the publication of which a consideration is paid or to be paid shall clearly contain the words “Paid Political Advertisement”, “Paid Political Ad”, or “Paid for by” the candidate, committee, or person who paid for the message. Both the persons placing and the persons publishing the articles, statements, or communications shall be responsible for including the required disclaimer. In addition, all articles, statements, or communications appearing in any radio, television, or any other electronic medium intended or calculated to influence the vote of any elector in any election and for the publication of which a consideration is paid or to be paid shall clearly contain the words “Paid Political Advertisement” or “Paid Political Ad” or “Paid for by”, “Sponsored by”, or “Furnished by” the true sponsor of the advertisement. Both the persons placing and the persons publishing the articles, statements, or communications shall be responsible for including the required disclaimer.
ARKANSAS ETHICS COMMISSION
910 West Second Street, Suite 100
Post Office Box 1917
Little Rock, AR 72203-1917
(501) 324-9600 or (800) 422-7773
Facsimile (501) 324-9606
California griset, schuster, canon city court, drake, bonjiorni
Colorado
1-45-108.3 Issue committees - disclaimer
(1) An issue committee making an expenditure in excess of one thousand dollars on a communication that supports or opposes a statewide ballot issue or ballot question and that is broadcast by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, or otherwise distributed shall disclose, in the communication produced by the expenditure, the name of the issue committee making the expenditure.
(2) (a) The disclaimer required by subsection (1) of this section shall be printed on the communication clearly and legibly in a conspicuous manner.
(b) If the communication is broadcast on radio, the disclaimer shall be spoken at the beginning or end of the communication.
(c) (I) If the communication is broadcast on television, the disclaimer shall be written or spoken at the beginning or end of the communication. If the disclaimer is written, it shall appear for at least four seconds of any communication broadcast on television.
(II) The written disclaimer required by subparagraph (I) of this paragraph (c) shall appear in the communication in a conspicuous manner.
Phone: (303) 894-2200 ext. 6383
E-mail: cpfhelp@sos.state.co.us
Fax: (303) 869-4861
Address: 1700 Broadway Suite 200
Denver, CO 80290
Web: www.sos.state.co.us
tattered cover case
davidson case?
buckley v aclf
Connecticut
Delaware
