Santa Fe Campaign Disclosure Ordinance Ruled Constitutional - State and Federal Communications

January 31, 2020  •  

Santa Fe Campaign Disclosure Ordinance Ruled Constitutional

A federal judge in New Mexico ruled on January 30 that a Santa Fe ordinance requiring disclosure of campaign spending more than $250 on a ballot proposition is constitutional.

Santa Fe Campaign Code 9-2.6, passed in 2015, states that a person or entity spending $250 or more in support or defeat of a ballot proposition must disclose all expenditures made and contributions received with the city clerk.

Senior U.S. District Court judge Judith C. Herrera’s ruling stems from a 2017 lawsuit brought by nonprofit Rio Grande Foundation.

The suit claimed that disallowing anonymous donations to the foundation was an infringement on free speech.

While the foundation argued that anonymity protects donors from potential harassment from those who disagree with the issues being advocated, the judge found that the disclosure requirements of the ordinance serve substantial governmental interests.

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