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New York Progress and Protection PAC v. Walsh et al

MEMORANDUM OF LAW in Support re: 3 MOTION for Preliminary Injunction.. Document

35 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 17,492 times   71 Legal Analyses
    Holding that preliminary injunctions "may only be awarded upon a clear showing that the plaintiff is entitled to such relief"

  2. Citizens United v. Fed. Election Comm'n

    558 U.S. 310 (2010)   Cited 1,649 times   72 Legal Analyses
    Holding that disclaimer and disclosure requirements are subject to exacting scrutiny

  3. Elrod v. Burns

    427 U.S. 347 (1976)   Cited 4,297 times   7 Legal Analyses
    Holding that local government could not constitutionally base public employment opportunities on political affiliation or nonaffiliation

  4. Buckley v. Valeo

    424 U.S. 1 (1976)   Cited 3,451 times   41 Legal Analyses
    Holding that a public financing law does not "abridge, restrict, or censor" expression

  5. Federal Election Com'n v. Wisconsin Right to Life, Inc.

    551 U.S. 449 (2007)   Cited 491 times
    Holding that advocacy group's challenge to statute prohibiting certain campaign ads was not moot even though elections had concluded because election cycle was too short to obtain complete judicial review and advocacy group planned to run similar ads in future elections

  6. Ashcroft v. American Civil Liberties Union

    542 U.S. 656 (2004)   Cited 351 times   5 Legal Analyses
    Holding that if a constitutional question underlying a preliminary injunction "is close . . . we should uphold the injunction and remand for trial on the merits"

  7. Arizona Free Enterprise Club's Freedom Club Pac v. Bennett

    564 U.S. 721 (2011)   Cited 201 times   1 Legal Analyses
    Holding no compelling interest in “leveling the playing field” via election funding statute for Free Speech Clause purposes

  8. Salinger v. Colting

    607 F.3d 68 (2d Cir. 2010)   Cited 620 times   7 Legal Analyses
    Holding that eBay applies “with equal force” to preliminary injunctions in copyright cases

  9. Federal Election Commission v. National Conservative Political Action Committee

    470 U.S. 480 (1985)   Cited 258 times
    Holding that a federal statute empowered the Democratic National Committee to file a lawsuit but not the Democratic Party of the United States

  10. Citizens Against Rent Control v. Berkeley

    454 U.S. 290 (1981)   Cited 276 times
    Rejecting the argument that a limit on contributions to committees formed to support or oppose ballot measures was necessary "to make known the identity of supporters and opponents" of such measures, given that another provision of the ordinance "requires publication of lists of contributors in advance of the voting"

  11. Section 431 - Transferred

    2 U.S.C. § 431   Cited 471 times   2 Legal Analyses
    Exempting news stories, commentaries, and editorials from FECA's definition of "expenditure"

  12. Section 527 - Political organizations

    26 U.S.C. § 527   Cited 73 times   10 Legal Analyses
    Subjecting 501(c) organizations to income tax for campaign activities

  13. Section 14-100 - Definitions

    N.Y. Elec. Law § 14-100   Cited 32 times

    As used in this article: 1. "political committee" means any corporation aiding or promoting and any committee, political club or combination of one or more persons operating or co-operating to aid or to promote the success or defeat of a political party or principle, or of any ballot proposal; or to aid or take part in the election or defeat of a candidate for public office or to aid or take part in the election or defeat of a candidate for nomination at a primary election or convention, including

  14. Section 14-114 - Contribution and receipt limitations

    N.Y. Elec. Law § 14-114   Cited 20 times   1 Legal Analyses

    1. The following limitations apply to all contributions to candidates for election to any public office or for nomination for any such office, or for election to any party positions, and to all contributions to political committees working directly or indirectly with any candidate to aid or participate in such candidate's nomination or election, other than any contributions to any party committee or constituted committee: a. In any election for a public office to be voted on by the voters of the

  15. Section 3-104 - State board of elections; enforcement powers

    N.Y. Elec. Law § 3-104   Cited 16 times
    Granting the State Board responsibility for "statutes governing campaigns, elections and related procedures"

  16. Section 14-126 - Violations; penalties

    N.Y. Elec. Law § 14-126   Cited 15 times   1 Legal Analyses

    1.[Multiple versions] (a) Any person who fails to file a statement required to be filed by this article shall be subject to a civil penalty, not in excess of one thousand dollars, to be recoverable in a special proceeding or civil action to be brought by the chief enforcement counsel. Any person who, three or more times within a given election cycle for such term of office, fails to file a statement or statements required to be filed by this article, shall be subject to a civil penalty, not in excess

  17. Section 14-104 - Statements of campaign receipts, contributions, transfers and expenditures by and to candidates

    N.Y. Elec. Law § 14-104   Cited 5 times

    1. Any candidate for election to public office, or for nomination for public office at a contested primary election or convention, or for election to a party position at a primary election, shall file statements sworn, or subscribed and bearing a form notice that false statements made therein are punishable as a class A misdemeanor pursuant to section 210.45 of the penal law, at the times prescribed by this article setting forth the particulars specified by section -102 of this article, as to all

  18. Section 14-112 - Political committee authorization statement

    N.Y. Elec. Law § 14-112   Cited 4 times

    Any political committee aiding or taking part in the election or nomination of any candidate, other than a political action committee, shall file, in the office in which the statements of such committee are to be filed pursuant to this article, either a sworn verified statement by the treasurer of such committee that the candidate has authorized the political committee to aid or take part in his election or that the candidate has not authorized the committee to aid or take part in his election. N