This is an archived article that was published on sltrib.com in 2008, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Utah's campaign disclosure law is being put through its first court test as a pro-voucher group is suing Lt. Gov. Gary Herbert's Office, saying the requirement is unconstitutionally vague and violates free speech rights.
The National Right to Work Legal Defense and Education Foundation, Inc., aired television and radio ads during last year's voucher referendum process, offering free legal services to anyone who was illegally coerced into signing petitions supporting the referendum. However, they led the ads with statements that showed they supported the voucher law and were against the effort to overturn it through a ballot question.
State law says that anyone who influences voters must file a disclosure of funds used to do so. The group did not file, and when informed of the need to do so, it refused, arguing that Utah's law is too vague and inhibits free political speech.
"That would make everything campaign-related then, including conversations . . . about political issues," argued James Bopp Jr., who represented the foundation. He said if the ads had clearly told voters to vote for or against vouchers, the foundation would have disclosed its funding.
Assistant Attorney General Thom Roberts, representing Herbert, argued that the advertisements were clearly stating their viewpoint on vouchers, and thus were influencing voters. That means the foundation must disclose the money it spent on the ads.
U.S. District Court Judge Dee Benson said he needed to study more cases dealing with financial disclosures surrounding ballot issues before making a decision.
Bopp and Roberts have until July 15 to file such information, and until Aug. 1 to respond to one another's submissions.