A federal appeals court has given a national group opposed to gay marriage a second chance to challenge New York State’s campaign disclosure laws.
The 2nd Circuit Court of Appeals overturned a lower court ruling that found the National Organization for Marriage’s lawsuit against the State Board of Elections was premature.
The group, which is based in Washington D.C., sued the state in Buffalo federal court in 2010 and argued that some of New York’s campaign spending requirements, including the disclosure of donors’ names, would have a “chilling” effect on its free speech. The group wanted to buy advertisements for then- Republican gubernatorial candidate Carl Paladino.
The appeals court ruled that the case is not moot, despite the fact that the 2010 election is over, and ordered the case returned to U.S. District Judge Richard J. Arcara for further action in federal district court.