AZ: No need for a permit to hold political meetings

We read:

"On Nov. 3, U.S. District Court Judge James A. Teilborg, a Clinton appointee, granted plaintiff Dina Galassini’s motion for preliminary injunction, enjoining the town of Fountain Hills, its officers, agents and employees “from requiring plaintiff and others associating with her to register as a political committee and/or file an exemption form under A.R.S. §§ 16-902.01(A), and to comply with the requirements for political committees contained in A.R.S. 16-902, 904, 912.01(A) and (J), and 924, so that plaintiff may speak and associate with others and hold her protests between now and Nov. 8, 2011.”

Galassini, a community activist and Fountain Hills resident, sent an e-mail to 23 Fountain Hills residents, inviting them to join her at two protests, one on Oct. 10 at the corner of Palisades and Palomino, and one on Oct. 22, at the corner of Saguaro and Avenue of the Fountains, in opposition to the Fountain Hills Special Bond Election on Nov. 8 and asked them to bring signs protesting the bonds.

Galassini suggested slogans for signs such as “Bonds are Bondage,” “Keep Property Taxes Low,” “No to the Ball and Chain Bond,” “Vote NO on the Bond,” and “Vote No on Nov. 8.”

Prior to the planned dates of her protests, Galassini received a letter from Fountain Hills Town Clerk Bevelyn Bender, indicating she had received a copy of Galassini’s e-mail. Bender told Galassini, “[A]lthough an individual acting alone is not a political committee under Arizona law and she need not file a statement of organization, if any individual person or persons join the effort begun by an individual, the association of persons has become a ‘political committee’ under Arizona law, and must file a statement of organization before accepting contributions, making expenditures, distributing literature or circulating petitions.”

Galassini alleged in her complaint that A.R.S. § 16-901(19), which defines “Political committee,” is an unconstitutional burden on her First Amendment rights to freedom of speech and freedom of association.

She also argued the registration, exemption, reporting and disclosure requirements for political committees in Arizona Revised Statutes impose a prior restraint on political speech and association and chill the rights to free speech and association.

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