LOD: Lobbyist-Donor Ban Upheld

The US Fourth Circuit Court of Appeals today upheld North Carolina’s year-round ban on registered lobbyists making campaign contributions to state candidates. Previously, NC had a ban while the General Assembly was in session, but after the fiasco involving then-Speaker Jim Black, the legislature expanding the prohibition to cover 24/7, 365 days a year. Democracy North Carolina and Common Cause-NC led the fight for a package of lobbying and campaign finance reforms during that crucial 2005-2006 period, along with excellent leadership inside the Building from Rep. Joe Hackney and a number of other legislators. Some of us were not sure the total ban would hold up, but the Court today affirmed the district court’s opinion: “Applying the ‘closely drawn’ standard of scrutiny that we conclude is applicable to such contribution restrictions, we hold that the statute is constitutional, both facially and as applied to Preston [the plaintiff], as a valid exercise of North Carolina’s legislative prerogative to address potential corruption and the appearance of corruption in the State.”