Moderate Party of Rhode Island v. Lynch et al

Filing 14

ORDER denying 2 Motion for TRO; denying 2 Motion for Preliminary Injunction; granting 11 Motion for Summary Judgment; denying 12 Motion for Summary Judgment. So Ordered by Judge William E. Smith on 8/13/10. (Jackson, Ryan)

UNITED STATES DISTRICT COURT DISTRICT OF RHODE ISLAND ________________________________________ ) MODERATE PARTY OF RHODE ISLAND, ) Plaintiff, ) ) vs. ) C.A. No. 10-265 S ) PATRICK C. LYNCH, in his official ) capacity as Attorney General for the ) State of Rhode Island, and FRANK ) CAPRIO, in his official capacity as ) General Treasurer of the State of Rhode ) Island, ) Defendants. ) ________________________________________) ORDER WILLIAM E. SMITH, United States District Judge. In this case, Plaintiff Moderate Party of Rhode Island

brings a constitutional challenge to Chapter 30 of Title 44 of the Rhode Island General Laws, which creates a tax credit for contributions to the "public financing of the electoral system." R.I. Gen. Laws § 44-30-2(d). Under the law, taxpayers may

either designate a political party to receive the donation, or specify that it should go into a "nonpartisan account." 44-30-2(d)(1). money to Id. §

In the latter case, the state distributes the parties in proportion to the votes they

political

garnered in the most recent gubernatorial election. 44-30-2(d)(2). Plaintiff asserts that this system

See id. § unfairly

burdens political parties established too recently to have been on the ballot in the last election, and therefore violates the

Equal Protection clause of the Fourteenth Amendment, as well as the First Amendment. Plaintiff moved for a preliminary injunction preventing the state from distributing last year's donations on September 1, 2010, as required by the law. In response, Defendant Frank

Caprio, state Treasurer, moved for summary judgment, primarily on grounds that § 44-30-2(d)(2) is constitutional, and asked that the Complaint therefore be dismissed.1 Plaintiff then

cross-moved for summary judgment.

On August 5, 2010, the Court

held a consolidated hearing on the motions for a preliminary injunction and for summary judgment. At the close of the

hearing, the Court informed the parties that, because time is of the essence, it intended to issue its ruling on all pending motions in short order, and to publish an opinion setting forth a more thorough explanation of the reasons in due course. The Court concludes that Plaintiff has not carried its

burden to prove that § 44-30-2(d)(2) violates the Constitution. Accordingly, (1) Plaintiff's motion for a preliminary injunction is

hereby DENIED; (2) Plaintiff's DENIED; and Since filing the Complaint, Plaintiff has agreed to voluntarily dismiss Defendant Patrick C. Lynch, Attorney General of Rhode Island, from the case.
1

motion

for

summary

judgment

is

also

2

(3)

Defendant's GRANTED.

motion

for

summary

judgment

is

hereby

Plaintiff's Complaint therefore shall be dismissed.

Judgment

shall not enter in favor of Defendant until the Court issues its opinion setting forth the full legal analysis supporting its rulings. IT IS SO ORDERED.

/s/ William E. Smith
William E. Smith United States District Judge Date: August 13, 2010

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