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121605P.pdf   06/13/2013  Iowa Right To Life Committee  v.  Megan Tooker
   U.S. Court of Appeals Case No:  12-1605
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Benton, Author, with Smith and Melloy, Circuit Judges]
Civil case - Campaign Financing. Please see the opinion text for further details of the court's ruling in this challenge to the constitutionality of several Iowa campaign-finance laws, an administrative rule and two related forms. Plaintiff lacked standing to challenge the definitions under Iowa Code subsections 96A.102(18) and 68A.402(9); certain provisions of statutory sections, an Iowa Code Administrative rule and Form Ind-Exp-O are constitutional as applied to plaintiff and groups whose major purpose is not nominating or electing candidates, while other sentences of the statute, rule and Form DR-3 are unconstitutional as applied to plaintiff and such groups; Iowa Code section 68A.503 is constitutional under the First and Fourteenth Amendments; plaintiff has standing to challenge under the First Amendment Iowa Code subsections 68A.404(2)(a-b) and 68.404(5)(g); plaintiff has standing to challenge under the Fourteenth Amendment whether those sections impose content-based restrictions that violate its right to equal protection; Subsections 68A.404(2)(a-b) are constitutional under the Equal Protection Clause insofar as they do not differentiate between similarly situated speakers; the clause "of the corporation" in Iowa Code subsections 68A.404(5)(g) and the clause "if the organization making the expenditure is a corporation" in Form Ind-Exp-O are unconstitutional under the Fourteenth Amendment. On remand, the district court should consider severability. Judge Melloy, concurring.