[EL] A side question on "extra-territorial" application -- RE: The need for less disclosure sometimes

[Scarberry, Mark]

Suppose a charity otherwise located outside of Delaware prepared voter guides and mailed them to voters in Delaware. May Delaware force the charity to comply with the Delaware law? Two analogies that come to mind are to the personal jurisdiction cases and the state sales tax cases, but there probably is just an answer that someone knows. This has to have come up with regard to out-of-state electioneering phone banks.

Mark

Mark S. Scarberry
Professor of Law
Pepperdine Univ. School of Law



From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of David Keating
Sent: Sunday, April 06, 2014 7:58 PM
To: Josh Orton; Smith, Brad
Cc: law-election at uci.edu
Subject: Re: [EL] The need for less disclosure sometimes

Actually the comparison with charities is not faulty.  Delaware recently passed a law that requires PAC style disclosures for charities that publish non-partisan voter guides.  It is being defended in part by the Campaign Legal Center.  Our group represents the plaintiff in the case.

The current state of the law there will also require Project Vote Smart or the League of Women Voters to disclose or discontinue its voter guide info too.

David
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