Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 1 of 17

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA _________________________________________ ) ) ) ) Plaintiff, ) ) v. ) LOUISIANA BOARD OF ETHICS; M. BLAKE ) MONROSE, in his official capacity as Chair of ) ) the Louisiana Board of Ethics; JULIE E. BLEWER, in her official capacity as Vice Chair ) ) of the Louisiana Board of Ethics; TERRY ) BACKHAUS, in his official capacity as Board ) Member of the Louisiana Board of Ethics; ) CHARLES EMILE BRUNEAU, JR., in his ) official capacity as Board Member of the Louisiana Board of Ethics; JEAN INGRASSIA, ) in her official capacity as Board Member of the ) ) Louisiana Board of Ethics; WILLIAM J. ) LARZELERE JR., in his official capacity as Board Member of the Louisiana Board of Ethics; ) ) LOUIS LEGGIO, in his official capacity as Board Member of the Louisiana Board of Ethics; ) STEVE LEMKE, in his official capacity as Board ) Member of the Louisiana Board of Ethics; BOB ) ) MCANELLY, in his official capacity as Board ) Member of the Louisiana Board of Ethics; ASHLEY KENNEDY SHELTON, in her official ) capacity as Board Member of the Louisiana Board ) of Ethics; GROVE STAFFORD, in his official ) capacity as Board Member of the Louisiana Board ) ) of Ethics, ) ) Defendants. _________________________________________ ) THE FUND FOR LOUISIANAS FUTURE,

CIVIL ACTION NO.: 14-368

JUDGE:__________________________

MAG. JUDGE:____________________

VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ORAL ARGUMENT REQUESTED

VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiff The Fund for Louisianas Future (FFLF), through its undersigned attorneys, brings this civil action against Defendants the Louisiana Board of Ethics (the Board), M. Blake

PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 2 of 17

Monrose, in his official capacity as Chair of the Board; Julie E. Blewer, in her official capacity as Vice Chair of the Board; Terry Backhaus, Charles Emile Bruneau, Jr., Jean Ingrassia, William J. Larzelere Jr., Louis Leggio, Steve Lemke, Bob McAnelly, Ashley Kennedy Shelton, and Grove Stafford, in their official capacities as Members of the Board, and alleges as follows: I. NATURE OF THE ACTION 1. This is a civil action for declaratory and injunctive relief arising under the First

and Fourteenth Amendments to the Constitution of the United States. It challenges the constitutionality of a provision of the Louisiana Election Code (the Code) that limits the amount of money that political committees may accept from various sources. Specifically, La. R.S. 18:1505.2(K) of the Code bars a political committee, including those that, like FFLF, only making independent expenditures, from accepting more than $100,000 over a four year period (the Quadrennial Limit) from a person. La. R.S. 18:1505.2(K). 2. Under the challenged provision of the Code, FFLF is prohibited from accepting

contributions from a person in excess of the States Quadrennial Limit of $100,000 applicable to state political committees. This contribution limit impairs FFLFs political speech by depriving FFLF of funding to finance its independent expenditures. 3. As applied to FFLF, the Codes contribution limit serves no legitimate

governmental interest and is neither narrowly tailored nor closely drawn to further such an interest, and therefore violates FFLFs rights to freedom of speech and freedom of association under the First and Fourteenth Amendments to the Constitution of the United States. 4. FFLF seeks a preliminary injunction against the enforcement of La. R.S.

18:1505.2(K) so that it may begin to solicit and accept contributions in excess of the Quadrennial Limit in advance of Louisianas local and state elections on April 5, 2014.

[2]
PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 3 of 17

5.

Consistent with constitutional principles, FFLF further seeks a permanent

injunction against the enforcement of La. R.S. 18:1505.2(K) as applied to contributions to political committees making only independent expenditures. II. THE PARTIES 6. Plaintiff FFLF is an independent expenditure-only political action committee that

is registered with the Louisiana Supervisory Committee on Campaign Finance Disclosure (the Supervisory Committee) as a state political committee. It is dedicated to influencing Louisiana elections through the use of independent expenditures. Its principal place of business is 6048 Marshall Foch Street, New Orleans, LA 70124. 7. Defendant Louisiana Board of Ethics is a state board established pursuant to La.

R.S. 42:1132 with a principal place of business of 617 North Third Street, LaSalle Building, Suite 10-36, Baton Rouge , LA 70802. Among other responsibilities, La. R.S. 18:1511.1(A) charges the Board with the administration and enforcement of the provisions of Chapter 11, Election Campaign Finance, of the Code. Under La. R.S. 18:1511.1(A), the Board functions as the Supervisory Committee and the Members of the Board constitute the Supervisory Committee. The Board may render an advisory opinion concerning the application of a general provision of the Code. In addition, the Board may render an opinion in response to a request by any public official, any candidate for public office, any political committee, or the committee may render an advisory opinion on its own initiative. La. R.S. 18:1511.2(B). The Boards duties in enforcing Chapter 11 of the Code are executed by the Defendants in this case. 8. Defendant M. Blake Monrose is Chair of the Board and was selected to the Board

pursuant to La. R.S. 42:1132(B). As a Member of the Board, his powers and duties include, among other things, the administration and enforcement of the campaign finance provisions of

[3]
PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 4 of 17

the Code. He acts under color of law and is sued in his official capacity. 9. Defendant Julie E. Blewer is Vice Chair of the Board and was selected to the

Board pursuant to La. R.S. 42:1132(B). As a Member of the Board, her powers and duties include, among other things, the administration and enforcement of the campaign finance provisions of the Code. She acts under color of law and is sued in her official capacity. 10. Defendant Terry Backhaus is a Member of the Board and was selected to the

Board pursuant to La. R.S. 42:1132(B). As a Member of the Board, his powers and duties include, among other things, the administration and enforcement of the campaign finance provisions of the Code. He acts under color of law and is sued in his official capacity 11. Defendant Charlie Emile Bruneau, Jr. is a Member of the Board and was selected

to the Board pursuant to La. R.S. 42:1132(B). As a Member of the Board, his powers and duties include, among other things, the administration and enforcement of the campaign finance provisions of the Code. He acts under color of law and is sued in his official capacity. 12. Defendant Jean Ingrassia is a Member of the Board and was selected to the Board

pursuant to La. R.S. 42:1132(B). As a Member of the Board, her powers and duties include, among other things, the administration and enforcement of the campaign finance provisions of the Code. She acts under color of law and is sued in her official capacity. 13. Defendant William J. Larzelere Jr. is a Member of the Board and was selected to

the Board pursuant to La. R.S. 42:1132(B). As a Member of the Board, his powers and duties include, among other things, the administration and enforcement of the campaign finance provisions of the Code. He acts under color of law and is sued in his official capacity. 14. Defendant Louis Leggio is a Member of the Board and was selected to the Board

pursuant to La. R.S. 42:1132(B). As a Member of the Board, his powers and duties include,

[4]
PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 5 of 17

among other things, the administration and enforcement of the campaign finance provisions of the Code. He acts under color of law and is sued in his official capacity. 15. Defendant Steve Lemke is a Member of the Board and was selected to the Board

pursuant to La. R.S. 42:1132(B). As a Member of the Board, his powers and duties include, among other things, the administration and enforcement of the campaign finance provisions of the Code. He acts under color of law and is sued in his official capacity. 16. Defendant Bob McAnelly is a Member of the Board and was selected to the

Board pursuant to La. R.S. 42:1132(B). As a Member of the Board, his powers and duties include, among other things, the administration and enforcement of the campaign finance provisions of the Code. He acts under color of law and is sued in his official capacity. 17. Defendant Ashley Kennedy Shelton is a Member of the Board and was selected to

the Board pursuant to La. R.S. 42:1132(B). As a Member of the Board, her powers and duties include, among other things, the administration and enforcement of the campaign finance provisions of the Code. She acts under color of law and is sued in her official capacity. 18. Defendant Grove Stafford is a Member of the Board and was selected to the

Board pursuant to La. R.S. 42:1132(B). As a Member of the Board, his powers and duties include, among other things, the administration and enforcement of the campaign finance provisions of the Code. He acts under color of law and is sued in his official capacity. III. JURISDICTION AND VENUE 19. This action arises under 42 U.S.C. 1983 and the First Amendment to the

Constitution of the United States, as made applicable to the states by the Fourteenth Amendment. 20. 1343(a). This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and

[5]
PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 6 of 17

21.

This Court also has jurisdiction pursuant to the Declaratory Judgment Act,

codified at 28 U.S.C. 2201 and 2202. 22. Venue is proper in this Court under 28 U.S.C. 1391(b) because FFLF is located

within this District, FFLFs constitutional rights have been and continue to be violated by Defendants in this District, and Defendants the Board and Members of the Board reside in the State of Louisiana. IV. STATEMENT OF FACTS 23. FFLF is a political organization registered with the Federal Election Commission

as a federal independent expenditure-only committee, commonly referred to as a Super PAC, and with the Supervisory Committee as a Louisiana state political committee. It was established by Charles R. Spies to make independent expenditures in support of conservative candidates in federal, state and local elections in Louisiana, primarily in the form of television, radio, print, internet and telephone advertisements. FFLFs only activities to influence elections in Louisiana are and will be the making of independent expenditures. 24. FFLF does not and will not make contributions to, or coordinated expenditures on

behalf of, candidates or political party committees. FFLFs independent expenditures are not and will not be made in cooperation, consultation, or concert, with, or at the request or suggestion of, any candidates, their authorized political committees, or their agents. All decisions concerning expenditures of FFLFs funds are made independent of any candidate, campaign, party committee, or their agents. Exhibit A (Decl. of Charles R. Spies) 3-6. 25. FFLF wants to solicit and accept contributions in amounts greater than $100,000

per person, right now, solely for the purpose of making independent expenditures to support Louisiana state and local candidates. FFLF would solicit and accept such contributions right

[6]
PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 7 of 17

now, but for Louisianas prohibition on soliciting and accepting such contributions and the penalties for doing so. Id. 14 26. At least one prospective donor, Donald T. Bollinger, wants to make a

contribution of at least $125,000 right now to FFLF. Mr. Bollinger is ready, willing, and able to do so. Mr. Bollinger would make such a contribution right now, but cannot do so as long as Louisianas Quadrennial Limit applicable to political committees remains in effect. Id . 15; Exhibit B (Decl. of Donald T. Bollinger) 5, 7. V. APPLICABLE LAW 27. Louisiana law defines a political committee as two or more persons, other than

a husband and wife, and any corporation organized for the primary purpose of supporting or opposing one or more candidates, propositions, recalls of a public officer, or political parties, which accepts contributions in the name of the committee, or makes expenditures from committee funds or in the name of the committee, or makes a transfer of funds to or receives a transfer of funds from another committee, or receives or makes loans in an aggregate amount in excess of five hundred dollars within any calendar year. La. R.S. 18:1483(14)(a)(1). 28. A contribution means a gift, conveyance, payment, or deposit of money or

anything of value, or the forgiveness of a loan or of a debt, made for the purpose of supporting, opposing, or otherwise influencing the nomination or election of a person to public office, for the purpose of supporting or opposing a proposition or question submitted to the voters, or for the purpose of supporting or opposing the recall of a public officer, whether made before or after the election. La. R.S. 18:1483(6)(a). 29. Louisiana law does not define the term independent expenditure. However,

under La. R.S. 18:1483(6)(b)(i), expenditures made by any person in cooperation, consultation,

[7]
PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 8 of 17

or concert, with, or at the request or suggestion of, a candidate, his authorized political committees, or their agentsshall be considered to be a contribution to such candidate. Independent expenditures are therefore expenditures that are not made in cooperation, consultation, or concert, with, or at the request or suggestion of, a candidate, his authorized political committees, or their agents and are not considered to be a contribution to a candidate. 30. Louisiana law limits the amount of money that political committees may accept

from a person over a four year period. Specifically, the Code states that [d]uring any four year calendar period commencing January 1, 1991 and every fourth year thereafter, no person shall contribute more than one hundred thousand dollars to any political committee or any subsidiary committee of such political committee. La. R.S. 18:1505.2(K)(1). During that four year calendar period, no political committee or subsidiary of such political committeeshall accept more than one hundred thousand dollars from any person. La. R.S. 18:1505.2(K)(2). The Code does not include an exception for political committees that make only independent expenditures and do not make contributions to, or coordinated expenditures on behalf of, candidates or party committees. 31. A person is defined as any individual, partnership, limited liability company or

corporation, association, labor union, political committee, corporation, or other legal entity, including their subsidiaries. La. R.S. 18:1483(13). 32. A violation of the contribution limits set forth in the Code carries with it hefty

penalties up to $1,000 per violation. La. R.S. 18:1505.5(B)(5). In addition, to enable it to investigate alleged violations effectively and enforce compliance with the Codes provisions, the Board has the authority to hold hearings, to subpoena witnesses, administer oaths, compel the production of books, records, and papers, public and private, require the submission under oath

[8]
PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 9 of 17

of written reports or answers to questions,. La. R.S. 18:1511.4(C)(1). The Board also has authority to forward all information concerning the alleged violation to the district attorney of the judicial district in which the alleged violation has occurred who shall review such information and make such investigation and initiate such prosecution as he shall deem necessary. La. R.S. 18:1511.6(A). 33. The Codes limitations on political committees that limit their electoral activity to

independent expenditures are inconsistent with the United States Supreme Courts decision in Citizens United v. FEC, 558 U.S. 310, 130 S. Ct. 876 (2010). 34. Advocacy accomplished by means of independent expenditures is political speech

that is protected by the First Amendment. A limit on independent expenditures heavily burdens core First Amendment expression. Buckley v. Valeo, 424 U.S. 1, 48 (1976). 35. As political speech, expenditure limits are subject to strict scrutiny; that is, they

must be narrowly tailored to a compelling interest. Citizens United, 130 S. Ct. at 898. The United States Supreme Court has recognized only one interest sufficiently important to outweigh the First Amendment interests implicated by contributions for political speech: preventing quid pro quo corruption and the appearance of corruption. But as a matter of law, independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption. Id. at 909. Accordingly, the Supreme Court has held that the government lacked a compelling basis to bar particular speakers (such as corporations and unions) from sponsoring independent expenditures. Id. 36. In the wake of Citizens United, numerous federal courts, including the United

States Court of Appeals for the Fifth Circuit, have held that political organizations like FFLF may accept and solicit unlimited contributions to make independent expenditures. See, e.g.,

[9]
PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 10 of 17

Texans for Free Enter. v. Tex. Ethics Comm'n, 732 F.3d 535 (5th Cir. 2013); N.Y. Progress & Prot. PAC v. Walsh, 733 F.3d 483 (2nd Cir. 2013); Wis. Right to Life State Political Action Comm. v. Barland, 664 F.3d 139 (7th Cir. 2011); Thalheimer v. City of San Diego, 645 F.3d 1109 (9th Cir. 2011); Long Beach Area Chamber of Commerce v. City of Long Beach, 603 F.3d 684 (9th Cir. 2010); SpeechNow.org v. FEC, 599 F.3d 686, 696 (D.C. Cir. 2010) (en banc); Stay the Course W. Va. v. Tennant, No. 1:12-cv-01658, 2012 WL 3263623 (S.D.W. Va. Aug. 9, 2012); Lair v. Murry, 871 F. Supp. 2d 1058 (D. Mont. 2012); Yamada v. Weaver, 872 F. Supp. 2d 1023 (D. Haw. 2012); Personal PAC v. McGuffage, 858 F. Supp. 2d 963 (N.D. Ill. 2012); Republican Party of N.M. v. King, 850 F. Supp. 2d 1206 (D.N.M. 2012); Fund for Jobs, Growth, & Sec. v. N.J. Election Law Enforcement Comm'n,, No. 13-CV-02177-MAS-LHG (D.N.J. July 11, 2013). VI. ADVISORY OPINION REQUEST 37. On November 12, 2013, FFLF filed a request for any advisory opinion with the

Board pursuant to La. R.S. 42:1134. See Exhibit C (Adv. Op. Request). 38. The request proffered that FFLF sought to raise unlimited donations and make

unlimited independent expenditures to support and oppose Louisiana state candidates in the 2014 elections and beyond, and that it intended to raise contributions from individuals, corporations, labor unions, and other business entities, such as LLCs and partnerships, all in unlimited amounts. Id. at 2. 39. The request also made clear that FFLF does not make contributions to, or

coordinated expenditures with, candidates or political party committees in connection with Louisiana state elections (or to other political committees that make contributions to such candidates or committees), nor will its expenditures be made in cooperation, consultation, or

[10]
PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 11 of 17

concert, with, or at the request or suggestion of, any candidates, their authorized political committees, or their agents. Id. at 2. 40. The request presented four questions based on FFLFs representations. (1) Does

the term political committee encompass an organization that only makes independent expenditures? (2) Are organizations which only make independent expenditures required to register as a political committee and file reports with the Board? (3) Does the quadrennial contribution limit of La. R.S. 18:1505.2(K)(1) apply to an individual that seeks to make contributions to a political committee that makes only independent expenditures? (4) Does the quadrennial contribution limit of La. R.S. 18:1505.2(K)(1) apply to an organization that seeks to make contributions to a political committee that makes only independent expenditures? 41. The request also urge[d] the Board to find that it can no longer enforce La. R.S.

18:1505.2(K) against persons, including individuals, corporations and other legal entities, who seek to make unlimited contributions to political committees, like FLF, that make only independent expenditures. 42. The Board addressed FFLFs request at its January 17, 2014 public meeting,

where FFLF was represented by Mr. Spies. 43. Prior to the January 17, 2014 meeting, the Board released a draft advisory opinion

on its website. See Exhibit D (Draft Adv. Op.). In that draft opinion, the Board cited the U.S. Supreme Courts decision in Citizens United and the Fifth Circuits decision in Texans for Free Enterprise and acknowledged both decisions rationale that independent expendituresdo not give rise to corruption or the appearance of corruption Id. at 2. Yet, the draft opinion concluded that [t]he Board of Ethics does not have jurisdiction and declines to render an opinion regarding the constitutionality of provisions of the Campaign Finance Disclosure Act.

[11]
PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 12 of 17

Id. at 3. 44. On January 23, 2014, the Board sent a letter to Mr. Spies stating that [a]s to your

questions posed, the Board declines to render an opinion based on lack of specificity in the facts and questions provided, and that the Board of Ethics does not have jurisdiction and declines to render an opinion regarding the constitutionality of provisions of the Campaign Finance Disclosure Act. Exhibit E (Ltr. from Bd. of Ethics to Charles R. Spies (Jan. 23, 2014)). The Board removed all references to the legal conclusions set forth in Citizens United and Texans for a Free Enterprise that had been a part of its draft opinion. 45. During its January 17 public meeting and in its correspondence with Mr. Spies,

the Board has made clear that, notwithstanding the foregoing federal court decisions, it intends to continue to apply La. R.S. 18:1505.2(K) to limit contributions to political committees, like FFLF, that only make independent expenditures. Id. at 2. VII. HARM TO PLAINTIFF 46. FFLF is ready, willing, and able to solicit and accept unlimited contributions from

persons and to spend these funds on independent expenditures to promote the election or defeat of Louisiana candidates through independent expenditures. 47. The First and Fourteenth Amendments of the United States Constitution protect

FFLFs right to engage in this desired course of conduct. 48. Yet under La. R.S. 18:1505.2(K), as interpreted by the Board, the FFLFs desired

course of conduct is impermissible. 49. Instead, the Board compels political committees like FFLF to comply with La.

R.S. 18:1505.2(K)s Quadrennial or face civil or criminal consequences. 50. La. R.S. 18:1505.2(K) effectively limits what FFLF may spend on independent

[12]
PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 13 of 17

expenditures. This is plainly unconstitutional under Citizens United. Put another way: If the First Amendment prohibits any limitation on how much money an independent political committee can spend on an independent-expenditure campaign, how can it permit limits on donations to committees that make only independent expenditures? Emilys List v. FEC, 581 F.3d 1, 10 (D.C. Cir. 2009) (quoting Richard Briffault, The 527 Problem and the Buckley Problem, 73 Geo. Wash. L. Rev. 949, 982 (2005)). 51. But for the contribution limits contained in La. R.S. 18:1505.2(K), the penalties

imposed for violating that provision, and the Boards letter confirming its intent to continue to apply the contribution limit to independent expenditure-only political committees like FFLF, FFLF would solicit and raise unlimited funds for independent expenditures in Louisiana, and use these funds to make independent expenditures to promote the election or defeat of Louisiana candidates. 52. The longer FFLF remains subject to the contribution limits imposed by La. R.S.

18:1505.2(K), the greater the impact on FFLFs ability to engage in independent expenditures to influence Louisiana elections in 2014 and beyond. 53. The contribution limit imposed by La. R.S. 18:1505.2(K) severely burdens

Plaintiffs First Amendment right to engage in political speech. It also severely burdens Plaintiffs First Amendment right to associate with donors, potential donors, and other likeminded individuals, who seek to contribute money and pool their resources to allow for express advocacy in Louisiana. 54. Plaintiff faces imminent and impending injury in the near future (i.e., burdensome

litigation, imposition of fines, and potential criminal prosecution) if it exercises its rights to free speech and association by raising and spending money in violation of the limitations imposed by

[13]
PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 14 of 17

the challenged law. Plaintiff is unwilling to expose itself to the legal consequences that will likely result from its accepting contributions in excess of the statutory limit and spending those funds to expressly advocate the election or defeat of specific candidates. Therefore, the chilling effect on Plaintiffs First Amendment rights to free speech and association is an actual, ongoing, and irreparable constitutional injury. VIII. CLAIMS FOR RELIEF FIRST CLAIM FOR RELIEF Violations of the First Amendment 42 U.S.C. 1983 55. Plaintiff restates and incorporates by reference the allegations of paragraphs 1

through 54 above as though fully set forth herein. 56. As the parties responsible for interpretation and enforcement of Chapter 11 of the

Louisiana Election Code, Defendants are liable for any action taken pursuant to the Code that violates Plaintiffs constitutional rights. 57. The First Amendment to the United States Constitution, as applied to the states by

the Fourteenth Amendment, directs that the government shall make no law . . . abridging the freedom of speech. 58. La. R.S. 18:1505.2(K), which prohibits political committees dedicated solely to

making independent expenditures from raising and accepting funds in excess of $100,000 over a four year period from an individual, partnership, limited liability company or corporation, association, labor union, political committee, corporation, or other legal entity, including their subsidiaries, is unconstitutional as applied to Plaintiff under Citizens United, 130 S. Ct. 876. 59. FFLF is denied its First Amendment rights to free speech and association by the

contribution limit set forth in La. R.S. 18:1505.2(K), which prohibits FFLF from accepting more

[14]
PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 15 of 17

than $100,000 over a four year period from each individual, partnership, limited liability company or corporation, association, labor union, political committee, corporation, or other legal entity, including their subsidiaries, and using those funds to engage in express advocacy. 60. In the face of harsh penalties for violating La. R.S. 18:1505.2(K), Plaintiff is

chilled from exercising its First Amendment rights to free speech and association. Plaintiffs injury will continue into the future unless the challenged provision is declared unconstitutional as applied to Plaintiff and Defendants are enjoined from enforcing it against Plaintiff. SECOND CLAIM FOR RELIEF Injunctive Relief 61. Plaintiff restates and incorporates by reference the allegations of paragraphs 1

through 60 above as though fully set forth herein. 62. The case law referenced above from the United States Supreme Court and

numerous United States Courts of Appeals, including the law of this Circuit, and United States District Courts constitutes judicial precedent that directly supports Plaintiffs position in this lawsuit. Accordingly, it is very likely that Plaintiff will prevail on the merits in this case. 63. Plaintiff has suffered, and will continue to suffer, real, immediate, and irreparable

injury as a result of Defendants enforcement of the contribution limit set forth in La. R.S. 18:1505.2(K). The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury. Elrod v. Burns, 427 U.S. 347, 373 (1976). Every day that passes before Louisianas 2014 and 2015 elections, beginning on April 5, 2014, represents a lost opportunity for Plaintiff to engage in protected First Amendment activities. 64. Defendants will suffer no irreparable harm if they are prevented from enforcing

La. R.S. 18:1505.2(K) in an unconstitutional manner. 65. An injunction would serve the public interest, as the public has a strong interest in

[15]
PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 16 of 17

vindicating constitutional rights. 66. Plaintiff has no adequate remedy at law. IX. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that this Court grant the following relief: A. A declaration that the contribution limit contained in La. R.S. 18:1505.2(K), is

unconstitutional as applied to Plaintiff; B. Preliminary and permanent injunctions enjoining Defendants from enforcing the

contribution limit set forth in La. R.S. 18:1505.2(K) against Plaintiff; C. Costs and attorneys fees pursuant to 42 U.S.C. 1988 or any applicable statute

or authority; and D. Such other or further relief the Court deems to be just and appropriate.

Dated: February 18, 2014 By: /s/Harry Rosenberg Harry Rosenberg (Bar No. 11465) Bryan Edward Bowdler (Bar No. 32097) Phelps Dunbar LLP 365 Canal Street, Suite 2000 New Orleans, LA 70130 (504) 584-9219 phone (504)568-9130 fax harry.rosenberg@phelps.com bryan.bowdler@phelps.com -and-

[16]
PD.11030502.1

Case 2:14-cv-00368-JCZ-DEK Document 1 Filed 02/18/14 Page 17 of 17

Charles R. Spies (pro hac vice pending) James E. Tyrrell III (pro hac vice pending) CLARK HILL PLC 601 Pennsylvania Avenue NW North Building, Suite 1000 Washington, D.C. 20004 (202) 572-8663 phone (202) 572-8683 fax cspies@clarkhill.com jtyrrell@clarkhill.com Attorneys for Plaintiff The Fund for Louisianas Future

[17]
PD.11030502.1 200185315.1 41642/168650