Indiana Right to Life Victory Fund v. Morales

Plaintiffs-independent-expenditure political action committee (PAC) and private entity filed action, alleging that Indiana Election Code violated their First Amendment rights to extent that Election Code does not allow independent-expenditure PACs to accept donations from corporations. Defendants-Indiana election officials asserted that Election Code does not prevent such donations, and that plaintiffs therefore lacked standing to bring instant lawsuit seeking to prevent defendants from enforcing Election Code to limit or ban corporate contributions to independent-expenditure PACs. Dist. Ct. found that plaintiffs lacked standing to bring instant lawsuit. Ct. of Appeals, though, found that standing issue could not be resolved without determining Code’s meaning and certified following question to Indiana Supreme Ct: “Does the Indiana Election Code--in particular sections 3-9-2-3 to -6-- prohibit or otherwise limit corporate contributions to PACs or other entities that engage in independent campaign-related expenditures?”