The opinion of the court was delivered by: Marshall, District Judge.
The 1980 Illinois Socialist Workers Campaign Committee and
several of its current and former members brought this action
for declaratory and injunctive relief against the State of
Illinois Board of Elections and several state officials, to
prevent enforcement of the reporting and disclosure provisions
of the Illinois Act to Regulate Campaign Financing,
Ill.Rev.Stat. ch. 46 ¶¶ 9-10, 9-11, 9-13, 9-26 (1979). By
stipulation of the parties, the case has been tried to the
court on an agreed record consisting of the administrative
record developed before the Illinois Board of Elections.
Plaintiffs are the 1980 Illinois Socialist Workers Campaign
Committee and Socialist Workers Mayoral Campaign Committee
("Committees"), unincorporated political organizations formed
to promote and support candidates of the Socialist Workers
Party ("SWP") in the 1980 general and 1979 Mayoral elections,
and individuals who are current or former members of the
Defendant State of Illinois Board of Elections ("Board"), is
an administrative body appointed by the Governor of Illinois to
supervise implementation of the state election laws.
See ch. 46 Ill.Rev.Stat. ¶ 1A-1. Defendants Tyrone
C. Fahner and Richard M. Daley are the Attorney General of
Illinois and State's Attorney of Cook County respectively, with
authority to prosecute willful violations of the Act.
Ill.Rev.Stat. ch. 46, ¶ $9-26. The remaining defendants are
members of the Board.
B. The Legislative Scheme
The Illinois Act to Regulate Campaign Financing ("Act") was
passed by the Illinois legislature in 1978. Paragraph 9-10
requires the treasurer of every political committee to file
reports of campaign contributions for each election in which
the committee has accepted contributions or made expenditures.
This section also requires the treasurer of each political
committee to file annual reports of campaign contributions and
Paragraph 9-11(4) requires that reports of campaign
contributions disclose the names and addresses of every person
who has contributed in excess of $150.00 in the previous twelve
months. Paragraph 9-11(6) contains a similar requirement for
any transfer of funds to or from a political committee.
Paragraph 9-13(4) requires that the annual report also
disclose the name and address of every person who has
contributed in excess of $150.00 during that reporting year.
Further, ¶ 9-13(11) requires that the report disclose the
names and addresses of every person who has received
expenditures in excess of $150.00 in the previous twelve
Paragraph 9-26 makes the willful filing of incomplete
information a misdemeanor.
C. Procedural Background and Agreed Record
In January, March, April, July and October of 1980, the
Committees filed the required reports with the Board, but
failed to disclose the names and addresses of contributors or
those who received campaign expenditures. The reports included
only the dates and amounts of contributions received by the
Committees, and were accompanied by letters explaining the
information was being withheld based on first amendment grounds
consistent with a stipulated settlement entered into by the
Federal Election Commission and the SWP in Socialist
Workers 1974 National Campaign Committee v. Federal Election
Commission, No. 74-1338 (D.D.C. 1979).
On September 4, 1980 the Board issued citations directing
plaintiffs to comply with the Act and provide the withheld
information. On November 24, 1980 the Board filed
administrative complaints against all of the plaintiffs,
alleging violations of the Act. The Board held an
administrative hearing on November 25, December 17 and 30,
1980, before an appointed Hearing Officer. On January 6, 1981
the Hearing Officer issued a memorandum opinion finding that
while plaintiffs had violated the Act, "there is no doubt that
respondents [plaintiffs here] have established a basis for an
exemption by meeting the standards of Buckley v.
Valeo, 424 U.S. 1 [96 S.Ct. 612, 46 L.Ed.2d 659] (1976)",
but concluding that the Board had no authority to grant an
exemption from the disclosure requirements. AR at 2, 6, 21-22.
The Board, on January 19, 1981, in accordance with the
recommendation of their General Counsel, adopted the findings
of fact and conclusions of law of the hearing examiner, and
directed plaintiffs to provide the withheld financial
information. On February 6, 1981, counsel for the Board
notified plaintiffs that the Board intended to "proceed to
enforcement" of the Order.
The parties have agreed to try this case on an agreed record
("AR") which consists of the evidence adduced at the ...