Statute Annotations › Vermont › 17 Vt. Stat. Ann. § 2801

17 Vt. Stat. Ann. § 2801

Definitions: the cases that interpreted this section

Jurisdiction
Vermont
Case notes
6
Cited in passing
4
Citing cases indexed
25
Case dates
2000–2013
Screened through
2018-07-31
Courts' treatment: repeal noted
A reviewed case notes this section’s repeal. Corren v. Condos (2018-07-31) states that Act 64, which included §§ 2801 et seq., was repealed in 2014 and replaced by a revised campaign-finance law.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

10 citing cases reviewed of 25 in the citation index: 6 interpreted the section (annotated below), 4 cited it only in passing. Cases filed after 2018-07-31 may not have been reviewed yet.

Have a situation under 17 Vt. Stat. Ann. § 2801?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Definition of expenditure

Section 2801(3) defines expenditures to include payments for advocating a position on a public question, as well as influencing an election or supporting or opposing candidates.

Vermont Right To Life Committee, Inc. v. Sorrell · filed 2000-07-21(3)

The disclosure requirements in §2883(b), moreover, incorporate by reference not only the definition of "mass media activities" in §2883(a), but also the definition of "expenditure" in Vt. Stat. Ann. tit. 17, § 2801(3). "Expenditures" are defined by § 2801(3) to mean payments made "for the purpose of influencing an election, advocating a position on a public question, or supporting or opposing one or more candidates" (emphasis added). Any attempt to save §2883 would at least require a court to: (1) interpret the phrase "supporting or opposing one or more candidates" to mean "supporting or opposing one or more candidates expressly"; and (2) interpret the phrase "advocating a position on a public question" to mean "advocating a position on a public question solely by means of expressly advocating the election or defeat of a clearly identified candidate." Since the last phrase in § 2801(3) is a plain reference to issue advocacy, it can hardly be said to be "readily apparent" that its meaning excludes issue advocacy.
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Section 2801(3) defines expenditures to include payments for advocating a position on a public question, which the court characterized as a plain reference to issue advocacy.

Vermont Right to Life Committee, Inc. v. Sorrell · filed 2000-06-15(3)

Since the last phrase in § 2801(3) is a plain reference to issue advocacy, it can hardly be said to be “readily apparent” that its meaning excludes issue advocacy.
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Political party—state and local parties treated as one entity

Section 2801(5) constitutionally treats state and local political party committees as one entity for campaign contribution limits.

Landell v. Sorrell · filed 2000-08-28(5)

Act 64’s definition of state and local parties as one entity pursuant to Vt.Stat.Ann. tit. 17, §§ 2801(5), and 2301 through 2320, is constitutional.
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Political committee definition

Section 2801(4)'s references to influencing an election or affecting its outcome mean supporting or opposing one or more candidates.

Vermont Right to Life Committee, Inc. v. Sorrell · filed 2012-06-21(4)

Accordingly, the Court reads “for the purpose of ... influencing an election ... or affecting the outcome of an election” as simply, “supporting or opposing one or more candidates.”
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Section 2801(4)'s alternative descriptions of a political committee's spending purpose mean supporting or opposing candidates in an election.

State of Vermont v. Green Mountain Future · filed 2011-06-28(4)

The court interprets the alternative statutory formulations of the purpose of the expenditure to be the equivalent of “supporting or opposing one or more candidates.”
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Section 2801(4) treats an expenditure as made to influence an election when its objective purpose is to persuade voters to vote a particular way.

State v. Green Mountain Future · filed 2013-09-27(4)

Our construction, compared with the trial court’s, additionally interprets “for the purpose of . . . influencing an election” to mean for the objective purpose of persuading someone to vote in a certain manner in an election. So construed, 17 V.S.A. § 2801(4) (and the similarly construed definition of “expenditure”) is not vague.
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4 more cases cited this section only in passing

These cases mention the section without interpreting it (a string cite, a footnote, background). Listed so you can see the full citation record, not just the annotated rulings.

Vermont Right to Life Committee, Inc. v. Sorrell, the statute appears only in a footnote identifying a repealed former provision; the court says that language need not be considered and decides the appeal under the current law, so it does not construe § 2801(4). opinion →
Corren v. Condos, the court cites §§ 2801 et seq. only to identify the repealed Act 64 and summarize its historical features in the background; it does not construe § 2801 or decide its requirements, coverage, or application. opinion →
Vt. Democratic Party v. Republican Governors Ass'n, the court cites the section to recount the parties’ position that the association was a political committee, then decides whether the plaintiffs could seek an injunction under the campaign finance law. opinion →
State of Vermont v. Republican Governors Ass'n, the court cites § 2801 only as the first section in the repealed campaign finance statute’s range while deciding whether a contribution limit applies to RGA. opinion →

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