No. 14-1397 IN THE Supreme Court of the United States BUILDING INDUSTRY ASSOCIATION OF WASHINGTON, Petitioner, v. ROBERT F. UTTER AND FAITH IRELAND, IN THE NAME OF THE STATE OF WASHINGTON, Respondents. On Petition for a Writ of Certiorari to the Supreme Court of Washington RESPONDENT FAITH IRELAND’S BRIEF IN OPPOSITION KNOLL LOWNEY SCOTT L. NELSON Counsel of Record PUBLIC CITIZEN SMITH & LOWNEY PLLC LITIGATION GROUP 2317 E John Street 1600 20th Street NW Seattle, WA 98112 Washington, DC 20009 (206)860-2976 (202) 588-1000
[email protected] [email protected] MICHAEL WITHEY 601 Union Street, Suite 4200 Seattle, WA 98101 (206) 405-1800
[email protected] Attorneys for Respondent July 2015 i QUESTIONS PRESENTED In this case, the Washington Supreme Court held that respondent’s citizen’s action raised genuine is- sues of fact as to whether petitioner Building Industry Association of Washington’s (BIAW) solicitation and receipt of political contributions and/or its political expenditures made it a political committee. The court held that to establish that BIAW was a political com- mittee by virtue of its expenditures, respondent would have to establish not only that it made expenditures, but also that it had “a primary purpose” of influenc- ing elections. The court remanded for determinations of whether BIAW made contributions or expendi- tures; if the latter, whether it had a primary purpose of influencing elections; what reporting and disclosure requirements would apply if BIAW were determined to be a political committee; and whether those re- quirements would unduly burden BIAW’s First Amendment rights.