A federal court judge in Phoenix has struck down a portion of Arizona’s campaign finance law based on a lawsuit brought by a Fountain Hills woman against the town and the State of Arizona.

In a ruling issued Sept. 30, Judge James Teilborg said Arizona’s statutory definition of a “political committee” is “unconstitutionally vague,” adding that the 183-word sentence defining a committee is overbroad and confusing.

In 2011 Fountain Hills resident Dina Galassini wanted to stage a protest against the proposed $30 million street bond question to be on the ballot.

Galassini sent emails to a couple of dozen friends asking them to join her in two curbside protests against the bond.

Town staff received a copy of the email and, following a consultation among the town attorney, acting town manager and town clerk, Galassini was sent a letter saying she must register as a political committee before holding the protest or she was violating state law.

She never did file the paperwork, but a lawsuit was filed on her behalf and a protest was eventually staged at Avenue of the Fountains and Saguaro Blvd. due to a temporary injunction.

“I was stunned to learn that I needed to register with the government just to talk to people in my community about a political issue,” Galassini said.

“All I could think was, ‘How can this be allowed under the First Amendment?’”

Galassini was represented by the Tempe office of the Virginia-based Institute for Justice.

Teilborg said the letter had a chilling effect on Galassini’s decision to protest, interfering with her free speech rights.

Since the suit was brought the Arizona Legislature did amend the statute to exempt any group spending less than $250.

As a result of that change the state argued that Galassini therefore had no standing to file the suit. The judge did not agree.

“I’m grateful that the judge recognized that my First Amendment rights were violated and that the definition of a political action committee is unconstitutionally vague,” Galassini said.

The Institute for Justice issued a press release regarding the ruling. That release quoted Teilborg describing the Arizona campaign finance law, in particular the definition of a political committee.

“It is not clear that even a campaign finance attorney would be able to ascertain how to interpret (the law),” Teilborg said. “Such vagueness is not permitted by the Constitution.

“The practical effect of the (regulations) for small groups makes engaging in protected speech a ‘severely demanding task.’”