Posted by Ray Long at 2:09 p.m.
SPRINGFIELD — A major increase in the price to register as a state lobbyist has been halted by a federal judge who deemed the $1,000 annual fee too high.
U.S. District Judge Joan Gottschall issued a preliminary injunction late Friday that puts on hold the 2009 law that nearly tripled registration fees for most lobbyists.
More than 3,900 lobbyists and lobbying groups have been registered in recent years, but none was required to register or pay fees this year while the state awaited action in the lawsuit.
The American Civil Liberties Union of Illinois, which brought the case, argued that the state law violates the constitutional right to freedom of speech because it requires an unreasonable fee to lobby before the Illinois General Assembly.
"Paying this excessive fee would (limit) our constitutionally protected right to address the General Assembly and to deploy staff and other resources effectively," said Colleen K. Connell, executive director of the ACLU of Illinois.
The 2009 law boosted to $1,000 from $350 the annual registration fee for the lion’s share of lobbyists. It also raised to $1,000 the $150 annual fee for not-for-profit organizations, the group said.
The ACLU argued that the increase in fees exceeded the costs of administering them by more than $2.5 million, allowing the state to generate money that could be used elsewhere during its budget crisis. The group said nine states don’t have any lobbyist fee at all and 14 others charge no more than $150.
The judge said the state would have to make more arguments before she would consider reinstating the lower $350 fee established in the prior law. She left open the door for the General Assembly to reinstate the previous fee or to approve a minor increase.
Illinois Secretary of State Jesse White’s office, following a prior temporary restraining order, decided not to collect any registration fees so far this year nor begin registrations with the court case pending, said Henry Haupt, a White spokesman.
“Secretary White understands the importance of lobbyist registration, which is why our office is working to implement a program that will register lobbyists without violating the court’s ruling,” Haupt said. “We expect to be able to do something very shortly, probably the next few weeks, if not the next couple of weeks.”
One option that White’s office is “definitely looking at” is registering lobbyists without charging a fee initially and then collecting fees when a level is worked out in accordance with the wishes of the federal judge and state lawmakers, Haupt said.