Plaintiff Delaware Strong Families (“DSF”) has filed a Verified Complaint seeking a judgment preventing enforcement of unconstitutional provisions of the Delaware Election Disclosures Act (the “Act”) and other declaratory and injunctive relief. Both defendants answered the complaint on December 23, 2013. A copy of the Verified Complaint is attached as Exhibit A. DSF has filed herewith a motion for preliminary injunction against enforcement of the Act in the upcoming election cycle. This is DSF’s opening brief in support of that motion.
SUMMARY OF ARGUMENT
1. DSF has a reasonable probability of success in its claim that the Act violates DSF’s First Amendment rights in that it is unconstitutionally vague and overbroad, both facially and as applied to DSF.
2. Enforcement of the Act would cause DSF irreparable harm.
3. The injunctive relief that DSF seeks would cause no harm to the State or to third parties. Instead, that relief would benefit the public as it would encourage free speech, voter education, and free association among Delaware citizens.