The Act contains three provisions that are unconstitutionally vague and overbroad, both facially and as applied to DSF. The first two provisions are the definitions of “third-party advertisement” and “electioneering communication,” codified at 15 Del C. § 8002(1 0) and § 8002(27), respectively. The third provision is the third-party advetisement disclosure regime codified at 15 Del C. § 8031. These provisions, taken together, function to impose the burdens of PAC status upon any organization that spends as little as $500 on a communication that mentions a candidate for office–even if the communication itself is neutral, nonpartisan and fails to advocate for or against any candidate. Consequently, the Act violates the First Amendment as interpreted by fifty years of United States Supreme Court precedent.
