ACLU asks to block hiked lobbying fees collection

The American Civil Liberties Union of Illinois asked a federal court Friday to block the state from collecting sharply increased annual fees for registering as a lobbyist.

Under legislation due to take effect Jan. 1, the annual fee that most lobbyists must pay the secretary of state's office when they register, as required by law, jumps from $350 to $1,000.

The ACLU said in a lawsuit filed Friday against Illinois Secretary of State Jesse White that the increase represents an unconstitutional tax on speech. The lawsuit asks U.S. District Judge Joan Gottschall to block the state from collecting the additional amount from nonprofit organizations.

"Nonprofit organizations should not be forced to pay a tax in order to express their views to the General Assembly when they are meeting in Springfield or engaged in legislative activities elsewhere," said Adam Schwarz, senior staff counsel with the ACLU of Illinois.

David Druker, a spokesman for the secretary of state's office, declined to comment. The increased fee was approved by the Legislature and the secretary of state was merely designated to collect it.

Schwarz said the ACLU considers any amount above the cost of administering the act requiring lobbyists to register to be an unconstitutional tax on speech.

He said besides Illinois, no state has a registration fee higher than $365. He said 42 states have a fee of $150 or lower. Registering under the federal lobbying law is free.

While the ACLU lawsuit asks the court to declare the law unconstitutional, it seeks to block the state from collecting the additional money from nonprofit organizations. But the lawsuit says nothing about the additional money that for-profit companies would pay under the new measure.

The ACLU also said that the Legislature acted unfairly when it made an exception for religious organizations and the news media and that those groups should pay the same fees as all others.