Fortunato last week said that the board's years-long failure to make it clear to candidates and political organizations what they can and can't do and how the board would handle violations meant that the investigation trampled on the First Amendment and due process rights of the Republicans.

The underlying question of the case is whether the Republicans did anything wrong in 2002, when the state party got $250,000 from the Republican National Committee and used part of it to finance a pro-Carcieri TV commercial.