Litigation

Judge Allows ?Matching? Funds in Maine

By Peter Hardin

A federal judge has declined to bar payments of “matching” taxpayer funds to political candidates in Maine who qualify for public financing under that state’s law.

District Judge George Singal denied a motion to block the payments, according to a Maine Public Broadcasting Network article.

Maine Citizens for Clean Elections said in a press release the ruling came in Cushing v. McKee, and Judge Singal found  that a  First Circuit Court of Appeal?s decision in 2000 to uphold the Clean Election matching funds program remains binding law.

The litigation was brought in August by several plaintiffs, represented by Indiana-based lawyer James Bopp Jr. (see Gavel Grab).

?We are heartened that the Court refused to interrupt the current election based on the thin claims put forth by Clean Election opponents,? said Alison Smith, co-chair of Maine Citizens for Clean Elections.

Under the Maine statute, political candidates who get public financing are allowed to get extra taxpayer dollars when their privately financed opponents outspend them. Another lawyer for the plaintiffs said the ?matching? funds provision ?has a chilling effect on campaign free speech? when a privately funded candidate ?knows that every time he puts more money in his campaign war chest, he?s putting more money in his (publicly funded) opponent?s pocket.?

A federal appeals court in the South recently struck down a similar provision in Florida?s law. But the issue could end up before the U.S. Supreme Court, as not all federal appeals courts have agreed about the constitutionality of such provisions.

You can learn more from Gavel Grab, and from Justice at Stake?s issues page about public financing laws.

Full post as published by The Gavel on September 17, 2010 (boomark / email).