Federal Judiciary

Maine election plea denied

By Lyle Denniston

Supreme Court Justice Stephen G. Breyer refused on Wednesday morning to block the state of Maine from enforcing three provisions of its law governing financing of election campaigns for state government offices.  In a brief order containing no explanation, and without asking for any reply from the state of Maine, Breyer denied a plea for an injunction while an appeal proceeds in the First Circuit Court.

The action left the challengers to Maine laws only with the options of asking another Justice to step in, or going forward with the appeal in the First Circuit.  In refusing on Oct. 5 to deny an injunction, the Circuit Court said the state house candidate, a political action committee, and a would-be donor of campaign funds had not shown that they would suffer any harm if the laws remained in effect during the current election cycle.  If there is any emergency, the Circuit Court said, it was of the challengers’ own making, since they did not file their case until Aug. 5 even though well aware of what state election laws provided.  The Circuit Court also said it would upset the ongoing campaign to block the laws now, shortly before voters go to the polls on Nov. 2.

At issue in the case is a provision of Maine law that provides a subsidy of public “matching funds” to candidates taking part in a “clean elections” program if a self-financed candidate’s spending reaches a certain limit, a requirement for public disclosure of spending by independent political committees, and a $750 limit on individual donations to statewide candidates, including those running for governor.   The matching funds provision was challenged by an incumbent state representative seeking reelection but without seeking public subsidy, Rep. Andre E. Cushing III.  The disclosure requirement was challenged by Respect Maine PAC, a group that Cushing chairs, and the $750 donation limit was challenged by a Scarborough, Maine, man, Harold A. Clough.

The First Circuit had upheld the provisions of Maine’s campaign finance law in a ruling in 2000.  Although the challengers argued that the Supreme Court and three federal appeals courts have since ruled differently on some of the types of campaign limits, a federal judge turned aside the new challenge, finding the Circuit Court’s earlier ruling still binding.

After the Circuit Court refused an injunction, Cushing, Clough and Respect Maine PAC asked Justice Breyer for an injunction pending appeal. Breyer is Circuit Justice for the First Circuit.

Full post as published by SCOTUSBLOG on October 13, 2010 (boomark / email).