Litigation

ME ?Matching? Funds Provision is Challenged

By Peter Hardin

Another state’s “matching” funds provision in a public campaign financing law has come under legal challenge from conservative groups.

The Maine Heritage Policy Center and Indiana-based James Madison Center for Free Speech brought the lawsuit challenging a key portion of Maine’s statute in federal district court, according to an Associated Press article. It follows on the heels of similar challenges in states including Arizona, Connecticut and Florida.

Lawyer James Bopp Jr. of the James Madison Center is one of the lawyers representing the plaintiffs, the Maine Public Broadcasting Network reported.

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, Josiah Neeley, 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.”

Alison Smith of Maine Citizens for Clean Elections, called the lawsuit meritless and “only the latest attempt in a national strategy” to get public campaign finance laws thrown out.

A federal appeals court 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 August 09, 2010 (boomark / email).