Ninth Circuit upholds Arizona election public financing
Late last week the United States Court of Appeals for the Ninth Circuit, which sits in San Francisco and is known as a liberal court, upheld the Arizona "Citizens Clean Election Act" which provides taxpayer dollars "matching funds" to candidates for state office to use for advertising of their campaigns. Since California is flirting with such a law, known as Proposition 15 on the next election ballot, the Court’s action is worth taking note of.
The conservative Goldwater Institute had been successful at the trial court level in knocking out the law on First Amendment grounds. Their solid argument in the trial court, along with a couple friendly PACs and candidates, was that the campaign law actually chilled or reduced speech rights. This is because under the law, if an opposing candidate fails to use only the taxpayer money for his/her campaign, and spends more than the candidate taking the state money, then the state automatically coughs up more taxpayer dollars for the candidate "on the dole." Thus, opposing candidates are discouraged to spend money on advertising, for fear that the government will respond by… Read More