Posted by James V. Lacy at 12:00 am on May 23, 2010 Comments Off on 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