Death by a thousand orders for tax financing in Ariz.

January 20, 2010   •  By Jeff Patch
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An Arizona federal judge issued an order Wednesday striking down the “matching funds” provision of Arizona’s “Clean Elections” program as unconstitutional. Judge Roslyn Silver’s order was stayed for five days pending the state’s near-certain appeal to the Ninth Circuit Court of Appeals.

The Goldwater Institute, which represented the plaintiffs in this case (McComish v. Bennett), has a bit more detail on its case page.

Judge Silver’s latest order is here. Last week, Judge Silver issued a preliminary version of this ruling and in 2008 she ruled the plaintiffs were likely to prevail on First Amendment grounds but declined to strike a blow to the unconstitutional scheme because of the impending 2008 elections.

2010 candidates have thus been on notice for more than a year that Arizona’s system has serious constitutional flaws. The program punishes traditional, privately financed candidates and independent groups by giving tax financed candidates “matching funds” based on their expenditures.

Judge Silver based her ruling on Davis v. Federal Election Commission (2008), which held that the government could not relax contribution limits for candidates facing wealthy self-funded opponents. Judge Silver is the second federal judge to strike down a “matching funds” provision. Judge Stefan Underhill ruled a similar scheme in Connecticut unconstitutional in 2008 in Green Party of Connecticut v. Garfield. The Second Circuit Court of Appeals is now considering that case.

Jeff Patch

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