The Center for Competitive Politics (CCP) sent a letter today to Gov. Jim Doyle and legislative leaders explaining concerns that a recently-passed bill enacting taxpayer financed campaigns for judges is unconstitutional. Doyle’s office said he favors the legislation, Senate Bill 40.
“Similar taxpayer financing programs that provide rescue funds to participating candidates, penalizing those who opt out and exercise their First Amendment rights, have been ruled unconstitutional by the Supreme Court and federal courts in Arizona and Connecticut,” said Center for Competitive Politics President Sean Parnell.
The Center for Competitive Politics’ letter also explains that this legislation would not impact the spending of outside groups on judicial races. Such independent spending is constitutionally-protected under the landmark campaign finance case Buckley v. Valeo. CCP’s letter also notes how organized interest groups leverage taxpayer funds for candidates by assisting them in obtaining qualifying contributions from their members.
“Signing this legislation would expose the state of Wisconsin to costly – and likely successful – litigation challenging the constitutionality of this program,” Parnell said. “Wisconsin leaders should not follow the path of other states that have been rebuked by federal judges for infringing on the constitutional rights of their citizens.”
The Center for Competitive Politics is a nonprofit, nonpartisan organization dedicated to promoting and protecting the First Amendment political rights of speech, assembly and petition.
