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August 9, 2010

Lawsuit filed over clean election law

The Maine Heritage Policy Center, along with another conservative group, has filed a lawsuit in U.S. District Court targeting a provision of the Maine Clean Election Act, arguing it violates the constitutional right of free speech.

The suit, also filed by Indiana-based James Madison Center for Free Speech and two individuals, seeks to change the law by prohibiting publicly financed candidates from receiving additional taxpayer money when their opponents outspend them, according to the Maine Public Broadcasting Network and the Bangor Daily News. Rep. Andre Cushing, R-Hampden, a plaintiff in the lawsuit, told the paper the provision could lead privately financed candidates to restrict their spending to avoid sending more matching funds to their opponent, which infringes on their First Amendment rights. The suit is also challenging the $750 per donor contribution limit for privately funded candidates running for governor, arguing it gives incumbents an unfair advantage.

Should a judge rule in favor of it, the lawsuit would limit campaign funding for Democratic gubernatorial candidate Libby Mitchell and hundreds of other candidates running for House and State Senate seats in November who receive public funding. Mitchell is eligible for up to $1.2 million, which includes $600,000 in matching funds, according to the Bangor Daily News. Alison Smith, a spokeswoman with Maine Citizens for Clean Elections, told MPBN she believes the law's provisions will be upheld because there is evidence that shows contribution limits do not adversely affect privately funded campaigns.

Similar court battles are being fought in Arizona, Connecticut and Florida and the U.S. Supreme Court may ultimately decide all of those cases, according to MPBN.

Go to the article from MPBN >>
Go to the article from the Bangor Daily News >>

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