Community | November 30, 2010 | 0 comments

Supreme Court may kill Arizona’s fair campaign financing law | Raw Story

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Less than a year after the controversial Citizens United ruling, the Supreme Court is expected to rule against an Arizona law that seeks to moderate election spending by providing subsidies to candidates who face big-spending opponents.

On Monday, the Supreme court announced it would hear a challenge to the Clean Elections Act, a law adopted by Arizona voters in 1998 that is designed to limit campaign spending by providing public funding to candidates.

Candidates can opt out of the public funding to avoid its pre-set spending limits, but by doing so they may be inadvertently helping their opponent. If a candidate opts out of the public funding, and receives private funding above the pre-set limit, the state provides "matching" public funds to the other candidates.

The court has already signaled its disapproval of the legislation. In June, it blocked the state from providing "matching funds" to candidates running for office.

The law is being challenged by libertarians who claim it unfairly punishes candidates who raise private money by forcing them to cut back their spending in order to avoid their opponent receiving additional public funds.

The court is set to hear arguments for McComish v. Bennett in the spring.

"Public financing has a number of benefits, including reducing the threat of corruption and the appearance of corruption, providing a jump start for new candidates who are not professional politicians, and freeing up candidates and officeholders to have more time to interact with voters," Richard Hasen of the Loyola Law School in Los Angeles said. "The whole point of the extra matching funds in the Arizona plan is to give candidates assurance they won't be vastly outspent in their election."
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