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Arizona’s Clean Elections Will Stand, for Now

Submitted by Burney Simpson on Wed, 10/15/2008 - 15:59

  Arizona’s Clean Elections program will probably remain in effect for the upcoming election following a decision Tuesday by U.S. District Judge Roslyn Silver in Phoenix.  Silver denied a motion by opponents to Arizona’s Clean Elections program that supplemental funding for Clean Elections candidates be halted for the Nov. 4 general election. Silver didn’t release her reasoning for the decision but pledged to do that by Friday. Challengers to Clean Elections have said they may appeal Silver’s decision after reading her reasoning.  In Arizona, Clean Elections candidates must get a set number of $5 contributions from voters in their district to receive a grant to pay for their campaign. Once qualified, they forgo all private fundraising. Privately-funded candidates can spend whatever they wish. A Clean Elections candidate can also receive funds to match spending by their privately-funded opponent, or if an independent group spends to oppose them.  Challengers to Arizona’s program argue that the matching provision is unconstitutional because it infringes on a candidate’s free speech rights. The privately-funded candidate is deterred from garnering campaign contributions because the state will always match them, according to this argument.  Supporters of the Clean Elections program say that matching funds are essential to encourage candidates that do not have access to wealth to participate.  Silver in late August ruled unconstitutional a provision in Arizona’s law that allowed Clean Elections candidates to ask for matching funds if they were outspent by their privately-funded opponent. As part of that ruling, though, Silver ordered the state’s Clean Elections system to continue in place for the Sep. 2 primary.  

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