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Watchdog: Supreme Court Should Uphold Arizona Clean Elections.

Submitted by Adam Smith on Mon, 03/28/2011 - 00:06

Washington, D.C.-The U.S. Supreme Court will hear arguments Monday in McComish v. Bennett, a case that will assess the constitutionality of public financing law for the first time in 35 years.

Public Campaign President and CEO Nick Nyhart issued the following statement on the case:

“Arizona Clean Elections has proven to be an effective, innovative reform—one that enhances speech, reduces corruption, and encourages the participation of ordinary citizens. Public financing systems like the one in Arizona and in states across the country are tools to restore accountability to government, and to put power back in the hands of voters, not special interests.

“We hope the Court agrees with the bipartisan group of former elected officials, 13 former chief and associate justices of state Supreme Courts, top constitutional law professors and political scientists, and business leaders who, as friends of the court, believe strongly in the constitutionality of this important system.

“If the Court strikes down Arizona's law, the result will be less speech, not more--in not only Arizona's elections, but in the 29 states and cities that have similar systems in place.”

The McComish case arose from a challenge to the current Clean Elections system in Arizona, which voters passed at the ballot in 1998, and has been in place since 2000. Clean Elections was passed after one of the worst corruption scandals in Arizona’s history, and offers public funding for candidates who forgo private fundraising and limit spending. The specific challenge is to the “triggered matching funds” provision, which offers candidates who face high-spending, privately financed opponents (or outside groups) additional grants to remain competitive.

The Supreme Court has a long history of endorsing voluntary public financing since its landmark 1976 Buckley v. Valeo case. While the Roberts’ Court has shown a willingness to issue sweeping rulings on narrow cases, as evidenced by last year’s decision in Citizens United v. FEC, a broad ruling by the Court could take public financing off the table, handicapping voters' efforts to take back elections from special interest money.

No matter the outcome, the Court should make a narrow decision based on the specific challenge. This would ensure that McComish does not curtail the remaining policy options to strengthen the political speech rights of most all Americans. 

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Public Campaign is a national nonprofit, nonpartisan organization working to raise the voice of everyday Americans through common sense reform of the way our elections are financed.

Media Contact

Adam Smith, Communications Director
(202) 640-5593
asmith@publicampaign.org

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