PRESS RELEASE
Monday,
August 8, 2005
Contact:
James
Bopp,
Jr.
Phone
812/232-2434;
Fax
812/235-3685;
jboppjr@aol.com
James
Madison
Center
for
Free
Speech
Sues
North
Carolina's
Public
Financing
Scheme
on
Behalf
of
North
Carolina
Supreme
Court
and
Court
of
Appeals
Candidates
and
North
Carolina
Right
to
Life
Today,
Judge
Barbara
Jackson
of
the
North
Carolina
Court
of
Appeals,
along
with
North
Carolina
Right
to
Life
Committee
Fund
for
Independent
Political
Expenditures
and
North
Carolina
Right
to
Life
State
Political
Action
Committee,
filed
a
class
action
federal
suit
in
the
Middle
District
of
North
Carolina
against
the
state's
public
funding
provisions
as
an
unconstitutional
infringement
on
their
First
Amendment
free
speech
rights.
Judge
Jackson,
who
won
her
seat
for
the
North
Carolina
Court
of
Appeals
in
the
2004
general
election
and
intends
to
run
again
in
2012,
is
challenging
the
effect
the
financing
scheme
has
on
candidates
who
are
not
participating
in
the
scheme,
but
who
intend
to
raise
their
own
campaign
funds.
In
her
2004
judicial
campaign
for
appellate
judge,
she
did
not
qualify
to
participate
in
the
public
financing
scheme
but
found
that
her
ability
to
raise
and
spend
funds
on
her
own
was
severely
restricted
under
the
funding
scheme.
She
brings
this
suit
on
behalf
of
herself
as
well
as
all
judicial
candidates
who
do
not
qualify
to
participate
in
the
public
financing
scheme.
The scheme penalizes judicial candidates that do not get public funds because each dollar a judicial candidate raises and spends on their own is matched by the state to support any publicly financed opponents once a threshold amount is reached. According to James Bopp, Jr., counsel for the James Madison Center for Free Speech, "such restrictions are unconstitutional -- they chill judicial candidates who choose not to participate in the program from exercising their First Amendment right of free speech."
Likewise,
the
North Carolina
Right
to
Life
PACs
involved
in
the
suit
have
found
their
ability
to
contribute
funds
towards
judicial
candidates
or
to
spend
money
independently
in
support
of a
candidate
are
restricted.
The
scheme
has
a
provision
that
bans
contributions
made
21
days
before
an
election
and
imposes
a 24
hour
reporting
requirement
on
independent
expenditures
made
by
PACs
to
assist
the
state
in
administering
the
scheme.
Further,
the
amounts
third
parties
contribute
or
expend
in
support
of
or
opposing
a
candidate
is
included
in
determining
when
a
participating
candidate
has
been
out-spent
by a
non-participating
opponent
and
is
entitled
to
rescue
funds.
"These
requirements
go
beyond
establishing
a
public
financing
scheme
and
instead
place
an
unconstitutional
burden
upon
third
parties'
speech,"
says
Bopp.
"Judicial
candidates
and
third
parties
are
chilled
from
speaking
because
doing
so
may
result
in
providing
additional
funds
to
that
candidate's
opponent."
James Bopp, Jr. has a national federal and state election law practice. He is General Counsel for the James Madison Center for Free Speech and former Co-Chairman of the Election Law Subcommittee of the Federalist Society.