Monday, September 24, 2001
Contact: James Bopp, Jr., General Counsel
Phone 812/232-2434; Fax 812/235-3685
jboppjr@abcs.com, www.jamesmadisoncenter.org

Madison Center Secures Preliminary Injunction Against Candidate Spending Limit In Albuquerque City
Council Races

A Federal District Judge on Thursday issued a preliminary injunction against Albuquerque, New Mexico's limits on
the spending of candidates for its city council. Acting on the request of the Madison Center and its client, councillor
candidate Sander Rue, Chief Judge James A. Parker found that Mr. Rue had "shown a substantial likelihood of
success on the merits" and would "suffer irreparable harm to his First Amendment rights in the absence of
preliminary injunctive relief." The city did not contest the entry of preliminary injunction.

According to James Bopp, Jr., Mr. Rue's lead attorney on the case, "This decision recognizes that the city is going
to have an awfully tough time defending this statute. Both the Supreme Court and the Courts of Appeals have
consistently recognized that this type of limit violates the First Amendment." The decision followed a recent
decision by the Tenth Circuit Court of Appeals in Denver, which enjoined Albuquerque's limit on spending by its
mayoral candidates.

The injunction will allow Mr. Rue and other city council candidates to spend as much money on their campaigns for
the scheduled October 2 elections as they are able to raise from their supporters or from personal resources. In his
complaint, Mr. Rue explained that the limits would prevent him from sending at least three critical mailings to his
prospective constituents. The case is Rue v. City of Albuquerque.