James Madison Center

Thursday, October 13, 2011 A group of plaintiffs has filed a lawsuit challenging the constitutionality of New Mexico’s new campaign finance laws. The lawsuit alleges that the new limits on contributions to political parties and from political parties to their candidates, as well as the new limits on contributions to committees that spend money independently of any candidate, are unconstitutional. Political parties in New Mexico used to be able to accept...

For the second time in as many years, a federal judge in Wisconsin has ruled that a Wisconsin campaign finance law unconstitutional. On September 14, the court ruled that Charles G. Hatchett, a resident of Whitewater, cannot be made to register with the state and include a disclaimer on post cards and flyers urging his fellow residents to vote against a referendum. Mr. Hatchett filed suit in March, 2010, arguing that...

Last Friday, North Carolina Right to Life’s independent expenditures committees filed a federal suit in North Carolina against the state’s matching funding scheme as an unconstitutional infringement on their First Amendment free speech rights. North Carolina’s Public Campaign Finance Fund provides state supreme court candidates with the option to receive public funding if they agree to limit how much money they raise and spend on their campaigns. The Fund’s matching fund...

Late Tuesday a federal district court in New Mexico declared unconstitutional a provision of Albuquerque’s system of public funding for elections that provides taxpayer funding to legislative candidates based on opposition speech. Albuquerque’s Open and Ethical Election Code provides taxpayer funding for Albuquerque city council and mayoral candidates who agree to limit how much money they raise and spend on their campaigns. Under the scheme, city council candidates receive $1 for...

Wednesday, July 6, 2011. Today, a federal appellate court in Richmond, Virginia, gave new life to a candidate’s efforts to vindicate his constitutional rights. In August 2010, a lower court ruled that Herb Lux, who sought to run for Congress in the 2010 general election, did not have a constitutional right to personally collect signatures in furtherance of his own candidacy. Today, an appeals court held that the lower court must...

Thursday, June 30, 2011. On Wednesday, a citizen coalition led by Protect Marriage Washington asked a federal court to prevent Washington Secretary of State Sam Reed from publishing the names and addresses of thousands of citizens who signed a controversial referendum petition in 2009. Approximately 138,000 Washingtonians signed a petition in 2009 to repeal a law that gave same-sex partners all the legal rights of married couples. The petition was successful...

Today the United States Supreme Court declared unconstitutional an Arizona system of public funding of elections because it gave money to candidates based on the First Amendment speech of others.  The Arizona Clean Elections Act, passed in 1998, provides taxpayer funding for any Arizona statewide candidates who agree to limit how much money they raise and spend on their campaigns. Under the scheme, Arizona’s gubernatorial candidates receive $638,222.50, plus additional “matching...

New Mexico Turn Around, a free market oriented advocacy organization, filed suit in federal court on Friday against Albuquerque’s public funding scheme for city council candidates, asserting it is an unconstitutional infringement of their First Amendment free speech rights. Albuquerque’s Open and Ethical Election Code provides taxpayer funding for Albuquerque city council and mayoral candidates who agree to limit how much money they raise and spend on their campaigns. Under the...

Last Friday, the Republican Super PAC (RSPAC) submitted comments on the advisory opinion request of Majority PAC and House Majority PAC. On May 19, the two Democratic PACs asked the Federal Election Commission for an advisory opinion approving their plan to receive lawful federal contributions solicited by federal candidates, officeholders, and national political party officials. In its comments, RSPAC explained why the PACs’ planned activities are legal. The so-called super PACs...

PRESS RELEASE Tuesday, March 4, 2011 Contact: James Bopp, Jr. Phone: 812/232-2434; Fax: 812/235-3685; jboppjr@aol.com FOR IMMEDIATE RELEASE As detailed here, on Wednesday, a federal court heard oral argument on Wisconsin Right to Life PAC’s request to enjoin Wisconsin’s rescue funds for Wisconsin’s Supreme Court candidates. Says Jim Bopp, counsel for WRTL, “the rescue funds, which give an opposing candidate money based on what individuals and groups like WRTL spend, discourages...

PRESS RELEASE Tuesday, October 19, 2010 Contact: James Bopp, Jr. Phone 812/232-2434; Fax 812/235-3685; jboppjr@aol.com Supreme Court Justice Anthony Kennedy today ordered responsive briefing on an emergency request to halt unconstitutional aspects of Maine’s public funding scheme for state candidates. The Maine Clean Elections Act, passed in 1995, provides taxpayer funding for Maine legislative and gubernatorial candidates who agree to limit how much money they raise and spend on their campaigns....