Cases
Arizona Campaign Finance

Martin v. Brewer
Institute for Justice Arizona Chapter Challenges Arizona’s “Clean Elections Act”

In this challenge to Arizona’s so-called “Clean Elections Act,” the Institute for Justice Arizona Chapter (IJ-AZ) seeks to protect the rights of individuals and groups to speak freely during political campaigns. Arizona’s scheme of publicly financing elections threatens to drown out the voices of individuals and groups who wish to support privately financed candidates who run against taxpayer-funded candidates. If a group makes an independent expenditure in favor a privately funded candidate, the unelected bureaucrats at the Clean Elections Commission dole out dollar-for-dollar “matching funds” to the publicly funded candidate. That means that for every dollar an individual or group spends to support the candidate of their choice, the government pays an equal amount of money to the political competition.

IJ-AZ also seeks to preserve the right of individuals to run for public office without having to accept taxpayer funds. Arizona’s public financing scheme punishes candidates who reject the political welfare of public funding by burying them in red tape, giving extra money to their publicly funded opponents and setting stricter limits on how much they may raise. "Clean Elections" doesn't level the playing field, it levels the players on the field.

Essential Background

 

Images

Backgrounder: Freeing Speech from Government Control

 

Client Photo - none available

 

Client Video - none available

Latest Release: Federal Court to Decide on Expedited Schedule Whether to Halt Arizona Clean Elections System (September 3, 2008)

   
 

Legal Briefs and Decisions

 

none available

Launch Release: Lawsuit Exposes Dirty Little Secrets Behind Arizona’s "Clean" Elections (January 28, 2004)

   
   
     

Case Timeline

Filed Lawsuit:

 


January 29, 2004

Court Filed:

 


U.S. District Court for the District of Arizona

Decision(s):

 


March 10, 2005: Judge Carroll, U.S. District Court in Arizona, grants Motion to Dismiss and enters Final Judgment in the case, upholding the law.

April 8, 2005: IJ files Notice of Appeal to the 9th Circuit

August 15, 2007: 9th Circuit reinstates case and remands for consideration of law's constitutionality

Current Court:

 


U.S. District Court for the District of Arizona

Status:

 


TBD

Next Key Date:

 


TBD

     

Additional Releases

 

Maps, Charts and Facts

Release: Institute for Justice and Clients Move to Join New “Clean Elections” Challenge, Ask for Injunction for November Election (September 2, 2008)
  none available
Release: Institute for Justice Renews Challenge to Arizona’s Scheme of Taxpayer-Funded Political Campaigns (November 27, 2007)
  

Release: Appellate Court Dismisses Challenge to Arizona’s Scheme of Publicly Funding Elections (May 10, 2007)

 

 

Release: 9th Circuit Case Could Decide Future of Free Speech in Elections (February 8, 2007)

 

Op-eds, News Articles and Links

 

Article: IJ State Chapters Team Up to Fight Campaign Finance Case Before 9th Circuit, Liberty & Law (April 2007)

Release: U.S. District Court Dismisses Legal Challenge to Public Financing Scheme (March 10, 2005)

 

Article: 2004 Election Cycle Demonstrated Dirty Secret Behind “Clean Elections Act”, Liberty & Law (February 2005)

Release: U.S. District Court Declines to Halt Coercive Provisions of Arizona Public Campaign Financing Scheme (July 8, 2004)

 

Article: IJ-AZ Lawsuit Exposes Dirty Little Secrets Behind Arizona’s “Clean” Elections (April 2004)

Release: IJ Asks Federal Court to Enjoin Arizona’s "Clean" Elections Act (February 19, 2004)

   
 
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