U.S. District Court in Arizona Tentatively Invalidates One Aspect of Public Funding Law

On January 14, U.S. District Court Judge Roslyn Silver, a Clinton appointee, issued a tentative 18-page opinion in McComish v Brewer, cv-08-1550. The tentative opinion says that part of Arizona’s Public Funding law for candidates for state office is unconstitutional. Specifically, the decision strikes down the part of the law that says when a privately-funded candidate manages to raise a large amount of money privately, then that candidate’s publicly-funded opponents get a substantial additional amount of public funding.

Judge Silver set another oral argument for January 15, to give the state a chance to persuade her that her tentative opinion is wrong. See this story. Thanks to Bill Van Allen for the link to the decision.


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