New Mexico Republican Party Files Lawsuit Against Restrictions on Giving to Political Parties

On October 7, the New Mexico Republican Party filed a lawsuit in U.S. District Court against New Mexico laws, passed in 2009, that severely limit contributions to political parties. Here is the complaint. The case is Republican Party of New Mexico v King, 11-cv-900. The case was assigned to Judge William P. Johnson, a Bush Jr. appointee.

The suit attacks the law that prohibits any individual from giving more than $5,000 to a New Mexico political party. Although the U.S. Supreme Court has upheld limits on how much an individual may donate to a political party, the law upheld by the U.S. Supreme Court, a federal law, has much higher donation limits, which rise with inflation and which are now approximately $30,000 per year.

The lawsuit also attacks the New Mexico law because it has been interpreted to ban the national Republican Party from giving more than $5,000 to the New Mexico Republican Party. The lawsuit says federal law preempts such a limit, and permits a national party to give as much money as it wishes to a state party. And, the lawsuit attacks the law that says the Republican Party state party can’t give more than $5,000 to any county Republican Party. Thanks to Joe Trotter for the link.

Although there are many campaign finance lawsuits pending, there are few such cases involving limits on donations to political parties. The only other one now pending, as far as is known, is the Libertarian Party lawsuit that challenges the federal law on limits to political parties when the giver is deceased.


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