Judges keep campaign finance law despite constitutional concerns

Despite a preliminary ruling that said a portion of Arizona's Clean Election law was unconstitutional, a federal judge on Tuesday declined to stop the practice.

The lawsuit, brought by Rep. John McComish and others, challenged the state law, specifically a portion that allows matching funds for publicly-funded candidates when privately-funded candidates, or their supporters, spend more.

Judge Roslyn O. Silver said an explanation of her decision would be available by the end of the week.

"This was a short-term lose, but in the long term the matching funds provision will be removed," McComish said.

The issue revolves around money, specifically how participating candidates who get public money instead of raising campaign funds from individuals and political action committees can get extra money if traditionally-funded candidates raise a lot of money, or when an independent group spends money on a candidate's behalf.

"The matching funds provision creates an uneven playing field for candidates who don't use public funds," said Nicholas Dranias, director of constitutional policy studies for the Goldwater Institute, which is providing legal counsel to challenge the law.

In McComish's case, an independent campaign, which by law McComish could know nothing about, spent $6,000 in August to send out a mailing on his behalf. He didn't pick the message, or the target audience, or the timing. But because of the matching funds provision in the Clean Elections Act, each of his three GOP opponents, who were running with public funding, got $6,000 each.

"That's $18,000 spent effectively against me and $6,000 spent ineffectively for me," McComish said. "How does that figure?"

The same matching provision would benefit his opponents if he raised more money than allowed by the state law.

McComish said it stifles communication and violates free speech.

While Silver appeared to agree, the law has survived a half dozen legal challenges in Arizona courts, including being upheld by the Arizona Supreme Court.

"We will continue to fight on," McComish said, "but exactly how and when, we will see after we review her ruling."