Case Background:
In 1998 Arizona voters narrowly approved a ballot initiative called the Clean Elections Act. The law set up a system of publicaly financed election campaigns for candidates for statewide office and the state legislature.
Since its inception in 2000, several lawsuits claiming the system violates the First Amendment have been filed. One such lawsuit is still on appeal in federal court.
The Goldwater Institute filed its lawsuit, McComish v. Brewer, to challenge the "matching funds" provisions in the system based on a June 2008 U.S. Supreme Court decision in the Davis v. F.E.C. case. That case held that the goal of “leveling” electoral opportunities does not justify a campaign finance system in which “the vigorous exercise of the right to use personal funds to finance campaign speech produces fundraising advantages for opponents in the competitive context of electoral politics.”
The Stakes:
- The protection of the First Amendment rights of candidates who chose not to participate in the taxpayer-subsidized election finance system.
- The elimination of government interference in campaign activities.
Case Documents:
Case Timeline:
August 21, 2008 case filed in U.S. District Court.
Press Release:
Candidates File Lawsuit Against Clean Elections
Read more about Clean Elections:
How can I help?
Learn more about the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation.