Federal appeals panel rejects challenge to Maine election law

The Associated Press

02.21.00

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PORTLAND, Maine — A federal appeals court has upheld the constitutionality of Maine's Clean Election Act, enabling the new campaign-finance process to go on as scheduled this year.

The 1st U.S. Circuit Court of Appeals in Boston on Feb. 18 rejected a wide-ranging challenge to the voter-approved statute that limits contributions to legislative and gubernatorial candidates and provides public financing to those who forgo private donations.

"This is total victory for the people of Maine," said John Brautigam of the Maine Citizen Leadership Fund.

Because of the March 16 deadline for legislative candidates to seek qualification for public funding under the law, the three-judge appeals panel expedited the case and advised attorneys that it planned to affirm U.S. District Judge D. Brock Hornby's decision that upheld the law.

The panel that heard the case said a full opinion spelling out its reasoning would be issued soon.

Groups including the Maine Civil Liberties Union and the National Right to Life PAC had challenged the law.

The Clean Election Act was approved by voters in a 1996 referendum. It gives legislative candidates that qualify for public funding 75% of the average amount spent on comparable races in 1998 and 1996.

Candidates could get up to twice as much later to keep pace with privately funded opponents.

Hornby approved the law's $250 limit from any source for state House and Senate candidates, but ruled that it was premature to decide on the $500 limit on donations to gubernatorial candidates. Maine's next gubernatorial election is in 2002.

The MCLU argued that the law stifles free speech by keeping candidates from raising enough money to campaign effectively.

As of Feb. 17, 50 candidates were filing declarations of intent to use the new system. Maine Citizens for Clean Elections said they include incumbents, challengers and candidates for open seats.