N.M. city's mayoral campaign-spending cap struck down
By The Associated Press
08.26.02
ALBUQUERQUE, N.M. — A campaign-spending cap imposed on Albuquerque's mayoral candidates has been struck down by a federal judge, who says it is unconstitutional.
U.S. District Judge Martha Vazquez said on Aug. 22 that she was bound to follow an earlier decision in the case by the 10th U.S. Circuit Court of Appeals.
However, she said she believes the spending limits would survive a constitutional challenge.
"The limits are narrowly tailored to serve compelling interests, such as deterring the appearance of corruption and promoting confidence in government, Vazquez said.
Last year, she refused to grant an injunction requested by Rick Homans, a mayoral candidate at the time, to set aside the spending caps.
He went to the 10th Circuit and won an order scuttling the cap while his case continues.
The 10th Circuit said that "the public interest is best served by following binding Supreme Court precedent and protecting the core First Amendment right of political expression."
The U.S. Supreme Court considered spending caps in the 1976 case Buckley v. Valeo and ruled them unconstitutional, but Albuquerque kept its limits, imposed in 1974. The city law limited campaign spending by mayoral candidates to no more than twice the mayor's annual salary. The spending limit would have been about $175,000 in last year's election.
Homans reported spending about $595,000 for his campaign — more than any other candidate, including winner Martin Chavez, who spent about $422,000.
Homans, who finished fifth among eight candidates in the campaign, said on Aug. 22 he would press on with his lawsuit, even if it is appealed.
"Clearly, this is a national issue," he said. "It looks like there are several more acts to play before the curtains come down on this."
City Attorney Bob White declined comment, saying he had not seen Vazquez's decision.
Assistant City Attorney Randy Autio said the city would "take a look at the judgment and then respond accordingly."
On Aug. 7, the 2nd U.S. Circuit Court of Appeals upheld a 1997 Vermont law limiting spending by gubernatorial candidates to $300,000.
"Until the Supreme Court revisits the issue of campaign finance reform, thereby resolving the clear conflict that now exists between the 10th Circuit and the 2nd Circuit, this court can reach no other holding," Vazquez said in her Aug. 22 decision.
Rick Alvidrez, Homans' attorney, said his case could have national implications.
"We're developing the possibility of a split of decisions in the circuit courts and the circuit courts of appeal, which can set the stage for an appeal to the U.S. Supreme Court," Alvidrez said.
The Aug. 22 ruling by Vazquez is the "final judgment unless the city appeals it to the 10th Circuit," he said.