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The
Buck Buckley Campaign
News
Release:
Advocates
Vow Continued Defense of Campaign Spending Limits Following Supreme Court's
Denial of Review in Albuquerque Spending Limits Case: Most Expensive Federal
Election in History Highlights Need for Reform
WASHINGTON, D.C.—The
U.S. Supreme Court today declined to decide whether campaign spending
limits may be upheld consistent with the First Amendment, letting stand
a ruling of the U.S. Court of Appeals for the Tenth Circuit that struck
down the City of Albuquerque's limits on campaign spending in municipal
elections.
As a result of today's
order denying the petition for certiorari in City of Albuquerque v. Homans,
circuit courts remain split on the issue of whether campaign spending
limits may be upheld. The Sixth and Tenth Circuits have barred such limits,
but the Second Circuit, in a case addressing mandatory spending limits
in Vermont, has ruled that such limits may be sustained on a showing that
they are narrowly tailored to support compelling governmental interests.
"The Court's
action today leaves unanswered the critical question of whether, on the
right factual record, spending limits ultimately may be sustained in light
of the compelling governmental interests they serve," said Stuart
Comstock-Gay, Executive Director of the National Voting Rights Institute,
which served as lead counsel for the City of Albuquerque. "The need
for fundamental change to limit the role of money in politics is greater
than ever, and the Vermont case will now take center stage in testing
the constitutionality of campaign spending limits."
The Vermont case,
Landell v. Sorrell, currently is pending before the U.S. Court of Appeals
for the Second Circuit. In that case, in a major victory for reformers,
a three-judge panel of the Second Circuit ruled in August that Vermont
had established compelling governmental interests that could justify its
spending limits, ordering further fact-finding on whether the limits are
sufficiently narrowly tailored. The plaintiffs challenging the Vermont
law have since filed a petition for rehearing en banc before the full
12-member appeals court. The Second Circuit has yet to rule on that petition.
The National Voting Rights Institute serves as lead counsel for the defendant-intervenors
in defense of Vermont's campaign spending limits law.
Underscoring the importance
of the constitutional issues surrounding campaign spending limits, numerous
amicus briefs had urged the Supreme Court to grant review in the Albuquerque
case. As noted in a brief filed by former Senators Bill Bradley and Alan
Simpson, because of the spiraling cost of political campaigns, "the
primary focus of elected officials has shifted from serving their constituents
to preserving their jobs by raising money." Other amicus briefs urging
the Court to take the case were filed by a bi-partisan group of current
Senators led by Senators Fritz Hollings (D-SC) and Ted Stevens (R-AK);
attorneys general, secretaries of state, and state high court justices
from 22 different states, and advocacy groups including Common Cause,
the NAACP, and the National Association of State PIRGs
"The spending
levels reached in the recent election only confirm that mandatory spending
limits are a necessary step to protect our democracy," said Common
Cause President Chellie Pingree. The 2004 federal elections were the most
expensive in history. The presidential election alone saw over half a
billion dollars in spending by the candidates. The presidential and congressional
elections together cost a record $3.9 billion—a 30 percent increase
over four years ago. In 96 percent of House races and 91 percent of Senate
races, the candidate who spent more money won the election in 2004.
"It is time to
bring an end to the arms race in candidate spending and make elections
a contest of ideas, not dollars. The fight to defend campaign spending
limits must continue," said Dana Mason, Democracy Advocate of the
U.S. Public Interest Research Group (U.S. PIRG).
Stuart
Comstock-Gay or John Bonifaz
National Voting Rights Institute
(617) 624-3900
Robert White
City Attorney, City of Albuquerque
(505) 768-4500
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