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Arizona Clean Election law provision ruled unconstitutional

Judge's gavel
Judge's gavel
Photo credit: 
Morguefile/Holder

A number of Pima County candidates may be effected by a federal judge who appears ready to rule against a key provision of Arizona's system of funding elections. There will be a hearing on January 15, 2010 to hear a final plea by attorneys hoping to change her mind about the provision in the Arizona Clean Election Law.

U.S. District Court Judge Roslyn Silver has said that it is unconstitutional for the state to award matching funds to publicly funded candidates when those running against them spend more private dollars than their allocation. 

In her opinion, this is a kind of artificial balancing of financing by the government and cannot be justified without a showing of a legitimate public purpose.  Silver rejected arguments by the state that the provision was necessary to prevent corruption.

According to the Arizona Daily Star, the decision could leave dozens of candidates who have already decided to accept public funding at a severe financial disadvantages.

To read more about Citizens Clean Election Act see Article 2 of the Arizona Revised Statutes

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, Pima County Elections 2010 Examiner

Martha R. Gore, a freelance writer specializing in national politics, will write about the American political scene in concise, easy to comprehend language. She holds a Master of Library Science Degree and is a member of the Society of Environmental Journalists.

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