A federal court struck down a Connecticut campaign finance provision providing public funds to candidates facing deep-pocketed, free-spending opponents on Tuesday.
The court held that the ātrigger provision,ā similar to a Florida election law Rick Scott is challenging, āimposes a substantial burden on the exercise of the First Amendment right to use personal funds for campaign speechā without serving āa compelling state interest,ā and is therefore unconstitutional. (The full text of the decision, which upheld other aspects of Connecticutās public finance laws, can be read in full after the jump.)
ScottĀ filed a lawsuit last week to prevent McCollum from receiving millions of taxpayer dollars if Scott exceeds Floridaās $24.9 million spending limit. He has already spent nearly $21 million. The suit claims this burdens Scottās First Amendment rights by discouraging political speech.
McCollum does stand to receive nearly $2 million under a separate public financing provision that matches contributions of less than $250.
Tuesdayās ruling was based in large part on the U.S. Supreme Courtās 2008 decision that struck down the federal āmillionaireās amendment,ā which allowed candidates whose opponents exceeded a spending threshold to collect larger donations.
In an editorial today, The New York Times calls that decision ādeeply unfair,ā and goes on to argue:
Campaign finance systems may soon be left with only one tool to keep nonwealthy candidates competitive: matching small donations at high rates. That, of course, will keep such candidates desperately busy raising money, while their rich opponents saturate the airwaves with commercials explaining how passionately they understand the needs of the ordinary American.
The Supreme Court alsoĀ intervened recently in the Arizona governorās race to cut off that stateās public matching funds program for candidates outspent by wealthy opponents.
Hereās a copy of Tuesdayās decision: