Tag: clean elections

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ballot access too much government

Arizona “Clean Elections” Scheme Nixed

The United States Supreme Court decided, 5 – 4, against Arizona’s “clean elections” law. In two challenges to the law, Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett and McComish v. Bennett, the Court ruled for freedom and against a bizarrely unfair form of “fairness.”

The idea behind Arizona’s law was to make money somehow “not count” by “leveling the playing field.” Arizona did this by giving taxpayer money to “clean elections candidates” to equal the voluntary donations obtained by privately funded competitors.

Chief Justice Roberts says the scheme goes “goes too far.” I would say: Way too far.

Roberts nicely argues that though “‘Leveling the playing field’ can sound like a good thing … in a democracy, campaigning for office is not a game.  It is a critically important form of speech.  The First Amendment embodies our choice as a Nation that, when it comes to such speech, the guiding principle is freedom — the ‘unfettered interchange of ideas’ — not whatever the State may view as fair.”

Now, I see why people don’t like the ugliness and “unfairness” inherent in “winner-​takes-​all” zero-​sum contests like political campaigns. But the solution isn’t to hand public money to some favored candidates, effectively putting a finger on the scales. Instead, provide the public with greater choices, and let the people freely decide.

This is Common Sense. I’m Paul Jacob.

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ballot access First Amendment rights

Clean Elections or Dirty Con?

No supporter of so-​called “clean elections” would argue that we should be forced by law to pull the lever on election day for the candidate we oppose. But the tangled web that politicians and regulators have woven with campaign finance laws does often force us to support candidates we oppose during the run-​up to election day.

Here’s just one perverse example: The “‘clean’ elections” system in Arizona. Under Arizona’s scheme, if Candidate A runs as a “‘clean’ elections” candidate, every time Candidate B, who declines public funding, raises a certain amount of money by making effective appeals for support, Candidate A gets matching funds at taxpayer expense. In other words, the government forces you as taxpayer to offset the support you give to Candidate B voluntarily by ensuring that your money goes to Candidate A too — involuntarily. Under this law, the spending of independent groups is also matched by coercive taxpayer donations to “‘clean’ elections” candidates.

It’s a horrific skewing of the political field in favor of the ideas and candidates voters don’t want to support — a direct coercive assault on their democratic rights.

The fate of Arizona’s “welfare-​for-​politicians” law has survived a federal appeal, but may yet be heard by the U.S. Supreme Court. The Institute for Justice has taken up the cudgels on behalf of independent groups and candidates who garner financial support the old fashioned way … they earn it.

This is Common Sense. I’m Paul Jacob.