Challenge to Maine Clean Election Act
Cushing v McKee
For almost a year, Maine's campaign finance laws were subject to a challenge in Cushing v McKee. The lawsuit, filed by plaintiffs Andre Cushing (Assistant Minority Leader of the Maine House of Representatives), Harold Clough (Donor to campaign of Republican gubernatorial candidate Paul LePage), and Respect Maine PAC (Andre Cushing's leadership PAC), aimed to:
Filed in August of 2010, just three months before Election
Day, the plaintiffs aggressively pursued a temporary restraining order so that
the laws in question would not be in place for the election. The federal courts denied the case at every
level, including the final appeal to the United States Supreme Court, which
ruled just two weeks before Election Day that the laws would remain in effect.
Read MCCE statement on the lawsuit - (8/6/2010)
In June of 2011, the U.S. Supreme Court ruled on an Arizona case, McComish/Arizona Free Enterprise Club v Bennett, and overturned a similar Clean Election matching funds provision. Consistent with that decision, Maine Federal District Judge George Singal ruled in favor of the plaintiffs in Cushing v McKee on the matching funds question. The other two elements of the case - gubernatorial contribution limits and reports of independent expenditures - were dropped.
Read MCCE statement on Judge Singal's decision - (9/16/2010)
Read MCCE Press Release on the 1st Circuit Court of Appeals ruling - (10/5/2010)
Read MCCE Press Release on US Supreme Court Challenge - (10/13/2010)
Read MCCE Release on the US Supreme Court refusal to enjoin Clean Elections Laws - (10/25/2010)
MCCE was a Friend of the Court in Cushing v McKee, and filed amicus briefs on behalf of our organization and several candidates.
Today, MCCE is working with a broad group of stakeholders to repair the Clean Election Act in the wake of the court ruling. The goal is to ensure that any changes strengthen the program and are consistent with its intent, and to make the changes before the 2012 elections are underway.
Read more:
Two options considered for Clean Election fixes, Portland Press Herald, 8/19/2011
Maine Ethics Commission Seeks Clean Election Law Fix, MPBN, 8/18/2011
Effort under way to fix Maine campaign funding law, Bangor Daily News, 7/21/2011
Judge Strikes Down Maine's Matching Funds Law, MPBN, 7/21/2011
High court decision to impact Maine clean elections law, Lewiston Sun Journal, 6/28/2011
High court won't block Maine campaign law, Lewiston Sun Journal, 10/24/2010
U.S. Supreme Court Justice Kennedy Gives Bopp Another Shot at an Injunction on Maine's Election Laws, The Free Press, 10/21/2010
Clean Election Advocates Win U.S. Supreme Court Round, MPBN, 10/13/2010
Clean Election funds protected by the courts - for now, Editorial, Journal Tribune, 10/13/2010
Thumbs Up - Court Affirms Maine Law, Editorial, Monday Meter, Times Record, 10/11/2010
Our View: Court right to uphold candidate matching funds, Portland Press Herald, Editorial, 9/22/2010
Maine Clean Elections Advocates Win Court Round, MPBN, 9/17/2010
Judge rejects bid to curtail election funds, Bangor Daily News, 9/17/2010
Matching funds are "fundamental matter of fairness", John Brautigam, Village Soup, 9/1/2010
Guest Column: Clean Elections system works just the way it is, Maine House Speaker Hannah Pingree, Bangor Daily News, 8/14/2010
Maine Voices: Suit against Clean Elections law an effort to halt political speech, MCCE Co-chairs Alison Smith and Ann Luther, Portland Press Herald, 8/11/2010
Alison Smith on FOX's Good Day Maine, 8/9/2010
Conservative Groups Take Aim at Maine's Clean Elections Law. Listen on MPBN. 8/6/2010
Lawsuit seeks to halt Maine's matching funds campaign law, Bangor Daily News, 8/6/2010
Suit Challenges Maine's Clean Elections law, Boston Globe, 8/6/2010
