Judiciary

Anti-Abortion Group Challenges Public Funding of Judicial Elections in Wis.

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A new state law that provides public funding for Wisconsin Supreme Court candidates is facing a First Amendment challenge.

The Christian Science Monitor calls Wisconsin a “pioneer” in trying to reduce the influence of special interests in judicial elections. The new law, which took effect Dec. 16, aims to level the playing field among candidates with different amounts of financial backing.

The law gives supreme court candidates initial funding of $300,000 for the general election if they agree to spending limits, according to the Monitor and the Milwaukee Journal Sentinel. The amount may increase, to up to $900,000, based on spending by candidates who are not publicly funded and by groups opposing publicly funded candidates.

In the primary, publicly funded candidates get an initial $100,000, with possible increases up to $300,000, the Journal Sentinel says.

The Wisconsin Right to Life Political Action Committee is challenging the law. Its lawyer is James Bopp.

“Under this system simply running an ad against a candidate can result in that candidate getting more taxpayer money,” Bopp said. “Third parties are chilled from speaking in support of a candidate because doing so will likely result in providing additional funds to that candidate’s opponent,” he says.

Related material:

ABA Journal: “The Big Bopper: This Terre Haute Lawyer Is Exploding the Canons of Judicial Campaign Ethics”

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