A Maine Ballot Initiative Limiting State Contributions to SuperPACs was Also Ruled Unconstitutional.  This One, However, Might Reach SCOTUS.



We reported last fall that Maine voters approved Ballot Question 1, limiting contributions to SuperPACs spending money in state elections.  It passed with massive voter support, but like the state’s foreign influence ban, was ruled as likely unconstitutional.  That’s what organizers hoped would happen. 

The ballot question reads:  “Do you want to set a $5,000 limit for giving to political action committees that spend money independently to support or defeat candidates for office?”  The Act also required all SuperPAC donors to be disclosed. 

A 1st Circuit federal district court ruled July 15th that both provisions violated free speech protections, and pointed to the Citizens United, Buckley v. Valeo and other past U.S. Supreme Court decisions.   Harvard Law professor Lawrence Lessig argues that large contributions to PACs risk quid pro quo corruption of supported candidates, even if a candidate isn’t directly speaking with the SuperPAC.  Elon Musk’s America PAC and crypto industry SuperPAC support of Donald Trump are recent examples.

Lessig said in 2023 when the initiative was announced that it was designed to force the U.S. Supreme Court to answer whether contributions to SuperPACs can be regulated by states in the same way state candidate contributions are limited.  The case will next be appealed in the 1st Circuit, then could reach the U.S. Supreme Court in late 2026.

We have more at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

Brennan Center for Justice – Since Citizens United, a Decade of Super PACs
Equal Citizens – (2023) EqualCitizens.US Announces Maine Effort to Limit SuperPAC Contributions
Ballotpedia – Maine Question 1, Limit Contributions to Super PACs Initiative (2024)
Maine Citizens to End SuperPACs – “An Act to Limit Contributions to Political Action Committees That Make Independent Expenditures”
Associated Press – A voter-approved Maine limit on PAC contributions sets the stage for a legal challenge
U.S. 1st Circuit District Court (via Courthouse News) – Opinion in DINNER TABLE ACTION et al. v. WILLIAM J. SCHNEIDER
Maine Morning Star – Another voter-backed Maine law regulating campaign finance halted, but the case is far from over

Groups Taking Action:

American Promise, Citizens to End SuperPACs, Equal Citizens

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – Register And Vote in Your State


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