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Campaign-Finance Regulations for Candidates Opposing Self-Funded Candidates

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
October 7, 2023

McComish v. Brewer (Roslyn O. Silver, D. Ariz. 2:08-cv-1550)
On August 21, 2008, candidates for office in Arizona filed a federal complaint challenging a campaign-finance provision that provided a benefit to candidates whose challengers exceeded statutory thresholds of expenditures. The suit was filed eight weeks after a Supreme Court decision invalidating a similar law. Reluctant to disrupt the finances of an ongoing campaign season, the district court denied immediate injunctive relief. After full litigation, the district court struck down the campaign-finance scheme, and the Supreme Court ultimately affirmed the district court’s ruling.
Subject: Campaign activities. Topics: Campaign finance; laches; attorney fees.

One of many Case Studies in Emergency Election Litigation.