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Public Campaign Funds Triggered by an Opponent’s Expenditures

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
November 17, 2018
Available Online Only

Scott v. Roberts (Robert L. Hinkle, N.D. Fla. 4:10-cv-283)
A self-funded gubernatorial candidate filed a federal complaint challenging public matching campaign funds for an opponent triggered by the plaintiff’s spending above a specified threshold. The district court determined that the provision combated corruption by promoting public campaign financing, but the court of appeals issued a preliminary injunction against the provision because it was not the least restrictive way to combat corruption. After the Supreme Court invalidated a similar provision in another state, the district judge issued a permanent injunction against the provision.
Subject: Campaign activities. Topics: Campaign finance; intervention; primary election.

One of many Case Studies in Emergency Election Litigation.