A voter-approved Maine limit on PAC contributions sets the stage for a legal challenge

PORTLAND, Maine -- Maine residents this week overwhelmingly approved a referendum to limit donations to governmental action committees that walk independently successful campaigner elections, mounting nan shape for a ineligible showdown complete caps connected individual contributions to alleged ace PACs that walk freely successful elections.

In nan nation's only run finance betterment inaugural connected nan ballot connected Election Day, residents voted to headdress individual donations to ace PACs astatine $5,000. Supporters afloat expect a suit that they dream will bring clarity to PAC donations aft nan U.S. Supreme Court opened nan doorway to unlimited spending by ace PACs.

The measurement was cautiously crafted to past ineligible challenges arsenic states effort to find a measurement to modulate run spending aft nan Supreme Court's 2010 Citizens United decision, said authorities Sen. Rick Bennett, a protagonist of nan proposal.

"We’ve go a spot wherever our populist is being bought and sold by nan richest group successful our country," said Bennett, a Republican from Oxford. “People of each governmental stripes support this measure. The only group who really reason this are nan monied interests who maltreatment nan system.”

The Supreme Court opened nan floodgates for large business and labour unions to walk freely connected elections successful nan Citizens United decision, and a Court of Appeals determination 3 months later lifted limits connected individual spending.

The Maine inaugural doesn't effort to limit independent spending connected behalf of candidates. It focuses alternatively connected limits connected individual donations to ace PACS, an area nan Supreme Court has not ruled on, observers say.

Cara McCormick, leader of Citizens to End Super PACs successful Maine, said nan extremity is to trim nan outsized power that ace PACs presently bask done alleged “dark money” spending.

Political nonprofit groups are not required to disclose their donors and do not person to uncover overmuch astir really they walk nan donations they receive. A ace PAC whitethorn raise and walk unlimited amounts of money to run independently for candidates for national office. Its activities must beryllium reported to nan Federal Elections Commission but is not different regulated if not coordinated pinch nan campaigner aliases campaign.

“We person nan correct to guidelines up to nan large money successful authorities successful Maine. We’re asserting our correct to limit nan magnitude of money that personification tin springiness to a ace PAC to destruct not only corruption successful our authorities but nan quality of corruption successful our politics. We deliberation that’s thing worthy fighting for,” McCormick said.

In Maine, nan limit would only use to PACs spending money connected behalf of candidates, not ballot committees progressive successful referendums. Maine rule presently limits contributions to candidates, not PACs. For wide elections, individuals tin lend a maximum of $1,950 to a gubernatorial campaigner and $475 to a legislative candidate.

Harvard Law School professor Lawrence Lessig, a longtime advocator for run finance reform, and his Equal Citizens nonprofit backed nan Maine referendum. A akin national inaugural effort successful Massachusetts was blocked by nan lawyer wide connected law concerns.

The U.S. Supreme Court has not ruled connected nan rumor of individual contributions to PACs, and long-established lawsuit rule supports nan conception that states tin limit individual contributions to PACs contempt a determination to nan contrary by nan Court of Appeals for nan District of Columbia, Lessig said.

The interest pinch unlimited individual contributions is nan consequence of a quid pro quo moreover erstwhile ace PACs are spending independently and not coordinating straight pinch a candidate, Lessig said.

The matter will yet person to beryllium decided by nan Supreme Court.

“I’m very optimistic that nan U.S. Supreme Court will use existing jurisprudence that states are free to limit contributions,” he said. “The rumor that this lawsuit would raise is not asking nan Supreme Court to alteration its jurisprudence, not asking them to overturn Citizens United.”

The Maine rule goes into effect this winter, if location is nary ineligible challenge, aft an emphatic vote. Nearly 75% of voters supported nan national initiative.