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McCOMISH v. BENNETT

Nos. 10-15165, 10-15166.

605 F.3d 720 (2010)

John McCOMISH; Nancy McLain; Tony Bouie, Plaintiffs-Appellees, Robert Burns, Plaintiff-Intervenor-Appellee, Arizona Free Enterprise Club's Freedom Club PAC; Arizona Taxpayers Action Committee, agent of Taxpayers Action Committee; Dean Martin; Rick Murphy, Plaintiffs-Intervenors-Appellees, v. Ken BENNETT, in his official capacity as Secretary of State of the State of Arizona; Gary Scaramazzo; Royann J. Parker; Jeffrey L. Fairman; Donald Lindholm; Lori S. Daniels, in their official capacities as members of the Arizona Citizens Clean Elections Commission, Defendants-Appellants, and Clean Elections Institute, Inc., Defendant-Intervenor. John McComish; Nancy McLain; Tony Bouie, Plaintiffs-Appellees, Dean Martin; Robert Burns; Rick Murphy; Arizona Free Enterprise Club's Freedom Club PAC; Arizona Taxpayers Action Committee, agent of Taxpayers Action Committee, Plaintiffs-Intervenors-Appellees, v. Ken BENNETT, in his official capacity as Secretary of State of the State of Arizona; Gary Scaramazzo; Royann J. Parker; Jeffrey L. Fairman; Donald Lindholm; Lori S. Daniels, in their official capacities as members of the Arizona Citizens Clean Elections Commission, Defendants, and Clean Elections Institute, Inc., Defendant-Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 21, 2010.

Attorney(s) appearing for the Case

Nicholas C. Dranias, Goldwater Institute, Phoenix, AZ, for plaintiffs-appellees.

William R. Maurer, Institute for Justice, Seattle, WA, for plaintiffs-intervenors-appellees.

Mary R. O'Gracy, Solicitor General of Arizona, Phoenix, AZ, for defendants-appellants.

Bradley S. Phillips, Munger, Tolles, & Olson, Los Angeles, CA, for defendant-intervenor-appellant.

Stephen M. Hoersting, Center for Competitive Politics, Alexandria, VA, for amicus curiae Center for Competitive Politics.

Opinion by Judge TASHIMA; Concurrence by Judge KLEINFELD.

TASHIMA, Circuit Judge:

This is a challenge to the constitutionality of the "matching funds" provision of Arizona's Citizens Clean Elections Act, Ariz.Rev.Stat. § 16-952. The Act establishes a legal framework within which the State of Arizona may provide public financing to candidates for state political offices. A candidate who chooses to participate in the Act's voluntary public financing scheme relinquishes her or his right to raise private campaign contributions...

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