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CITIZENS CLEAN ELECTIONS COM'N v. BRAIN

No. CV-13-0341-PR.

322 P.3d 139 (2014)

ARIZONA CITIZENS CLEAN ELECTIONS COMMISSION; Louis J. Hoffman; Victoria Steele; Arizona Advocacy Network, Petitioners, v. The Honorable Mark H. BRAIN, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Ken Bennett, in his Official Capacity as Secretary of State; Andy Biggs, in his Official Capacity as President of the Arizona State Senate; Andrew M. Tobin, in his Official Capacity as Speaker of the Arizona House of Representatives, Real Parties in Interest.

Supreme Court of Arizona.

April 2, 2014.

Attorney(s) appearing for the Case

Joseph A. Kanefield (argued), Brunn W. Roysden III , Ballard Spahr LLP, Phoenix, for Arizona Citizens Clean Elections Commission.

Mary R. O'Grady , Timothy J. Eckstein , Christina C. Rubalcava , Osborn Maledon , Phoenix; and Timothy M. Hogan , Arizona Center for Law in the Public Interest, Phoenix, for Louis J. Hoffman, Victoria Steele, and Arizona Advocacy Network.

Richard Rice , Acting Attorney General, David Weinzweig , Senior Litigation Counsel, Daniel P. Schaack (argued), Assistant Attorney General, Phoenix, for Ken Bennett.

Michael T. Liburdi (argued), Kelly A. Kszywienski , Snell & Wilmer LLP, Phoenix; Gregrey G. Jernigan , Office of the President, Arizona State Senate, Phoenix; Peter A. Gentala , Pele Peacock, Office of the Speaker, Arizona House of Representatives, Phoenix, for Andy Biggs and Andrew M. Tobin.

Andrew S. Gordon , Roopali H. Desai , Melissa A. Soliz , Coppersmith Brockelman PLC, Phoenix, for Amici Curiae Arizona Chamber of Commerce and Industry, et al.

James E. Barton II , Torres Law Group, PLLC, Tempe, for Amici Curiae League of Women Voters, et al.

Paul V. Avelar , Timothy D. Keller , Institute for Justice, Tempe, for Amicus Curiae Institute for Justice.

Justice TIMMER, opinion of the Court.

¶ 1 In 1998, Arizona voters enacted the Citizens Clean Elections Act to establish public funding for political candidates in statewide and state legislative elections. The Act prohibits a candidate who opts not to receive public funding from accepting contributions greater than eighty percent of the campaign contribution limits specified in A.R.S. § 16-905. The issue here is whether the Act fixes campaign contribution...

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