A federal judge in Wisconsin denied an attempt by three campaign finance interest groups to insert themselves in a challenge to the state’s recently-passed program for taxpayer financed state Supreme Court races.
In December, Wisconsin Circuit Court Judge Randy Koschnick filed a lawsuit challenging the “Impartial Justice Act,” which would provide $300,000 in initial taxpayer funds to participating candidates with additional “rescue funds” of up to $900,000 available based on the spending of non-participating candidates and independent groups.
“We’re pleased with the Court’s ruling refusing the request of these politically-motivated groups to intervene in this case,” said James R. Troupis, counsel for Koschnick. “The participation of these groups is unnecessary to resolving the serious issues of this case.”
District Judge Barbara B. Crabb denied a motion by Common Cause in Wisconsin, Wisconsin Democracy Campaign and League of Women Voters of Wisconsin Education Fund to intervene in the case. The Court agreed with Koschnick that any participation by these groups would be limited to amicus briefs.
A candidate who declines a government handout to campaign for office—and independent political groups—should not be punished by the state for speaking out,” said Stephen M. Hoersting, co-counsel for Koschnick and vice president of the Center for Competitive Politics. “We look forward to presenting a strong case in defense of this fundamental right. There’s no need to complicate an otherwise straightforward First Amendment matter by allowing these groups to throw a wrench in the process.”
Federal judges in Arizona and Connecticut have ruled similar “rescue funds” provisions unconstitutional under the U.S. Supreme Court’s reasoning in Davis v. Federal Election Commission (2008). Both of these cases are on appeal in federal circuit courts.
Judge Koschnick is a sitting Circuit Court Judge in Jefferson County and ran for the state Supreme Court in 2009. The case is Koschnick v. Doyle, 3:09-cv-00767.
