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Struck-down Maine citizen’s referendum on super PAC donations heads to appeals court

Photo: 560 WGAN Newsradio


A Maine citizens referendum that got struck down by a judge this past summer is now before a federal appeals court.

The Portland Press Herald reports that Maine residents voted last November to limit the amount of money donated to super PACs (political action committees) to $5,000. Despite getting over 75% of the vote, a Portland judge deemed the referendum unconstitutional, citing the ruling made by the Supreme Court on the 2010 Citizen’s United case.

Maine’s Attorney General filed an appeal this past Wednesday saying the Citizen’s United precedent was misapplied.

“The district court overread Citizens United — a decision applying strict scrutiny to strike down a categorical ban on speech — as forbidding any limits on mere monetary donations to organizations engaged in such speech,” the appeal says.

“It did so despite the more relaxed level of First Amendment scrutiny applicable to contribution limits under binding Supreme Court precedent as well as the greater risk of quid pro quo corruption and its appearance in allowing unlimited contributions to super PACs.”

Supporters of the spending limits say they expect the appeals court to issue a ruling early next year.

To read the original Portland Press Herald article, click here

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