The Supreme Court recently granted certiorari to two cases (AZ Free Enterprise v. Bennett, 10-238, and McComish v. Bennett, 10-239) challenging Arizona’s provision of supplemental grants to publicly financed candidates who face high-spending opponents. The Arizona law is similar to the “trigger” provisions which were formerly part of Connecticut’s Citizens Elections Program but removed after they were found unconstitutional by the Second Circuit Court of Appeals in July 2010.
Unlike Connecticut, Arizona’s provision of supplemental grants was upheld in May 2010 at the appellate level (the Ninth Circuit Court of Appeals). However, the Supreme Court stayed the appeals court’s ruling, thereby enjoining Arizona from issuing supplemental grants in the 2010 election cycle. The Court consolidated the two cases for one hour of oral argument, which will occur on March 28, with a decision rendered by the end of June.
