Reformers Want To Fast-Track A Battle Over Oregon's Campaign Finance Laws
Ann McGarry/OPB
A
fight over limits on campaign donations that could have Oregon-wide
implications is headed to a higher court. The only question is:
Which one?
Earlier this month, a Multnomah County judge slapped down new campaign finance rules that limit campaign contributions to $500.
County voters approved the new rules, which also cap how much can be
spent independently to help a candidate’s chances, by a huge margin
in 2016.
Those
limits represented a big change in Oregon, which has among the most
permissive campaign finance laws in the country. But Judge Eric Bloch
ruled March 6 that the Multnomah County rules ran afoul of Oregon
protections on free speech.
Now,
with an appeal of that ruling assured, reformers who supported the
changes want to fast-track a final decision. In a little-used move, they
plan to ask the Oregon Court of Appeals to pass the matter directly to
the Oregon Supreme Court, rather than hearing the case itself.
If
the motion succeeds, the state’s highest court will soon mull whether
or not Oregon law truly forbids limits on campaign donations.
“In
a case like this, I think the chances of getting certification to the
Oregon Supreme Court are good,” says Dan Meek, an attorney
representing a group of citizens who’ve defended the limits in court.
Greg Chaimov, an attorney who represents groups that oppose the limits, says there’s no rush.
“I don’t see a fire,” Chaimov says.
The
gambit is the latest step in a decades-old fight over the role of money
in Oregon politics. States and localities around the country limit the
cash wealthy interests can put toward helping their chosen candidates —
or chasing off those candidates’ potential rivals. Oregon has no
such rules.
Multnomah
County’s role in the fight is partly circumstantial. Competitive races
for seats on the county’s board of commissioners can cost hundreds of thousands of dollars —
often given in increments of $1,000, $2,500, or $5,000 donations — but
they typically pale in comparison to contests for statewide office.
That’s why supporters of the campaign limits want to use the county rules as a springboard for statewide change.
While
pushing the rules during the 2016 campaign, supporters of the new
limits acknowledged that they might be deemed unconstitutional — largely
due to a sweeping 1997 Oregon Supreme Court ruling that swatted aside
contribution limits. The goal, the campaign reformers said, was to
get the state’s highest court to reconsider that decision.
The new limits passed with 89 percent of the vote. Afterward, Multnomah County officials asked a county judge to decide whether the rules were legal.
The
county and a group of nine citizens argued in favor of the limits.
Three business lobbying groups — the Portland Business Alliance,
Metropolitan Association of Realtors and Associated Oregon Industries —
showed up to oppose the rules. They have members who are used to writing
big checks, and all three organizations also make their own political
contributions. (For instance, state records show that the political
action committee operated by the Portland Metropolitan Association of
Realtors recently donated $2,000 to Multnomah County commissioner
candidate Sharon Maxwell.)
It
took Judge Bloch seven months to decide. In early March, he ruled the
limits on campaign donations were unconstitutional, writing that
political contributions “are a form of highly-valued expression that
falls squarely within, and are not historically excepted from, the
protections of Article I, Section 8 of the Oregon Constitution.”
Both
Multnomah County officials and Meek’s clients have said they’ll appeal
that ruling, which would typically mean the case goes to the Oregon
Court of Appeals. Meek hopes that’s not necessary.
“It’s the most important possible case,” he says. “It affects all candidates for all offices.”
The
maneuver Meek is planning isn’t tried often. Oregon law allows parties
to ask appeals judges to pass a matter directly on to the Supreme Court.
A majority of the appeals court’s 13 judges have to agree to do so,
according to Oregon Judicial Department spokesman Phil Lemman. Then, a
majority of the state Supreme Court justices have to agree to accept the
case.
That’s
exceedingly rare. According to Lemman, the Court of Appeals has
received 10 requests to pass a case to the Supreme Court in the last
five years. It shot down all of them.
It’s
not clear whether Multnomah County officials agree that the disputed
campaign limits should head directly to the Supreme Court. A county
spokeswoman said she’d look into it.
But
the attorney who represents the groups opposing the contribution
limits is skeptical. Chaimov’s clients haven’t taken an official
position on the request yet, and he’s not sure the case merits
special treatment.
“The
Supreme Court’s interpretation of the constitution has been consistent
for the last 45 years,” says Chaimov, a former chief lawyer for the
Oregon Legislature. “I initially don’t see any particular need
for speed.”
Whatever
path the Multnomah County case takes, Portlanders can prepare to hear
lots more about campaign finance. Meek is currently representing a group
hoping Portland voters will enact the same $500 limits for city races.
If they can collect 34,156 valid signatures by July 6, the matter will
come up for a vote in November.
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