Thursday, July 24, 2008

OLS: Clean Elections 'Rescue Funds' Unconstitutional

In a letter opinion, New Jersey's non-partisan Office of Legislative Services determined that the rescue funds provision of the State's proposed Clean Elections legislation (A100) is unconstitutional based on the U.S. Supreme Court's Davis decision holding, in part, that the federal Millionaire's Amendment is unconstitutional.

The rescue funds provision was previously part of the New Jersey clean elections legislation and regulations, and was utilized, without legal challenge, in the 14th Legislative District in 2007.

The Asbury Park Press reported that Assembly Speaker Joseph J. Roberts Jr., D-Camden, plans to reconvene a bipartisan group of lawmakers in August to try to salvage the proposal that was passed by the Assembly State Government Affairs Committee earlier this year.

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