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BATES v. DIRECTOR OF THE OFFICE OF CAMPAIGN & POLITICAL FINANCE

436 Mass. 144 (2002)

KELLY BATES & others v. DIRECTOR OF THE OFFICE OF CAMPAIGN & POLITICAL FINANCE & another.

Supreme Judicial Court of Massachusetts, Suffolk.

February 7, 2002.

February 25, 2002.

Attorney(s) appearing for the Case

John C. Bonifaz (Bonita P. Tenneriello, of Michigan, & John H. Henn with him) for the plaintiffs.

Peter Sacks, Assistant Attorney General, for the defendants.

The following submitted briefs for amici curiae:

Joshua M. Davis, David S. Friedman & James Roosevelt, Jr., for Massachusetts Democratic State Committee.

Robert J. O'Regan & Frederick S. Paulsen for Jay Kaufman & others.

Joel M. Sowalsky for James W. Segal.

The following submitted memoranda:

Michael W. Morrissey, State Senator.

Marie J. Parente, State Representative.

Shannon P. O'Brien for Shannon O'Brien Committee.

Thomas F. Reilly, Attorney General, & Peter A. Sacks, Assistant Attorney General, for the Attorney General.

Shaun P. Kelly, State Representative.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

MARSHALL, C.J.

On November 3, 1998, the Massachusetts Clean Elections Law, G. L. c. 55A, §§ 1 et seq. (clean elections law), was approved overwhelmingly by the people, under the initiative provisions of art. 48, The Initiative, V, § 1, of the Amendments to the Massachusetts Constitution. See St. 1998, c. 395 (inserting G. L. c. 55A and amending related statutes). The law creates a system that allows electoral candidates for Massachusetts State or Statewide...

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