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ARIZONA FREE ENTERPRISE CLUB v. BENNETT

Nos. 10-238, 10-239.

131 S.Ct. 2806 (2011)

564 U.S. 721

180 L.Ed.2d 664

ARIZONA FREE ENTERPRISE CLUB'S FREEDOM CLUB PAC, et al., Petitioners, v. Ken BENNETT, in his Official Capacity as Arizona Secretary of State, et al. John McComish, et al., Petitioners, v. Ken Bennett, in his Official Capacity as Arizona Secretary of State, et al.

Supreme Court of United States.

Decided June 27, 2011.

Attorney(s) appearing for the Case

William R. Maurer, Seattle, WA, for Petitioners.

Bradley S. Phillips, Los Angeles, CA, for Respondents.

William M. Jay, for United States as amicus curiae, by special leave of the Court, supporting the Respondents.

William R. Maurer, Jeanette M. Petersen, Seattle, WA, William H. Mellor, Steven M. Simpson, Arlington, VA, Timothy D. Keller, Paul V. Avelar, for Petitioners Arizona Free Enterprise Club's Freedom Club PAC, et al.

Clint Bolick, Nicholas C. Dranias, Phoenix, AZ, for Petitioners.

Bradley S. Phillips, Grant A. Davis-Denny, Elisabeth J. Neubauer, Michael J. Mongan, Munger, Tolles & Olson LLP, Los Angeles, CA, Monica Youn, Mark Ladov, Mimi Marziani, Elizabeth Kennedy, New York, NY, Timothy M. Hogan, Phoenix, AZ, for Respondent Clean Elections Institute, Inc.

Eric J. Bistrow, Chief Deputy Attorney General, Mary R. O'Grady, Solicitor General, James E. Barton II, Thomas Collins, Assistant Attorneys General, Phoenix, Arizona, for Respondents Arizona Secretary of State Ken Bennett and Members of the Arizona Citizens Clean Elections Commission.

Chief Justice ROBERTS delivered the opinion of the Court.

Under Arizona law, candidates for state office who accept public financing can receive additional money from the State in direct response to the campaign activities of privately financed candidates and independent expenditure groups. Once a set spending limit is exceeded, a publicly financed candidate receives roughly one dollar for every dollar spent by an opposing privately financed candidate. The publicly...

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