Clean Elections could allow emergency fundraising

The Citizens Clean Elections Commission may consider enacting an emergency clause that would allow publicly funded candidates to raise additional campaign cash, a change that Gov. Jan Brewer’s campaign is hoping can alleviate the sudden loss of matching funds.

The commission will hold a special meeting at 2 p.m. June 9 to discuss the ramifications and possible remedies to the U.S. Supreme Court’s decision to block the Clean Elections Commission from distributing matching funds. Commission spokesman Michael Becker said the meeting could include discussion of a statute that allows the commission to declare an emergency for publicly funded candidates.

A Brewer campaign official said the statute would allow publicly funded candidates, such as the governor and state Treasurer Dean Martin, to raise private money that would offset the loss of matching funds. The campaign believes an emergency declaration would allow the candidates to use the same $410 contribution limit that applies to traditional candidates, the official said, and they would have the ability to raise the same amount they would have received in matching funds.

“Clearly the founders and proponents of the original 1998 (act) contemplated a scenario where matching funds may not be, where the actual dollars might not be available to provide for a match,” the campaign official said. “In my mind that goes to the intent of how important matching funds are to the whole Clean Elections operation.”

But Becker said the emergency declaration statute might not be applicable to the matching funds situation. The statute was intended for situations where the Clean Elections system simply ran out of money and was unable to provide the funds due to publicly funded candidates, Becker said. Clean Elections attorneys are trying to determine whether emergency fundraising could be used in that way.

“At this point I’m not sure if there is anythign that can be done. That’s something the commission … is going to get the attorneys to look into,” Becker said. “In the past, the idea of the emergency clause was simply for funding if the commission was running out of funds for candidates.”

There is no specific proposal before the commission to change the fundraising limits or Clean Elections disbursements at the meeting, Becker said. Clean Elections Commission Director Todd Lang called the meeting to inform commission members about the impact of the ruling and answer whatever questions they may have, Becker said.

The meeting agenda includes an item calling for “discussion and possible action of matcing funds ruling.”

Becker said he did not know how much private money candidates would be able to raise if the commission declared an emergency.

–
A.R.S. 16-954 F. If the commission cannot provide participating candidates with all monies specified under sections 16-951 and 16-952, as decreased by any announcement pursuant to subsection E of this section, then the commission shall allocate any reductions in payments proportionately among candidates entitled to monies and shall declare an emergency. Upon declaration of an emergency, a participating candidate may accept private contributions to bring the total monies received by the candidate from the fund and from such private contributions up to the adjusted spending limits, as decreased by any announcement made pursuant to subsection E of this section.