“Fair Fight” Not Fair Constitutionally According to Nebraska Accountability and Disclosure Commission - State and Federal Communications

August 30, 2011  •  

“Fair Fight” Not Fair Constitutionally According to Nebraska Accountability and Disclosure Commission

Nebraska State CapitolThe Nebraska Accountability and Disclosure Commission voted unanimously Friday to stop enforcement of a 1992 law aimed at leveling the playing field in state political races. This decision stems from the recent United States Supreme Court decision concerning the state of Arizona where a similar law was deemed unconstitutional.

Under Nebraska’s law, candidates could qualify for “fair fight” money from the state if they adhered to voluntary spending limits and their opponent had exceeded such limits.

Nebraska Attorney General Jon Bruning, who had recently opined the law would be found unconstitutional if challenged in court, will have 10 days to file suit once the Commission officially notifies his office of the refusal to enforce the law, as is required in Nebraska any time a state agency refuses to enforce a law.

Photo of the Nebraska State Capitol by Decumanus on Wikipedia.

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