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Capitol View®
Catharine Richert

Legal group asks federal judge to suspend state campaign finance law

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A legal group challenging a state campaign finance law is asking a federal judge to suspend a cap on some campaign contributions while their case is being litigated.

The Minnesota branch of the Institute for Justice says that “special source” limits on how much a candidate can take from lobbyists, wealthy donors and political funds have a chilling effect on free speech.

Right now, state law limits the total amount Minnesota candidates can take from certain types of contributors.

For instance, Minnesota House candidates can take up to $1,000 from contributors. But once they hit $12,500 in donations from those “special sources” who give between $500 and $1,000, everyone who contributes to the campaign after that can only give $500.

“The government can’t say that only the first 12 people in line get to contribute $1,000 to a candidate, while everyone else only gets to contribute half that,” said Institute for Justice lawyer Anthony Sanders.

State Solicitor General Alan Gilbert said that the group, along with four plaintiffs including two donors and two lawmakers, haven’t proven that the rules prevent free speech.

There’s nothing in the law that’s preventing the donors from giving money to candidates, he said.

“[The donors] can contribute today,” said Gilbert at the hearing. “They can contribute $1,000.”

Gilbert added that Rep. Linda Runbeck, R-Circle Pines, who is one of the plaintiffs in the case, has chosen to ask donors to give $500 or less even though she can accept $1,000.

The Institute for Justice submitted their lawsuit shortly after the Supreme Court struck down the total cap on how much individuals can give to candidates, parties and political action committees.

In Minnesota, donors can give the maximum amount to as many candidates as they choose.

U.S. District Judge Donovan Frank said he’ll decide soon whether the state needs to suspend the rules.