PORTLAND, Maine — Two conservative political groups and their leader are suing to block a referendum question approved by Maine voters from taking effect.
Question 1, passed in November, caps contributions to certain Political Action Committees (PACs) at $5,000 per year if the money is used independently of candidates and to support or oppose them. The limit applies to individual donors, businesses, and other groups.
The suit was filed in federal court Friday on behalf of Dinner Table PAC, For Our Future PAC, and their leader, Alex Titcomb.
Titcomb’s lawyer, Charles Miller, argues that capping donations stifles free speech and goes against past Supreme Court decisions, notably its ruling on the 2010 Citizens United case.
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“Any time you restrict the ability of people to pool their funds together that they can use to speak, you’re restricting their ability to get their information out there,” Miller, who works for the Institute for Free Speech, said Friday.
Another feature of the ballot question-turned-law is the requirement that contributors to certain PACs disclose their identities. The plaintiffs take issue with this.
“There are a lot of people who have various reasons for not wanting their identities known when they’re giving donations,” Miller added. “Perhaps they think that they will get sideways with a particular job that they have now.”
The suit lists several members of the Maine Ethics Commission and Maine Attorney General Aaron Frey as defendants. “This really is not about them personally,” Miller said.
Jonathan Wayne, the executive director of the ethics commission, said the commission “is reviewing the complaint and conferring with our attorney.”
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A spokesperson for the attorney general said their office “cannot comment on pending litigation.”
Outside those named in the complaint, the effort to strike down the new law is drawing scrutiny.
“The lawsuit is not about free speech,” Sen. Joe Baldacci, a Democrat from Bangor, said Friday. “It’s about super wealthy people who want to be able to control political elections.”
Cara McCormick, who led the group that pushed the referendum to voters – who then passed it by nearly 75% – said the suit undermines the will of voters.
“Super PACs are killing the country, and in Maine, we decided to do something about it,” McCormick said in a statement Friday.
The law capping political contributions is set to take effect on Christmas Day. Miller says he reached out to the attorney general’s office to pause enforcement until after the legal action concludes.
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