ACLU of Kentucky

Plaintiffs argue $100 contribution limit

violates free speech in school boardelections

The ACLU of Kentucky today filed suit in federal court onbehalf of two plaintiffs challenging Kentucky’s $100 limit on campaigncontributions in school board elections. The law prevents individuals from contributing more than $100 to anycandidate for school board. 

The ACLU argues that the contribution limit violates donors’right to free speech, in that it impermissibly restricts their ability tocontribute financial resources to their chosen candidate.  It also undermines the democraticprocess, says ACLU Cooperating Attorney Amy Cubbage, because “the strength ofour democracy depends on ensuring fairness in the political process.”  According to Cubbage, “by limiting individualcontributions in school board elections to $100, the law effectively preventscandidates from marshalling the necessary resources to mount an effectivecampaign, particularly in the face of rising costs and special interestexpenditures.”

One of the plaintiffs, Mr. Ben Foster, previously ranunsuccessfully for Jefferson County School Board in 2008.  “The $100 limit rendered it impossiblefor me to raise enough money to compete” said Foster.  While pointing out that this case is not about his previousloss, or the ability of special interest organizations to promote their chosencandidate(s), Foster stated that “once my opponent received the endorsement ofone such organization, that group outspent me by a margin of almost 30-1.  I don’t mind losing, but I do mindlosing on an uneven playing field, and the inability to raise more than $100from any single donor ensured that I would not be able to compete in thatelection.”

Like Foster, the other plaintiff in the suit is an individualwho wishes to contribute more than the $100 limit allows, but is prevented fromdoing so because violations of the contribution limit are punishable as afelony under Kentucky law.

In addition to filing suit, the plaintiffs also asked thecourt for a preliminary injunction that would prevent the Kentucky Registry ofElection Finance from enforcing the contribution limit during the currentelection cycle.  The plaintiffs arerepresented by ACLU of Kentucky cooperating attorneys Amy Cubbage, Junis Baldonand Chris Johnson and by ACLU of Kentucky staff attorney William Sharp.