Daggett v. Commission on Governmental Ethics & Election Practices

172 F.3d 104, 43 Fed. R. Serv. 3d 1088, 1999 U.S. App. LEXIS 6563, 1999 WL 188285
CourtCourt of Appeals for the First Circuit
DecidedApril 9, 1999
Docket99-1187
StatusPublished
Cited by105 cases

This text of 172 F.3d 104 (Daggett v. Commission on Governmental Ethics & Election Practices) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daggett v. Commission on Governmental Ethics & Election Practices, 172 F.3d 104, 43 Fed. R. Serv. 3d 1088, 1999 U.S. App. LEXIS 6563, 1999 WL 188285 (1st Cir. 1999).

Opinions

BOUDIN, Circuit Judge.

This appeal, by applicants whose motion to intervene was denied, stems from Maine’s enactment in November 1996 of a set of campaign reform statutes. Adopted by Maine voters through a ballot initiative, the statute — denominated “An Act to Reform Campaign Finance” (“the Reform Act”) — included both public funding of state campaigns and extensive regulation of contributions and expenditures. 1996 Me. Legis. Serv. Initiated Bill eh. 5 (I.B.5) (L.D.1823) (West).

The public financing provisions, called the Maine Clean Election Act, Me.Rev. Stat. Ann. tit. 21-A, § 1121 et seq., offer participating candidates full public funding, eliminating the need for any fund-raising by candidates after they initially qualify. To qualify, a candidate must obtain $5 contributions from a number of registered voters, the number depending on the office sought (e.gr., 50 contributions for a candidate for state representative). Id. §§ 1122(7), 1125(3). The contributions must be collected during the first half of the year in which the election occurs. Id. § 1122(8). (The period starts slightly earlier — November T of the preceding year— for gubernatorial candidates. Id.).

In addition to initial funding both for the primary and general elections, participating candidates get extra funds — up to a limit of 200 percent of the initial outlay — to the extent that nonparticipating opponents (or funds spent on their behalf) exceed the initial distribution. Me.Rev.Stat. Ann. tit. 21-A, § 1125(9). The participating candidates may describe themselves as Maine Clean Election Act candidates. Id. §§ 1122(1), 1125(5). In exchange for all of these benefits, the candidates agree not to spend more than the state’s contributions. Id. § 1125.

For those candidates who decline to participate in the public funding program, the Reform Act imposes new limitations. Permissible contributions to such candidates are reduced — as to any contributing individual or group — to $250 for legislative races and $500 for gubernatorial races. Me.Rev.Stat. Ann. tit. 21-A, §§ 1015(1), [108]*108(2), 1056(1). Nonparticipating candidates must also comply with expedited reporting requirements that are not applicable to publicly funded campaigns. Id. § 1017(3-B). Independent expenditures are not limited, but the matching fund provisions for participating candidates are triggered by independent expenditures as well as by direct expenditures. Id. § 1125(9).

In 1997, after adoption of the statute, it was promptly challenged in lawsuits in the district court. They were dismissed as premature, since the statute only became effective on January 1, 1999, and will apply for the first time in the November 2000 elections. However, it will now affect fund-raising that may begin as early as the summer of 1999. Accordingly, on November 4, 1998, a group of plaintiffs brought the Daggett lawsuit against the Maine commission that administers the new statute, the commission’s members, the Maine Secretary of State and the Maine Attorney General (collectively, “the state defendants”). See Daggett v. Webster, No. 98-223-B — H (D. Me. compl. filed Nov. 4, 1998).

The Daggett plaintiffs are six individuals, including candidates who previously ran for the state legislature, a citizen who contributes, and the Libertarian Party of Maine. The plaintiffs sought injunctive relief barring enforcement both of the public funding provisions and various of the regulatory limitations. Less than a month later, another set of plaintiffs brought the Steams suit against the commission members, challenging the contribution limits and the provision for matching distributions based on independent expenditures. See Stearns v. Webster, No. 98-239-B-H (D. Me. compl. filed Dec. 4, 1998). The two cases were subsequently consolidated. See Daggett v. Webster, No. 98-223 (D. Me. order filed Jan. 4,1999).

Within two weeks after the Daggett suit was filed, the present five appellants moved to intervene. Appellants are current officeholders or prospective candidates, all of whom intend to run for election in 2000, using public funding provided for by the Maine Clean Election Act. They sought intervention as of right under Fed. R.Civ.P. 24(a)(2) or, in the alternative, permissive intervention under Rule 24(b)(2). The plaintiffs in both cases opposed the motion, while the state defendants welcomed intervention.

On December 23, 1998, the district court set an expedited schedule for designation of experts, discovery, a trial (or stipulated record), and briefing of issues with final oral argument scheduled for June 3, 1999. Thereafter, on January 19, 1999, the district court entered the order now under review denying intervention by the applicants. Daggett v. Webster, 34 F.Supp.2d 73 (D.Me.1999). After applicants appealed, the district court suspended the scheduling order. This court expedited the appeal in light of the parties’ representations as to the need for an urgent resolution.

The district court’s decision to deny intervention as of right rested on the ground that, in the words of the rule, “[t]he applicant’s interest is adequately represented by existing parties.” Fed.R.Civ.P. 24(a)(2). The district court said that the Maine Attorney General’s goals were “identical to those of the would-be interve-nors” and the Attorney General was fully able to mount “a strong defense in support of the statute.” Daggett, 34 F.Supp.2d at 75. The court relied directly upon this court’s decision in Moosehead Sanitary District v. S.G. Phillips Corp., 610 F.2d 49, 54 (1st Cir.1979). See Daggett, 34 F.Supp.2d at 75.

The district court also denied permissive intervention, available in the court’s discretion where the applicant’s claim or defense and the main action have “a question of law or fact in common.” Fed.R.Civ.P. 24(b). The court said that the intervenors’ interest in supporting the new campaign legislation could be adequately satisfied by permitting them to participate as amicus curiae (which permission the court gave), and that additional defendants would only [109]*109“complicate the proceedings without adding any advantage.” Daggett, 34 F.Supp.2d at 76.

The order denying intervention is appealable now. See Public Serv. Co. v. Patch, 136 F.3d 197, 204 (1st Cir.1998). The standard of review on appeal is “abuse of discretion” circumscribed by the specific standards set forth in the applicable rule, id.; but, as always, abstract issues of law (such as the proper standards for evaluating intervention motions) are reviewed de novo. This appeal turns primarily on the applicants’ claim that the district court misconstrued and then misapplied the rule governing intervention as of right which reads:

[1] Upon timely application anyone shall be permitted to intervene in an action: ...

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Cite This Page — Counsel Stack

Bluebook (online)
172 F.3d 104, 43 Fed. R. Serv. 3d 1088, 1999 U.S. App. LEXIS 6563, 1999 WL 188285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daggett-v-commission-on-governmental-ethics-election-practices-ca1-1999.