Patrick Rosenstiel Christopher Longley v. Carolyn Rodriguez, in Her Capacity as Chair of the Ethical Practices Board, or Her Successor

101 F.3d 1544, 1996 U.S. App. LEXIS 31878, 1996 WL 709202
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 11, 1996
Docket95-1885
StatusPublished
Cited by52 cases

This text of 101 F.3d 1544 (Patrick Rosenstiel Christopher Longley v. Carolyn Rodriguez, in Her Capacity as Chair of the Ethical Practices Board, or Her Successor) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patrick Rosenstiel Christopher Longley v. Carolyn Rodriguez, in Her Capacity as Chair of the Ethical Practices Board, or Her Successor, 101 F.3d 1544, 1996 U.S. App. LEXIS 31878, 1996 WL 709202 (8th Cir. 1996).

Opinions

HANSEN, Circuit Judge.

Patrick Rosenstiel and Christopher Long-ley appeal a final judgment of the district court1 upholding the constitutionality of Minnesota’s campaign finance statutes. Ro-senstiel and Longley seek a declaration that several provisions of the law are unconstitutional because they allegedly coerce a candidate into participating in Minnesota’s public campaign financing program, thereby burdening ' that candidate’s First Amendment rights. They further maintain that the provisions are constitutionally infirm because they do not survive strict scrutiny. Finally, they contend that these provisions impermis-sibly discriminate against challengers. After conducting a careful review, including an amendment to the statute which the Minnesota legislature enacted after we heard oral arguments, we affirm.

I.

The State of Minnesota (State) has enacted a campaign financing system which permits candidates for certain elected state offices to receive a public subsidy in exchange for the candidate’s agreement to adhere to specified limits on campaign expenditures. Minn.Stat-. Ann. §§ 10A.25 (10)(a), 10A.322(l)(a) (West Supp.1997). A candidate must sign an agreement to be bound to the applicable campaign expenditure limits in order to receive the public subsidy. Id. § 10A.322(l)(a). The participating candidate must also independently raise a certain amount ($35,000 for governor down to $1,500 for state representative) in contributions in order to be eligible for the public subsidy. Id. § 10A.323. A Minnesota taxpayer can claim a full refund of up to $50 per year (or $100 for a couple filing jointly) for a campaign, contribution made to a publicly funded candidate; however, no refund is permitted for a campaign contribution made to a candidate who is not publicly funded. Id. § 290.06(23) (hereinafter referred to as “contribution refund”).2

The expenditure limitations for each public office to which the State’s campaign financing scheme applies are delineated in section 10A.25(2)(a), and range from $1,626,691 for a gubernatorial candidate down to $20,335 for a candidate for state representative. The amount of public subsidy available to a candidate who is running for an office to which the State’s financing scheme applies is determined by way of formula. Id. § 10A.31(5).' However, the amount of public subsidy the candidate receives may not exceed 50 percent of the expenditure limits applicable to the office which the candidate seeks. Id. § 10A.31(7). A candidate who has agreed to adhere to the expenditure limits but later accepts campaign contributions or makes campaign expenditures in excess of those limits is subject to a civil fine of up to four times the amount by which the contribution or expenditure exceeded the limit. Id. § 10A.28(1).

[1547]*1547Prior to an amendment in April 1996, the above expenditure limits were only applicable to a candidate if the candidate’s major-party opponent likewise agreed to be bound by the expenditure limits. Id. § 10A.25(10) (West Supp.1996) (repealed). Thus, when a publicly financed candidate was opposed by a nonparticipating major party candidate, the publicly financed candidate was no longer required to adhere to the specified expenditure limits for his office but was still eligible to receive the public subsidy. Id. § 10A.25(10)(b)(i)-(ii) (West Supp.1996) (repealed) (hereinafter referred to as “expenditure limitation waiver”).

In 1994, Appellants Rosenstiel and Long-ley (Appellants) were candidates for different seats in the Minnesota House of Representatives. Both enrolled in the State’s public campaign funding program. They later filed this action on August 19, 1994, alleging that the expenditure limitation waiver and the contribution refund violated their First Amendment rights. Both claimed by way of affidavit that they believed they could privately raise campaign funds in excess of the law’s expenditure limits which they had agreed to observe. They subsequently moved for a preliminary injunction, seeking to enjoin the enforcement of these provisions. The district court denied injunctive relief but noted that the Appellants had proffered sufficient evidence to demonstrate that they were likely to prevail on their claim that the contribution refund was unconstitutional.

The Appellants later moved for summary judgment. The district court held that the expenditure limitation waiver and the contribution refund passed constitutional muster, denied Appellants’ motion for summary judgment, and accordingly dismissed their complaint.3 Rosenstiel and Longley appealed.4

After this case was submitted to us, an amendment passed by the Minnesota legislature altering the operation of the expenditure limitation waiver became effective. See Act of April 11, 1996, eh. 459 (S.F. 840), amending Minn.Stat.Ann. § 10A.25(10) (West Supp. 1996). Under the amendment, a candidate participating in the State’s public financing of campaigns is not released from the expenditure limitation simply by virtue of being opposed by a nonparticipating, major-party candidate. Rather, when a participating candidate squares off against any nonparticipating candidate, the participant is released from the expenditure limit when the opponent receives contributions or makes expenditures equalling 20 percent of the applicable limit prior to 10 days before the primary election, and contributions or expenditures equalling 50 percent of the applicable limit thereafter. Mmn.Stat.Ann. § 10A.25(10)(a)(l)-(2) (West Supp.1997).

The amendment thus makes several changes to the mechanics of the expenditure limitation waiver. First, the expenditure limitation waiver comes into play when any nonparticipating opponent engages in the triggering event, i.e., receives contributions or makes expenditures in excess of the specified threshold, whereas before, the triggering act had to be done by a nonparticipating major-party opponent. Second, and more importantly, the triggering event itself occurs when any nonparticipating opponent reaches the specified threshold in campaign contributions or expenditures. Previously, the triggering event was simply the major [1548]*1548party opponent’s decision not to participate in the State’s public campaign financing. In other words, the amendment eschews an automatic waiver to participating candidates at the moment their major party nonparticipating opponent declines to enroll, in favor of a wait-and-see approach based on actual contributions to or expenditures made by any nonparticipating opponent.

At the direction of .this court, the parties submitted letter briefs concerning the effect, if any, the amendment had on the issues presented in this case, and whether remand to the district court for further proceedings was necessary. Both sides strenuously contend that a remand is unnecessary. Concerning the merits- of the amendment, the Appellants assail its validity primarily on the same grounds they contested the former language, i.e, that it coerces candidates to participate, and it is not narrowly tailored to further a compelling governmental interest.

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Bluebook (online)
101 F.3d 1544, 1996 U.S. App. LEXIS 31878, 1996 WL 709202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patrick-rosenstiel-christopher-longley-v-carolyn-rodriguez-in-her-ca8-1996.