June 27, 2008 - 4:43pm

After 'millionaire's amendment' ruling, Lunsford camp waits

The release of yesterday's United States Supreme Court ruling overturning the so-called "millionaire's amendment" could have an impact on races across the country involving self-financing candidates, though the ruling won't apply to U.S. Senate races until a seperate legal challenge is filed. Presently, the campaign of millionaire businessman Bruce Lunsford (D-Louisville) does not immediately plan on being the first to file that challenge.

The candidate targeting the amendment in the case decided before the court was Jack Davis (D-N.Y.), a two-time U.S. House candidate who spent millions on his own campaign efforts.Thus, the court's ruling technically only applies to House races until the precedent of the decision can be applied to Senate competitions via another court challenge.

Such a challenge would likely easily pass muster with a lower federal court, as the Supreme Court's ruling creates binding precedent for lower court decisions.

Still, a spokesperson for the Lunsford campaign today said they would hold off on filing the necessary legal challenge to apply the ruling to their race, for now.

In a 5-4 decision announced yesterday, the Supreme Court declared the 'millionaire's amendment' unconstitutional. In a majority opinon, Associate Justice Samuel Alito argued that increasing contribution limits for opponents of self-financing candidates - when certain spending thresholds are met - was "antithetical to the First Amendment."

It is likely Lunsford's campaign could benefit by the ruling when it is applied to Senate races, as it would remove the ability of his opponent - incumbent Senator Mitch McConnell (R-Louisville) - to collect more from donors as Lunsford invests in his own campaign.

Lunsford has already shown a willingness to spend on his own races, spending over $2.1 million of his own funds during the Democratic primary.

That expenditure technically allowed his six opponents in the race to collect individual contributions of up to $13,800 per donor, given the provisions of the millionaire's amendment.

Normally, contribution limits are set at $2,300 per donor, per cycle.

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