WyLiberty Attorneys Win Aggregate Contribution Limit Case

CHEYENNE – Judge Alan Johnson of the United States District Court for the District of Wyoming approved a settlement in Brophy v. Maxfield today, halting the enforcement of a two-year aggregate contribution limit under Wyoming law. The settlement ends a lawsuit filed by Wyoming Liberty Group attorneys in July that challenged the aggregate limit as an unconstitutional violation of free speech.

"Dan and Carleen Brophy have contributed to many candidates in numerous Wyoming primary races, and are quickly approaching the across-the-board limit of $25,000," said Benjamin Barr, counsel to WyLiberty and co-counsel to the Brophys. "This ruling allows them, and anyone else, to continue contributing to candidates who can then use the funds to speak out and run effective campaigns."

The settlement follows a decision by the United States Supreme Court earlier this year,McCutcheon v. Federal Election Commission. In that case, the Court struck down aggregate contribution limits under federal law as violating free speech, ruling that per-candidate limits already serve to prevent corruption or its appearance. The Brophy settlement does not affect individual contribution limits under state law.

"The current $1,000 per-candidate, per-election contribution limit remains in effect," said Boyd Wiggam, WyLiberty staff attorney and co-counsel to the Brophys. "Next year, those limits are set to rise for legislative and statewide races, and this settlement does not affect those. However, the $25,000 aggregate limit, and the $50,000 limit that was set to go in effect next year, will not be enforceable."

This is the second lawsuit WyLiberty has won this summer against unconstitutional provisions of the Wyoming Election Code. Earlier this month, WyLiberty attorneys settled the case Wills v. Maxfield, which allowed minor party and independent candidates to have equal fundraising abilities to major party candidates.

"It's exciting to maximize the participation of candidates and contributors in Wyoming races," said Steve Klein, WyLiberty staff attorney and co-counsel to the Brophys. "Whether a candidate wants to make yard signs or speak on radio ads or just gas up a car to drive around a district and meet potential voters, it all requires money. Today's settlement makes it possible for more candidates to reach more people with their messages, and as a result Wyoming races will be more competitive. It's yet another great day for free speech and representative government."