NEW ORLEANS (AP) — A federal judge has set an Oct. 15 date to hear evidence in a Louisiana congressman’s challenge of federal campaign finance restrictions.
Republican U.S. Rep. Anh “Joseph” Cao (Gow), the Louisiana Republican Party and the Republican National Committee are challenging limits on what state and national parties can spend on coordinated campaigns for congressional candidates.
Republicans want U.S. District Judge Ginger Berrigan of New Orleans to send the case directly to a federal appeals court for a ruling on constitutional issues. However, Berrigan agreed with the Federal Elections Commission, which is defending the restrictions, that some record of facts is needed before she can decide whether to send the case to the appeals court. The evidentiary hearing is set for Oct. 15.
In most congressional districts, state and national parties are limited to spending about $42,000 apiece on a coordinated campaign on behalf of a candidate. Federal Election Commission records show the Louisiana Republican Party and the Republican National Committee spent about that much last year on Cao’s campaign against the scandal-plagued Democratic incumbent, William Jefferson. But party officials said they wanted to spend more.
Each party can spend more in individual efforts. But Roger Villere, chairman of the Louisiana Republican Party, said that can result in duplicate or contradictory messages. Cao agreed to be a named plaintiff in a lawsuit challenging the Watergate-era restrictions.
Party officials are hoping to knock down the restrictions in time for the 2010 elections.
Berrigan’s setting of an Oct. 15 date puts the lawsuit on a slower track than the Republican plaintiffs had hoped for. RNC lawyers had proposed scheduling both sides to finish all legal filings by May, with a hearing soon after that.
James Bopp, an RNC member and a lead attorney in the lawsuit, acknowledged Monday that he had hoped for an earlier hearing date but said he is optimistic the 5th Circuit will get the case in time to rule before the 2010 campaigns.
He wouldn’t speculate, however, on whether or when the case might reach the U.S. Supreme Court.
FEC spokeswoman Judith Ingram said commission lawyers were happy with the date.
The Louisiana lawsuit is one of two high-profile lawsuits targeting campaign finance limits. The other, pending before a three-judge panel in U.S. District Court in Washington, targets the 2002 ban on unlimited “soft money” contributions — that is, unlimited amounts of money from corporations, unions or individuals.
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Oct. hearing set in Cao’s campaign finance suit – 1:20 p.m.
March 8, 2009