Wyoming Liberty Group Attorneys Win Aggregate Contribution Limits Case
Judge Alan Johnson of the United States District Court for the District of Wyoming approved a settlement in Brophy v. Maxfield Friday, halting the enforcement of a two-year aggregate contribution limit under Wyoming law.
According to a news release, 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.
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.