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Voter leaving the polls, stock photo. REUTERS Shannon Stapleton

Interest groups increase spending on state court elections

10/27/2011 COMMENTS (0)

State court judicial elections are increasingly dominated by funding from interest groups, a report released on Thursday showed.

About 30 percent of the money raised in state high-court elections in the 2009-2010 election cycle came from independent groups, according to the report, a joint effort by Justice at Stake, a Washington-based advocacy organization, the Brennan Center for Justice at New York University Law School, and the National Institute on Money in State Politics.

In the 2005-2006 cycle, the last comparable two-year non-presidential election cycle, about 18 percent of the money raised for state supreme court elections was from outside interest groups, according to the report.

The report's release comes as dozens of state court judges are set to meet on Thursday at a conference on judicial ethics hosted by the American Judicature Society, where topics such as judicial disqualification and the rise in third-party campaign spending will be discussed.

Despite the interest group spending jump, total overall candidate and non-candidate spending during the most recent cycle dropped off from the previous off-year election cycle. Total spending was $38.4 million for top court elections for the 2009-2010 cycle, versus $42.7 million for the 2005-2006 cycle.

Michigan topped the list of most money raised in state high-court elections in the 2009-2010 cycle, with $9.2 million raised in the 2009-2010 cycle. It was followed by Pennsylvania, Ohio, Alabama and Illinois.

The Michigan Republican Party was the largest outside fundraiser in the 2009-2010 cycle, raising only about $123,000 in direct candidate contributions - but spending close to $4 million on so-called independent expenditures, such as television advertising.

Retention elections -- simple up or down votes on judges who already hold posts -- also saw an increase in fundraising in the 2009-2010 cycle, according to the report. They are increasingly becoming big business as election campaigns are targeting sitting judges for their legal decisions. In Iowa, for example, a bitter retention election campaign last year forced out three high-court justices over a decision legalizing gay marriage.

Candidates in Illinois, Iowa, Alaska and Colorado raised nearly $5 million combined for retention elections.

Earlier this month Reuters reported that a Pennsylvania state supreme court justice had raised $427,000 so far for a retention election that will take place on November 8.

(Reporting by Carlyn Kolker)

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