In a recent court filing, the secretary of state and members of the State Election Commission assert a lawyer challenging the matching funds provision of the public finance pilot project does not face imminent harm.
Michael Callaghan, a lawyer and former chairman of the West Virginia Democratic Party, filed the federal suit July 18 arguing the dollar-for-dollar match chilled his political speech rights.
His suit asserts that if he made a contribution to the two Democrat challengers, it would trigger matching funds to their opponent and for this reason, Callaghan says he will not make a contribution.
Republican candidate Allen Loughry II is the only candidate hoping to participate in the project and has filed a petition of writ of mandamus in the state Supreme Court. That case, heard earlier this week, is awaiting decision.
The secretary of state, members of the State Election Commission and intervening defendant Loughry filed Sept. 5 responses to Callaghan's motion for preliminary injunction.
In the secretary of state's and State Election Commission members' response, they argue the payment has not "taken place and may not occur" and the harm is "speculative."
The only way a payment would be made, the response further asserts, is if the governor appointed another member to the commission or if the state Supreme Court orders the release of funds.
Loughry's response reiterated arguments made in the state Supreme Court hearing, asserting the U.S. Supreme Court's decision in Arizona Free Enterprise Club's Freedom Club PAC v. Bennett was limited to legislative and executive branches and had nothing to do with judicial elections.
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