Duke v. Leake

In August 2005, a constitutional challenge was filed against various provisions of North Carolina’s public financing system for judicial elections, including (1) the provision of “rescue funds” to participating candidates if a nonparticipating candidate or an independent spender makes expenditures above certain thresholds, (2) reporting requirements for non-participating candidates and independent spenders for expenditures above these thresholds, and (3) the 21-day pre-election contribution restriction.  The district court dismissed the lawsuit.  Plaintiffs appealed. In May 2008, the Fourth Circuit Court of Appeals upheld all challenged provisions of North Carolina’s judicial election public financing program.