Free Motion to Amend/Correct - District Court of Arizona - Arizona

I IN THE UNITED STATES DISTRICT COURT
2 DISTRICT OF ARIZONA
3 DEAN MARTIN, et al.,
4 Piaiatirrs,
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V. No. CV 04-0200-PHX-EHC
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7 JAN BREWER, et al.,
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Defendants.
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12 DECLARATION OF CHAD KIRKPATRICK
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1. 1, Chad Kirkpatrick, pursuant to 28 U.S.C. §1746(2), hereby declare under
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16 penalty of perjuiy as follows:
17 2. I am the Chairman ofthe Arizona Taxpayers Action Committee (“Arizona
18 Taxpayers”), an Independent Expenditures Committee organized pursuant to
19 Ariz. Rev. Stat. Ann. § 16-902. I make this declaration in support of
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Plaintiffs’ First Amended Complaint in the above-referenced matter.
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22 3. I am a citizen ofthe United States and a resident of Maricopa County,
23 Arizona. I am over eighteen years of age and fully competent to make this
24 declaration. I make this declaration based on my personal knowledge.
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26 DECLARATION rn suaroar or AMENDED cor./mam INSTITUTE FOR JUSHCE
27 Page 1 398 South Miki Avenue
Suite 36}
28 Tempe, Arizona 85281
(480) 557-8300
itaso- 2:04—cv—00200—EHC Document 53-3 Filed 1 1/27/2007 Page 1 of 4

l 4. Arizona Taxpayers was tirst organized in 2006. That same year, Arizona
2 Taxpayers made independent expenditures inthe primary election cycle in
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Legislative District 8.
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5 5. In Legislative District 8, Arizona Taxpayers supported a government-funded
6 candidate who was running against a privately financed candidate, meaning
7 that Arizona Taxpayers’ expenditures did not trigger any matching funds to
8 the candidate it opposed.
9 6. Arizona Taxpayers also made expenditures to advocate the defeat of two
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Arizona Propositions, Prop. 201 and Prop. 203.
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12 7. Arizona Taxpayers will make independent expenditures in the 2008 and 2010
I 3 elections and in other litture elections. Arizona Taxpayers will soon have to
14 decide whether to speak out against governmenbfunded candidates (or in
15 support of a privately financed candidates with government-funded -
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opponents) thus trigging matching-funds under the Citizens Clean Elections
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Act (the “Act”).
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19 8. In the 2008 election cycle, Arizona Taxpayers will participate in at least three
gg and up to tive state legislative races within Maricopa County. Arizona
21 Taxpayers will make a decision as to the precise number of legislative races
22 in which it will participate, andthe extent of such participation, based in part
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on whether Arizona’s Taxpayers speech will trigger matching funds to a
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25 government-funded candidate whom Arizona Taxpayers, and its donors,
26 DECLARATION nxt SUPPORT OF AMENDED COTMLPLAIN INSTITUTE FOR JUSTICE
27 Page 2 398 South Mill Avenue
Suite 301
28 Tempe, Arizona 85281
· (480) 557-8300
ase 2:04—cv—00200—EHC Document 53-3 Filed 11/27/2007 Page 2 of 4

1 desires to defeat. Arizona Taxpayers will either not voice its opinion, or will
2 voice its opinion to a lesser extent, when its expenditures will help a
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candidate with whom it disagrees.
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5 9. When the Clean Elections Commission provides government funds to
6 candidates with whom Arizona Taxpayers and its donors disagrees, based
7 solely on Arizona Taxpayefs exercise of its free speech and free association
8 rights, Arizona Taxpayers, and its donors, will be severely and negatively
9 impacted by the operation ofthe Act. Because the expenditure of funds by
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Arizona Taxpayers will directly be responsible for adding to the government-
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12 funded candidate’s campaign coffers by spending that money, Arizona
13 'l`axpayers’ speech and association rights will be impaired. The krrowledge
14 that a candidate Arizona Taxpayers does not want to be elected will receive a
15 government subsidy, as a direct result of Arizona Taxpayers speech, will
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prevent Arizona Taxpayers from the full and umestricted exercise of its
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8 speech in such races. Thus, rather than creating and fostering a system where
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19 there is “1nore" speech, the Act creates a cliniate of self-censorship resulting
20 in less political speech.
21 l0. During the 2006 election cycle some prospective donors expressed concern
22 that their contributions would trigger government funds being distributed to a
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candidate they disagreed with. Donors were reassured that Arizona
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25 Taxpayers were not participating in an election where the opposing candidate
26 oacrmtarton is snrronr or Amertosn coMr>rAn~s INSTITUTE FOR JUSTICE
27 Page 3 398 South Mill Avenue
Suite 301
28 Tempe, Arizona 85281
(480) 557-S300
se 2:04—cv—00200—EHC Document 53-3 Filed 11/27/2007 Page 3 of 4

l was receiving govennnent funds. Heading into the 2008 election cycle, when
2 an opposing candidate receives funds from the Act, Arizona Taxpayers will
3 either not spend money to voice its opinion, or it will curtail its spending, due
2 to concerns raised by potential donors in the 2006 election cycle.
6 11. Pursuant to 28 U.S.C. §l746(2), I, Chad Kirkpatrick, hereby declare under
7 penalty of perjury under the laws ofthe United States and the State of
S Arizona that the foregoing is true and correct to the best of my knowledge,
9 information and belief
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it 2- T
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13 EXECUTE]? ON NOVEMBER gg} 2007
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26 nacrnnnnon in snrponr or AMENDED COMPLAJN INSTITUTE FOR JUSTICE
27 Page 4 398 South Msn Avenue
Suite 301
28 Tempe, Arizona 85281
(480) ss?-8300
ase 2:04—cv¥00200—EHC Document 53-3 Filed 11/27/2007 Page 4 of 4

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