Free Franking in New Districts Upheld

Members of Congress may use their free mailing privilege to send campaign material to non-constituents who live in newly redrawn districts where they are running this fall, a federal judge ruled Friday.

U.S. District Judge Joyce Hens Green rejected a claim that the mailings to non-constituents violate the constitutional guarantees of free speech and equal protection.

“There is little question that incumbents enjoy certain benefits by virtue of the fact that they have been elected to office,” the judge said.

However, she said she “is not convinced that there exists no legitimate basis for Congress’ decision to permit incumbents to send postal patron mail to redistricted voters.”

Three private groups challenged the policy, arguing that the free mailings to voters who live outside House members’ current districts give incumbents an unfair advantage over challengers.

The House voted Wednesday to end the privilege to send free mail to non-constituents.

But Paul Wolfson, attorney for Ralph Nader’s Public Citizen, said he was concerned that the measure may not be sent to President Bush in time to take effect during the early fall campaign season.

Members of Congress are barred from sending franked mail during the last 60 days before the general election.

Wolfson said the plaintiffs would consider appealing the decision. He argued that House incumbents reap advantages beyond the financial savings from the free mailings.

Green said it is up to Congress, not the courts, to resolve any inequities.

The other plaintiffs were the National Taxpayers’ Union and the Coalition to End the Permanent Congress.