Gable v. Patton

142 F.3d 940, 1998 WL 207880
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 30, 1998
DocketNos. 96-6451, 96-6475
StatusPublished
Cited by43 cases

This text of 142 F.3d 940 (Gable v. Patton) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gable v. Patton, 142 F.3d 940, 1998 WL 207880 (6th Cir. 1998).

Opinions

SUHRHEINRICH, J., delivered the opinion of the court, in which NORRIS, J., joined. CUDAHY, J. (pp. 953-955), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SUHRHEINRICH, Circuit Judge.

Plaintiff Robert E. Gable, a candidate for governor in Kentucky’s 1995 Republican primary, brought suit challenging numerous provisions of Kentucky’s campaign finance and election laws on First Amendment grounds. Several of the provisions involve Kentucky’s optional public funding scheme, in which Plaintiff chose not to participate. Defendants include various state and county officials, as well as the Kentucky Registry of Election Finance (hereinafter Registry), the state agency charged with enforcing campaign finance laws. The district court granted summary judgment for Defendants, except with regard to one aspect of one statutory provision, for which summary judgment was granted for Plaintiff. Plaintiffs appeal involves four of the provisions ruled on by the court. Defendants’ cross-appeal challenges the one issue that was decided in Plaintiffs favor. We AFFIRM the district court’s decision in all respects.

I. Provisions Challenged On Appeal

This appeal and cross-appeal challenges the district court’s decision with regard to four provisions of Kentucky’s campaign finance and election laws. These four provisions include:

(1) Ky.Rev.Stat. § 121.190(1) (hereinafter the Sponsor Identification provision), which requires that all advertisements advocating the election of a particular candidate contain identification of the sponsor. This provision explicitly includes “posters,” “circulars,” and “handbills,” and it this aspect of the provision which Plaintiff challenges.1
(2) Ky.Rev.Stat. § 118.127 (hereinafter the Slating provision), which requires candidates for governor and lieutenant governor to run in their party’s primary as part of a single slate, rather than running individually.2
[944]*944(3) Ky.Rev.Stat. § 121A.030(5) (hereinafter the 28-Day Window), which prohibits all gubernatorial candidate slates, including those electing not to participate in public funding (hereinafter nonparticipating slates), from accepting contributions during the twenty-eight days preceding a primary or general election.3 This prohibition applies to candidates’ contributions to their own campaigns, as well as to contributions from outside sources. The 28-Day Window does not affect funds which are already in the slate’s campaign account at the beginning of the 28-day period.
(4) Ky.Rev.Stat. § 121A.030(5)(a) (hereinafter the Trigger), which affects the $1.8 million campaign spending limit. Id. § 121A.030(1). The limit applies separately to the primary and general elections and affects only those slates which elect to participate in public funding (hereinafter participating slates). When a non-participating slate collects moré than $1.8 million in campaign funds in a primary or general election, including contributions from the candidates themselves, the Trigger is activated.4 The result is that the $1.8 million-spending limit for participating slates is lifted, and the 28-Day Window is lifted for all slates. Before the Trigger is activated, participating slates may raise up to $600,-000, id. § 121A.060(1), which, when combined with two-for-one matching public funds, id. § 121A.060(3)(c), results in campaign funds of up to $1.8 million. After the Trigger is activated, a participating slate may raise an unlimited amount of money, all of which is matched by the two-for-one public funding.5

The district court granted summary judgment with respect to all four provisions above. It held the 28-Day Window to be unconstitutional with regard to non-participating candidates contributing to their own campaigns, and that decision is contested in Defendants’ cross-appeal. In all other respects, the four provisions were found to be constitutional, forming the basis for Plaintiffs appeal. Because the four provisions are challenged with regard to facial constitutionality, thus implicating only issues .of law, neither Plaintiff nor Defendants contest the appropriateness of summary judgment. For the same reason, our standard of review is de novo. See Kentucky Right To Life, Inc. v. Terry, 108 F.3d 637, 644 (6th Cir.), cert denied, — U.S. -, 118 S.Ct. 162, 139 L.Ed.2d 106 (1997). Under that standard, we AFFIRM the district court’s decision with respect to each of the four provisions challenged on appeal.

II. The Sponsor Identification Provision

The Sponsor Identification provision, Ky.Rev.Stat. § 121.190(1), requires that advertisements supporting a particular candidate contain identification of the sponsor. Defendants maintain that this provision provides an essential means of detecting violations of various contribution and spending limits in Kentucky’s campaign finance scheme. Plaintiff claims that the provision violates his First Amendment right to free speech, inasmuch as it prohibits anonymous handbills, posters, circulars, and the like. He argues that 1) these forms of communication involve expenditures too modest to implicate a compelling state interest, and 2) without a compelling state interest, the burden on First Amendment freedoms imposed by the Sponsor Identification provision cannot survive constitutional scrutiny. In particular, Plaintiff points to Kentucky’s requirement that anyone making more than $500 in independent expenditures on behalf of candidates in a single election must report the expenditures to the Registry. Id. §§ 121.150(1), 121A.010(13). Plaintiff argues that this threshold represents the state’s judgment [945]*945that modest expenditures of less than $500 are too small for the state to assert a compelling interest in regulating them.

■ The district court initially enjoined enforcement of the Sponsor Identification provision, but ultimately upheld it as constitutional. The court found that although the provision infringes on First Amendment rights, it survives strict scrutiny, because it is narrowly tailored to meet the state’s compelling interest in enforcing its campaign finance laws and thereby combating corruption.

After the notices of appeal and cross-appeal had been filed in this case, we upheld the Sponsor Identification provision in Kentucky Right To Life, Inc. v. Terry, 108 F.3d 637 (6th Cir.1997), cert denied, — U.S.-, 118 S.Ct. 162, 139 L.Ed.2d 106 (1997). This court’s reasoning in Kentucky Right To Life was similar to that of the district court in the instant case.

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Bluebook (online)
142 F.3d 940, 1998 WL 207880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gable-v-patton-ca6-1998.