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GARD v. STATE ELECTIONS BOARD

No. 90-0298-OA.

156 Wis.2d 28 (1990)

456 N.W.2d 809

John GARD, friends and neighbors of John Gard, David T. Prosser, Gregg Underheim, Republican Party of Marinette County, Republican Party of Oconto County, and Republican Assembly Campaign Committee, Petitioners, v. Wisconsin STATE ELECTIONS BOARD, Respondent, COMMON CAUSE IN WISCONSIN, Wisconsin League of Women Voters, David Travis, Friends of David Travis, Thomas Loftus, The Democratic Party of Dane County and the Assembly Democratic Campaign Committee, Intervening-Respondents.

Supreme Court of Wisconsin.

Decided June 27, 1990.

Attorney(s) appearing for the Case

For the petitioners there were briefs by Robert M. Whitney, Peter F. Krug and Foley & Lardner, Madison and oral argument by Mr. Whitney.

For the respondent the cause was argued by Alan Lee, assistant attorney general, with whom on the brief was Donald J. Hanaway, attorney general.

For the intervening-respondents there was a brief by Jeffrey J. Kassel, Brady C. Williamson and LaFollette & Sinykin, Madison and oral argument by Mr. Williamson.

HEFFERNAN, CHIEF JUSTICE.

This is an original action brought by the petitioners pursuant to sec. 809.70, Stats., for a declaratory judgment seeking a declaration of the constitutionality of sec. 11.26(9)(a), Stats.,1 of Wisconsin's campaign financing law, which establishes an absolute dollar cap on the amount of funding, in the aggregate, a candidate may receive from all committees, including PACs (political action committees), political...

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