GABLE v. PATTON

Nos. 96-6451, 96-6475.

142 F.3d 940 (1998)

Robert E. GABLE, Plaintiff-Appellant/Cross-Appellee, v. Paul E. PATTON, in his official capacity as Governor of the Commonwealth of Kentucky; A.B. Chandler, III, in his official capacity as Attorney General of the Commonwealth of Kentucky; Kentucky Registry of Election Finance; Donald L. Cox, in his official capacity as Chair of the Kentucky Registry of Election Finance; Morris E. Burton, in his official capacity as Franklin County Commonwealth Attorney; James E. Boyd, in his official capacity as Franklin County Attorney; John Y. Brown, III, in his official capacity as Secretary of State for the Commonwealth of Kentucky, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided April 30, 1998.


Attorney(s) appearing for the Case

Robert L. Abell (argued and briefed), Edward E. Dove (briefed), Lexington, KY, for Robert E. Gable.

Virginia H. Snell (briefed), Wyatt, Tarrant & Combs, Louisville, KY, for Paul E. Patton.

William B. Pettus (briefed), Assistant Attorney General, Office of the Attorney General, Civil & Environmental Law Division, Frankfort, KY, for A.B. Chandler, III.

Susan S. Wettle (briefed), Sheryl G. Snyder (argued and briefed), Griffin Terry, Brown, Todd & Heyburn, Louisville, KY, Jacquelyn P. Eckert (briefed), Louisville, KY, for Kentucky Registry of Election Finance and Donald L. Cox.

Susan S. Wettle (briefed), Sheryl G. Snyder (argued and briefed), Brown, Todd & Heyburn, Louisville, KY, William B. Pettus (briefed), Assistant Attorney General, Office of the Attorney General, Civil & Environmental Law Division, Frankfort, KY, Jacquelyn P. Eckert (briefed), Louisville, KY, for Morris E. Burton and James E. Boyd.

Susan S. Wettle (briefed), Sheryl G. Snyder (argued and briefed), Brown, Todd & Heyburn, Louisville, KY, John E. Kuhn, Jr. (briefed) Office of the U.S. Attorney, Louisville, KY, William B. Pettus (briefed), Asstistant Attorney General, Office of the Attorney General, Civil & Environmental Law Division, Frankfort, KY, Jacquelyn P. Eckert (briefed), Louisville, KY, for Johnny Y. Brown, III.

Dennis M. Flannery (briefed), Wilmer, Cutler & Pickering, Washington, DC, Richard V. Beliles (briefed), Prospect, KY, for Common Cause, Common Cause of Kentucky and League of Women Voters of Kentucky.

Sheryl G. Snyder (argued and briefed), Susan S. Wettle (briefed), Brown, Todd & Heyburn, Louisville, KY, Virginia H. Snell (briefed), Wyatt, Tarrant & Combs, Louisville, KY, William B. Pettus (briefed), Office of the Attorney General, Civil & Environmental Law Division, Frankfort, KY, Jacquelyn P. Eckert (briefed), Louisville, KY, John E. Kuhn, Jr. (briefed), Office of the U.S. Attorney, Louisville, KY, for Appellees.

Dennis M. Flannery (briefed), Wilmer, Cutler & Pickering, Washington, DC, Richard V. Beliles (briefed), Prospect, KY, for Amicus Curiae.

Before: NORRIS, SUHRHEINRICH, and CUDAHY, Circuit Judges.


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...

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