RUSSELL v. BURRIS

Nos. 97-3922, 97-4033 and 97-4038.

146 F.3d 563 (1998)

Ron RUSSELL, Kent Ingram, William R. Austin, and Associated Industries of Arkansas Political Action Committee, Appellants, v. Troy BURRIS, In His Official Capacity as Chairperson of the Arkansas Ethics Commission; Rita Looney, In Her Official Capacity as a Member of the Arkansas Ethics Commission; Tom Alexander, In His Official Capacity as a Member of the Arkansas Ethics Commission; Ben Allen, In His Official Capacity as a Member of the Arkansas Ethics Commission; Jack Kearney, In His Official Capacity as a Member of the Arkansas Ethics Commission; and Citizens for Clean Government, Appellees. American Civil Liberties Union of Arkansas, James Madison Center for Free Speech, Shrink Missouri Government PAC, and Zev David Fredman, Amici Curiae on Behalf of Appellants. Connecticut, Iowa, Kansas, Kentucky, Massachusetts, Minnesota, Missouri, Montana, New Mexico, North Dakota, Utah, and Vermont, Amici Curiae on Behalf of Appellees. Ron RUSSELL, Kent Ingram, William R. Austin, and Associated Industries of Arkansas Political Action Committee, Appellees, v. Troy BURRIS, In His Official Capacity as Chairperson of the Arkansas Ethics Commission; Rita Looney, In Her Official Capacity as a Member of the Arkansas Ethics Commission; Tom Alexander, In His Official Capacity as a Member of the Arkansas Ethics Commission; Ben Allen, In His Official Capacity as a Member of the Arkansas Ethics Commission; and Jack Kearney, In His Official Capacity as a Member of the Arkansas Ethics Commission, Appellants, Citizens for Clean Government, Intervenor as Defendant. James Madison Center for Free Speech, Shrink Missouri Government PAC, and Zev David Fredman, Amici Curiae on Behalf of Appellees. Connecticut, Iowa, Kansas, Kentucky, Massachusetts, Minnesota, Missouri, Montana, New Mexico, North Dakota, Utah, and Vermont, Amici Curiae on Behalf of Appellants. Ron RUSSELL, Kent Ingram, William R. Austin, and Associated Industries of Arkansas Political Action Committee, Appellees, v. Troy BURRIS, In His Official Capacity as Chairperson of the Arkansas Ethics Commission; Candi Sue Russell, In Her Official Capacity as a Member of the Arkansas Ethics Commission; Marvin Delph, In His Official Capacity as a Member of the Arkansas Ethics Commission; Rita Looney, In Her Official Capacity as a Member of the Arkansas Ethics Commission; and Norton Wilson, In His Official Capacity as a Member of the Arkansas Ethics Commission, Defendants, Citizens for Clean Government, Appellant. James Madison Center for Free Speech, Shrink Missouri Government PAC, and Zev David Fredman, Amici Curiae on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 4, 1998.


Attorney(s) appearing for the Case

Robert D. Smith, III, Little Rock, AR, argued, for Appellants.

Brian G. Brooks, Little Rock, AR, argued (Shirley E. Guntharp, on the brief), for Appellees.

Nancy Northup, New York City, argued (Burt Neuborne, Kenneth N. Weine, and Scott C. Trotter, on the brief), for Intervenor.

Before WOLLMAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


MORRIS SHEPPARD ARNOLD, Circuit Judge.

In 1996, the people of Arkansas, by voter initiative, approved a campaign finance reform measure entitled Initiated Act I. Prior to Act I, Arkansas law limited individuals and political action committees to contributions of $1,000 per candidate during each election cycle. Act I reduced the contribution limit to $300 for the offices of governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general, and...

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