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IOWA RIGHT TO LIFE COMMITTEE, INC. v. WILLIAMS

No. 98-4078.

187 F.3d 963 (1999)

IOWA RIGHT TO LIFE COMMITTEE, INC.; Iowa Right to Life State Political Action Committee, Appellees, v. Kay WILLIAMS, in her official capacity as Executive Director of the Iowa Ethics and Campaign Disclosure Board; Bernard McKinley; James Albert; Gwen Brooks; Marie Thayer; Michael Forrest, in their official capacities as members of the Iowa Ethics and Campaign Disclosure Board; Thomas Miller, in his official capacity as Iowa Attorney General; John Sarcone, in his official capacity as County Attorney for Polk County, Iowa, and as a representative of the class of County Attorneys in the State of Iowa, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 13, 1999.

Attorney(s) appearing for the Case

William C. Smithson, Des Moines, IA, argued, for Appellants Thomas Miller, Michael Forrest, Marie Thayer, Gwen Brooks, James Albert, Bernard McKinley and Kay Williams.

Julie F. Pottorff, Des Moines, IA, argued, for Appellants Thomas Miller and Kay Williams.

James Bopp, Terre Haute, IN, argued (James R. Mason, III and John R. Hearn, on the brief), for Appellee.

Before BEAM and MORRIS SHEPPARD ARNOLD, Circuit Judges, and KYLE, District Judge.

BEAM, Circuit Judge.

The State of Iowa (Iowa, or the State) appeals from the grant of a preliminary injunction enjoining the enforcement of one provision of Iowa's Campaign Disclosure-Income Tax Check-off Act, Iowa Code § 56.13(1), which establishes reporting requirements for independent expenditures, and a related provision of the Iowa Administrative Code, Iowa Admin. Code r. 351-4.100(1)(b), that defines express advocacy. Iowa Right to Life State Political...

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