FAMILY PAC v. McKENNA

Nos. 10-35832, 10-35893.

664 F.3d 296 (2011)

FAMILY PAC, Plaintiff-Appellee, v. Rob McKENNA, in his official capacity as Attorney General of Washington; Jim Clements, member of the Public Disclosure Commission, in his official capacity; David Seabrook, member of the Public Disclosure Commission, in his official capacity; Jane Noland, member of the Public Disclosure Commission, in her official capacity; Jennifer Joly, member of the Public Disclosure Commission, in her official capacity; Barry Sehlin, member of the Public Disclosure Commission, in his official capacity, Defendants-Appellants. Family PAC, Plaintiff-Appellant, v. Rob McKenna, in his official capacity as Attorney General of Washington; Jim Clements, member of the Public Disclosure Commission, in his official capacity; David Seabrook, member of the Public Disclosure Commission, in his official capacity; Jane Noland, member of the Public Disclosure Commission, in her official capacity; Jennifer Joly, member of the Public Disclosure Commission, in her official capacity; Barry Sehlin, member of the Public Disclosure Commission, in his official capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2011.


Attorney(s) appearing for the Case

Robert M. McKenna , Attorney General, Linda A. Dalton , Senior Assistant Attorney General, and Nancy J. Krier (argued), Special Assistant Attorney General, Olympia, WA, for the defendants-appellants-cross appellees.

James Bopp, Jr. (argued), Joseph E. La Rue and Noel Johnson , Bopp, Coleson & Bostrom, Terre Haute, IN, for the plaintiff-appellee-cross appellant.

William R. Maurer , Seattle, WA; William H. Mellor and Paul M. Sherman , Arlington, VA, for amicus curiae Institute for Justice.

Peter S. Holmes , Seattle City Attorney, and Gary Keese , Assistant City Attorney, for amicus curiae Seattle Ethics and Election Commission.

Before: RAYMOND C. FISHER, RICHARD A. PAEZ and RICHARD R. CLIFTON, Circuit Judges.


OPINION

FISHER, Circuit Judge:

We address the constitutionality of three provisions of Washington election law as applied to the political committees that support and oppose ballot measures. We hold that Washington's disclosure requirements, Washington Revised Code § 42.17.090 and Washington Administrative Code § 390-16-034, which require these committees to disclose the name and address of contributors...

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