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FAMILY PAC v. McKENNA

Nos. 10-35832, 10-35893.

685 F.3d 800 (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-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 29, 2011.

Amended January 31, 2012.

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.

ORDER

The mandate issued January 20, 2012, is recalled. The opinion filed December 29, 2011, and reported at 664 F.3d 296, is amended as follows:

In footnote 4, delete <In any event, a survey purporting to show that respondents in six states other than Washington would "think twice" before contributing to a ballot measure campaign offers little insight into the deterrent...

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