FREE & FAIR ELECTION FUND v. MO ETHICS COM'N

No. 17-2239.

903 F.3d 759 (2018)

FREE AND FAIR ELECTION FUND; Missourians for Worker Freedom; American Democracy Alliance; Herzog Services, Inc.; Farmers State Bank; Missouri Electric Cooperatives, doing business as Association of Missouri Electric Cooperatives; Association of Missouri Electric Cooperatives, PAC; David Klindt; Legends Bank; John Elliott, Plaintiffs-Appellees, v. MISSOURI ETHICS COMMISSION; Don Summers, in his official capacity; Kimberly Benjamin, in her official capacity; George Ratermann, in his official capacity; Wayne Henke, in his official capacity; Liz Ziegler, in her official capacity, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 10, 2018.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants was Ryan L. Bangert , AAG, of Jefferson City, MO. The following attorney(s) appeared on the appellant brief; Julie Marie Blake , AAG, of Jefferson City, MO.

Counsel who presented argument on behalf of Appellees Association of Missouri Electric Cooperatives, Missouri Electric Cooperatives, David Klindt and Legends Bank was Charles W. Hatfield , of Jefferson City, MO. The following attorney(s) appeared on this brief: Erin M. Naeger , of Kansas City, MO. Counsel who presented argument on behalf of Appellees John Elliott, Farmers State Bank, Free and Fair Election Fund, Missourians for Worker Freedom, American Democracy Alliance and Herzog Dervices Inc. was Edward D. Greim , of Kansas City, MO. The following attorney(s) appeared on this brief: Alan T. Simpson , of Kansas City, MO.

Before COLLOTON, SHEPHERD, and STRAS, Circuit Judges.


The Missouri Ethics Commission appeals the district court's2 order permanently enjoining enforcement of a recently enacted provision of the Missouri Constitution. The provision, found in Mo. Const. art. VIII, § 23.3(12), prohibits a political action...

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