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SCHICKEL v. DILGER

Nos. 17-6456/6505.

925 F.3d 858 (2019)

John SCHICKEL, in his Personal and Official Capacities; David Watson, Plaintiffs-Appellees/Cross-Appellants, Ken Moellman, Jr., Plaintiff-Appellee, v. Craig C. DILGER, in his Official Capacity as Chair and Member, Kentucky Registry of Election Finance; Rosemary F. Center; Terry Naydan; Reid Haire; Robert D. Mattingley; Chastity Ross; Thomas B. Stephens; John R. Steffen, Defendants-Appellees, George C. Troutman, in his Official Capacity as Chairman and Member of the Kentucky Legislative Ethics Commission; Elmer George; Pat Freibart; Tony Goetz; Ken Winters; Tom Jensen; Sheldon Baugh; Phil Huddleston; Anthony M. Wilhoit; H. John Schaff, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 30, 2019.

Attorney(s) appearing for the Case

ARGUED: Andrew G. Beshear , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellants/Cross-Appellees. Christopher D. Wiest , CHRIS WIEST, ATTORNEY AT LAW, LLC, Cincinnati, Ohio, for Appellees/Cross-Appellants. Emily Dennis , KENTUCKY REGISTRY OF ELECTION FINANCE, Frankfort, Kentucky, for Appellees. ON BRIEF: Matt James , La Tasha Buckner , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellants/Cross-Appellees. Thomas B. Bruns , BRUNS, CONNELL, VOLLMAR & ARMSTRONG, LLC, Cincinnati, Ohio, Robert A. Winter, Jr. , FORT MITCHELL, KENTUCKY, for Appellees/Cross-Appellants. Emily Dennis , KENTUCKY REGISTRY OF ELECTION FINANCE, Frankfort, Kentucky, for Appellees. Barbara B. Edelman , Haley Trogdlen McCauley , DINSMORE & SHOHL LLP, Lexington, Kentucky, Tara Malloy , CAMPAIGN LEGAL CENTER, Washington, D.C., for Amici Curiae.

Before: MERRITT, COOK, and LARSEN, Circuit Judges.

OPINION

One sitting state senator and one prospective candidate for elected office in Kentucky challenged several state campaign finance and ethics laws, claiming violations of their First Amendment rights to free speech and association and Fourteenth Amendment right to equal protection. Kentucky argues that these...

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