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STATE v. GROCERY MFRS. ASSN.

No. 49768-9-II Consol. w/50188-1-II.

425 P.3d 927 (2018)

STATE of Washington, Respondent, v. GROCERY MANUFACTURERS ASSOCIATION, Appellant. Grocery Manufacturers Association, Appellant, v. State of Washington, Respondent.

Court of Appeals of Washington, Division 2.

Filed September 5, 2018.

Attorney(s) appearing for the Case

Robert Bertelson Mitchell Jr. , Aaron Edward Millstein K & L Gates LLP, 925 4th Ave. Ste. 2900, Seattle, WA, 98104-1158 for Appellant.

Linda Anne Dalton , Attorney General Office Campaign Finance, PO Box 40100, Olympia, WA, 98504-0100, Callie Anne Castillo , Washington State Attorney General Office, 1125 Washington St. Se, Olympia, WA, 98504-0100, Garth Ahearn , Office of the Attorney General-Tacoma, 1250 Pacific Ave. Ste. 105, Po Box 2317, Tacoma, WA, 98401-2317 for Respondent.

Ryan P. McBride , Lane Powell PC, 1420 5th Ave. Ste. 4200, Seattle, WA, 98101-2375, Amicus Curiae on behalf of Institute for Free Speech.

Daniel J. Dunne Jr. , Orrick Herrington & Sutcliffe, 701 5th Ave. Ste. 5600, Seattle, WA, 98104-7045, Amicus Curiae on behalf of Professors Michael Munger and Jeffrey Milyo.

PUBLISHED OPINION

¶ 1 The Grocery Manufacturer's Association (GMA) appeals the trial court's imposition of an $18 million civil penalty for violations of the Fair Campaign Practices Act (FCPA), chapter 42.17A RCW, relating to a 2013 Washington ballot initiative, Initiative 522. I-522, which did not pass, would have required...

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