[EL] KY ban on electioneering near polls ruled facially unconstitutional

[Eric Lycan]

I cannot take credit for this one.

Interestingly, it started as both a facial and as-applied challenge by a shop owner within the radius who wanted to display signs.  He stipulated to an as-applied challenge with the county board of elections.  The State Board of Elections did not stipulate, and the judge instead facially invalidated the law.

SBE is chaired by Alison Lundergan Grimes, Senator McConnell’s opponent.  It will be interesting to see if there is an appeal, or a Purcell challenge.  And how the campaigns react.


Eric Lycan
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From: Benjamin Barr [mailto:benjamin.barr at gmail.com]
Sent: Tuesday, October 14, 2014 7:59 PM
To: Eric Lycan
Cc: Rick Hasen; law-election at uci.edu
Subject: Re: [EL] KY ban on electioneering near polls ruled facially unconstitutional

The more things change, the more the First Amendment remains the same.  Years ago I worked on this with Jim Bopp, but then we were fighting a 500 foot anti-speech zone.  See Anderson v. Spear, 356 F.3d 651 (6th Cir. 2004).  Today 300 foot is stricken.  Congrats!

Forward,

Benjamin Barr

On Tue, Oct 14, 2014 at 7:32 PM, Eric Lycan <Eric.Lycan at steptoe-johnson.com<mailto:Eric.Lycan at steptoe-johnson.com>> wrote:
Article at link, relevant orders attached.

http://ow.ly/CLCbb


Kentucky judge blocks law banning campaigning near polls

http://www.wkyt.com/news/kynewsmakers/headlines/Kentucky-judge-blocks-law-banning-campaigning-near-polls-279195531.html?utm_source=dlvr.it&utm_medium=twitter&device=phone

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