On October 18, the 6th Circuit U.S. Court of Appeals heard arguments to keep or overturn the permanent injunctions prohibiting certain portions of state campaign finance and ethics law from being enforced.

In 2017, U.S. District Judge William Bertelsman ruled the prohibition on lobbyists providing gifts and campaign contributions to lawmakers was unconstitutional.

The Kentucky Registry of Election Finance and the Kentucky Legislative Ethics Commission argued the campaign finance revisions are critical and do not eliminate speech but merely channel speech.

The plaintiffs argued the judgement was proper because the Legislature determined restrictions based on who the speaker was.

The U.S. District Court for the Eastern District of Kentucky has issued a permanent injunction, prohibiting certain portions of state campaign finance and ethics law from being enforced.

Earlier this year, U.S. District Judge William Bertelsman ruled the prohibition on lobbyists providing gifts and campaign contributions to lawmakers unconstitutional. The judge also found the definition of caucus campaign committee unconstitutional because it only refers to Republican or Democratic caucuses.

Pending appeal, the Kentucky Registry of Election Finance and the Kentucky Legislative Ethics Commission continued enforcing these statutory provisions. Now, KREF and KLEC are permanently enjoined from doing so.

The Kentucky Legislative Ethics Commission unanimously voted to appeal a recent ruling striking down state ethics laws.

District Court Judge William O. Bertelsman, in a ruling earlier this month, stated the prohibitions on gifts and campaign contributions from lobbyists to lawmakers are unconstitutional.

The Kentucky Registry of Election Finance continues to mull its options before the Monday deadline to appeal. Many groups, including the Kentucky Chamber of Commerce, urged the agencies to appeal in order to maintain the state’s current ethics system.

The appeal will be filed with the Sixth Circuit Court of Appeals in Cincinnati.

In a 35-page order, a federal judge dismantled some of the toughest ethics laws in the country. U.S. District Judge William Bertelsman struck down Kentucky’s prohibitions on lawmakers accepting gifts from lobbyists and lobbyists making contributions to candidates for the state legislature.

Judge Bertelsman ruled the gift prohibition’s “anything of value” standard is too vague for an ordinary person to know what conduct is prohibited. Furthermore, the judge stated lobbying is a vital part of the political process and restricting what lobbyists can do in their interactions with a legislator is a violation of their freedom of association.

Republican state Sen. John Schickel, who filed the lawsuit, called the ruling a victory for freedom of speech.

The judge also took aim at caucus campaign committees, ruling the statutory definition restricting the committees to Republican or Democratic is unconstitutional. Former Libertarian House candidate David Watson challenged the law, saying third party candidates cannot compete with the amount of money generated by caucus campaign committees.

The Kentucky Legislative Ethics Commission and the Kentucky Registry of Election Finance are still reviewing the order and are considering an appeal.