In response to a question from three Republican county executive committees, the Kentucky Registry of Election Finance (KREF) issued an advisory opinion that “a county executive committee may not use the funds that it raises ... to support a constitutional amendment.” (Even though not stated, this also means such executive committees cannot expend funds to oppose a constitutional amendment.)
The three county parties are planning on campaigning in support of Amendment 2, the charter-school funding amendment on the ballot this fall.
KREF based their opinion on the definition of an executive committee found in their own administrative regulation (32 K.A.R. 1:050) that defines an executive committee as “an organizational unit or affiliate recognized within the document governing a political party, that raises and spends funds to promote political party nominees, and performs other activities commensurate with the day-to-day operation of a political party ...”
In response to this opinion, these three county executive committees have filed suit in the Eastern District Court of Kentucky, asking for “declaratory and injunctive relief”:
- Boone County Republican Party Executive Committee
- Hardin County Republican Party Executive Committee
- Jessamine County Republican Party Executive Committee
The suit is being led by Chris Wiest of Covington, who is requesting that KREF pay his legal fees.
Of note is that this KREF opinion also applies to both state-level party executive committees, the Republican Party of Kentucky and the Kentucky Democratic Party. Also, three Democratic county executive committees have already bought signs or billboards opposing Amendment 2.
The suit was filed on Monday, July 22. A hearing on the restraining order will be set in the next couple of weeks. The plaintiffs are asking for an injunction against KREF’s opinion by August 18, so that the three Republican executive committees can get their materials to the printer.
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