Kentucky GOP committees appeal election finance opinion on school choice ballot measure

(The Center Square) – Three Kentucky Republican Party county committees are taking their case to a federal appeals court after a lower-level judge declined earlier this week to issue an injunction against the state election finance board, which ruled last month those groups may not use their funds to support a school choice referendum question appearing on the November ballot.

Lawyers for the GOP Executive Committees in Boone, Hardin and Jessamine counties filed an appeal to the Sixth Circuit Court of Appeals a day after U.S. District Judge Gregory Van Tatenhove denied their request against the Kentucky Registry of Election Finance.

The lawsuit was initially filed July 22, two weeks after the KREF issued an opinion to the Hardin and Jessamine GOP committees advising them that funds their groups raise can be spent on their parties’ nominees but not on a constitutional amendment ballot measure.

Leaders from the parties asked if they would be allowed to buy signs or make other expenditures for or against the ballot question.

In November, Kentucky voters will be asked if they support Amendment 2, which would allow the General Assembly to approve programs allowing families to receive funds to send their children to private schools. Efforts to create such school choice programs through laws have been struck down by state courts as unconstitutional.

As Republican county leaders seek to promote the measure, some public school districts have also spoken out against the measure. The efforts by the latter have led to Attorney General Russell Coleman issuing an opinion to district leaders that taxpayer resources cannot be used to oppose or promote a proposed amendment.

While Coleman has warned educational leaders about their involvement, his office has also supported the rights of local parties to participate. In an amicus brief submitted Thursday, Coleman and his staff argued that the registry’s opinion goes against state law and violates the parties’ rights to free speech.

“From start to finish, Amendment 2 uniquely implicates Kentucky’s legislators and thus the political parties they represent,” the brief states. “Separating speech about candidates and proposed amendments, as KREF’s opinion envisions, overlooks what Amendment 2 is all about.”

Lawyers for the three GOP committees have asked for an expedited review of the case since the election is now less than 10 weeks away. According to court records, KREF must file its response to the appellate court by noon Tuesday.

It’s uncertain when the panel may rule on the appeal.