Got a t-shirt politicians don't like?

Dear friend,

You may have heard this week about supporters of Kentucky Attorney General candidate Todd P'Pool at Sullivan University charged with campaign finance violations for encouraging employees to oppose current Attorney General Jack Conway. The details of the case have gotten very light coverage in the media and there is an important reason why.

The law P'Pool's opponents are trying to use against him, KRS 121.310, is an unconstitutional mess.

The law literally states "No person shall ... give out or circulate any statement or report that employees are expected or have been requested or directed by the employer, or anyone acting for him, to vote for any person, group of persons or measure."

What this actually means is anyone's guess, but it is so vague that a "statement" could refer to a forwarded email or bumpersticker or a campaign flyer lying around the office. The statute goes on to prohibit any corporation from attempting to influence the vote of any employee. Does that mean if an employee (or former employee) doesn't like your t-shirt he can claim you were trying to illegally influence his vote? The statute does not preclude anyone from doing that.

And the penalties for violation of the statute include up to one year in jail, up to $10,000 fine and revocation of your right to do business in the state. Violation is a Class D felony. 

The executives at Sullivan University seem determined to fight these charges and they should. In fact, I would bet that KRS 121.310 has never been successfully prosecuted in Kentucky since its passage in 1974 as HB 710. This is simply a prime example of political hacks using an unenforceable law to tie up an opponent with a few cheap headlines. In that, KRS 121.310 has been effective. There is no place for shenanigans like this in a free society.

Incidentally, it took some digging but I went back to find the original HB 710 from 1974. The bill's sponsor was a then-freshman legislator named Steve Beshear, currently governor of the Commonwealth. He should be made to explain why we need this law. Then we should repeal it as soon as possible.


Sincerely,


David Adams
Executive Director
Kentucky Knows Best PAC


P.S. Please support the work of Kentucky Knows Best PAC by contributing to the effort. The maximum annual donation is $1500 per person, but any amount will help. Thanks!