Court of Appeals denies Restoring America's request to override restraining order

10/19/2011 12:46 PM

UPDATED: The Court of Appeals has tossed out Restoring America’s request to override a restraining order that has barred it from airing ads in this fall’s governors race.

The Appeals Court said it doesn’t have jurisdiction to provide relief from a restraining order. You can see the dismissal here: RestoringAmericaAppealsDenial.pdf

The Kentucky Democratic Party on Wednesday asked the Kentucky Court of Appeals to dismiss a Republican group’s argument to return its ads to the airwaves.

The group, Restoring America, had filed an appeal of a restraining order that bars TV stations from airing Restoring America’s ads because the group didn’t file names of donors to the Kentucky Registry of Election Finance.

The motion to dismiss the appeal, filed by attorney Jennifer Moore, says the court doesn’t have the authority to reconsider a restraining order. And Moore’s motion counters Restoring America’s argument that Franklin Circuit Court was the wrong place to take up the issue in the first place.

To read the motion, click here: Democrats Motion.pdf

The appeal has been assigned to Appellate Judge Michael Caperton of the 3rd District based in London, Ky.

The central issue in the legal wrangling is whether Restoring America, as an outside unauthorized campaign committee, must disclose its donors. It listed the source of its $1.365 million fundraising in its required report to the Kentucky Registry of Election finance as a non-profit corporation of the same name: Restoring America, Inc.

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