Kentucky Registry of Election Finance v. Blevins

Summary

The Kentucky Supreme Court considered whether a county clerk violated KRS 121.310(1) by distributing a letter asking employees to vote for a political candidate. The court held that the statute was unconstitutionally overbroad as applied because it impermissibly burdened protected political speech, and affirmed the Court of Appeals.

Holdings

1. KRS 121.310(1) is inconsistent with the First Amendment because its prohibition on an employer's statement that employees have been requested to vote for a candidate reaches protected political speech and extends too far beyond coercion.
2. Blevins's statement that he would appreciate his employees' votes and support was constitutionally protected free speech and did not cross the threshold into coercion or direction.

Questions Presented

1. Whether KRS 121.310(1), insofar as it prohibits an employer from circulating a statement that employees have been requested to vote for a candidate, violates the First Amendment.
2. Whether Blevins's letter requesting employees' votes constituted constitutionally protected political speech rather than prohibited coercion or direction under KRS 121.310(1).

Disposition

affirmed