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Friday, May 14, 2004

State board: Fletcher's campaign mailings legal



The Associated Press

FRANKFORT - Gov. Ernie Fletcher has been cleared in connection with a campaign mailing sent to state employees at their workplaces.

The Kentucky Registry of Election Finance dismissed the complaints Wednesday.

Three state employees under the merit system lodged the grievances against Fletcher and his campaign, alleging the mailings violated a law that prohibits candidates from soliciting services from state employees and one that says no employer may "coerce or direct" employees to vote for anyone.

The registry's general counsel, Rosemary Center, said the late October letter from Fletcher requested "support in next week's election," not a service. Carter also said the courts have effectively blocked enforcement of the anti-coercion law on free-speech grounds, unless the statement at issue is "very coercive."

John Whittle, a private lawyer for Fletcher and his campaign, told the registry board that the case should be dismissed because there was no employer-employee relationship between Fletcher and the employees when the letter was sent.

The only registry member to vote against dismissal was Democrat Richard Beliles, a Prospect attorney. Public employees should receive more protection, he said, since polls showed Fletcher was leading in the race, making him their probable future employer.




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