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Attorney who tried federal campaign-finance case warns of overbroad enforcement, subpoenas and constitutional risk
Summary
Attorney Josh Nye told the committee that recent KGEC enforcement practices have chilled First Amendment activity, cited recent court rulings that found aspects of the PAC and conduit-contribution rules unconstitutional as applied, and recommended reconsidering enforcement mechanisms and clarity in statute.
Josh Nye, a partner at Kriegshauser Nye Law Group and an elected county attorney, told the Committee on Elections that recent enforcement and subpoena practices by the Kansas Governmental Ethics Commission have been overbroad and have chilled political speech.
“I really do have a soft spot in my heart, not only personally, but also on behalf of my clients,” Nye said, describing a 2019 federal trial in which his client was acquitted and later faced administrative proceedings before the KGEC with substantial legal costs.
Nye said multiple recent court decisions support concerns about the way some Kansas statutes have been applied. He cited a federal district court…
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