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Judge lifts restraining order on ‘Restoring America’ political ads

By JIM BROOKS
Nelson County Gazette

Thursday, Oct. 20, 2011, 6:42 p.m. — Franklin Circuit Judge Thomas Wingate lifted the restraining order Thursday afternoon he had placed on Restoring America Inc, a 527 group that had placed political advertising critical of Gov. Steve Beshear. The radio spots are back on the air locally on 1320 WBRT as well on TV and radio across the state.

The order dissovling Franklin Circuit Judge Thomas Wingate's restraining order on advertising by RestoringAmerican, a 527 group whose sole donor is the father-in-law of Republican gubernatorial candidate David Williams. (Click to enlarge)

Judge Wingate issued the restraining order Monday at the request of the Kentucky Democratic Party, after it complained that the 527 group failed to disclose the names of its donors to the Kentucky Registry of Election Finance.

It its 32-day pre-election campaign finance report, the group listed a single donor, Restoring America, a group with the same name and contact information as the 527 group. Apparently, donors gave money to the Restoring America group, which then gave the money to the 527 group by the same name. The Kentucky Registry of Election Finance issued an opinion in April that independent groups could not use a “pass through” entity to shield the names of donors if that organization’s sole purpose was to raise money for a specific campaign.

Terry Stephens, the father-in-law of GOP gubernatorial candidate David Williams, was revealed to be Restoring America’s only donor. So far, Restoring America has committed $1.3 million on TV ads comparing and contrasting Beshear and Williams.

The state Court of Appeals denied Restoring America’s appeal on Wednesday, stating the restraining order could not be appealed.

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