Democratic Party of Kentucky v. Graham

I respectfully dissent and would grant the petitions for writ of prohibition. The first matter at issue is whether the statutory enforcement scheme for criminal violations of the campaign finance laws, set forth in KRS 121.120(5) and 121.140(5), gives the Registry for Election Finance (Registry) exclusive jurisdiction to make a judicial determination of probable cause for a felony prosecution. If this question is answerable in the affirmative, the second issue which must be addressed is whether such a scheme violates the United States and Kentucky constitutions.

The majority concludes that the…