﻿That decision was overturned by a three-judge panel of the 7th U.S. Circuit Court of Appeals, which found, among other things, that the right to coordinate activities between campaigns and purportedly independent groups was not “clearly established,” even if the groups are engaging only in issue advocacy.﻿ The panel also ruled that the investigation was a state matter and ordered Randa to dismiss that case.

Meanwhile, the same group of lawyers that lost at the 7th Circuit brought suit on behalf of Citizens for Responsible Government Advocates, arguing that the Milwaukee-based group had the right to coordinate issue advocacy with three candidates who favor private property rights and fiscal conservatism. They are Kim Simac, running for re-election to the Vilas County Board; Carl Pettis, seeking re-election to the Waukesha County Board; and Republican Jason “Red” Arnold, who is trying to unseat Senate Minority Leader Chris Larson, D-Milwaukee, in the 7th Senate District.

Citing previous U.S. Supreme Court decisions and his own decision in the John Doe case, Randa wrote Tuesday that the state only has the right to regulate speech that could lead to cash-for-favors corruption.