By Antonio D. French
Filed Tuesday, April 25, 2006 at 3:04 PM
In a unanimous decision issued today, the Missouri Supreme Court upheld a lower court's decision striking down a law prohibiting people convicted of federal crimes from running for elective office.
The trial court had found that the section violated equal protection. The Supreme Court found that the section violated the state constitution's single-subject requirement pertaining to bills.
From the summary: In 2005, the general assembly passed and the governor signed into law House Bill No. 58. As introduced, HB 58 repealed seven sections and enacted seven sections "relating to political subdivisions." The particular subdivisions originally covered were county finances, budget and retirement systems as well as city or district sewerage systems and waterworks.
As passed, HB 58 repealed 130 sections and added 165 new sections to the state statutes. One of the sections added to HB 58 was a section that provided that no one convicted of a federal misdemeanor or felony qualifies as a candidate for elected office in Missouri.
Henry Rizzo, a member of the Jackson County legislature, filed a declaration of candidacy to seek re-election to his office. In 1991, Rizzo pleaded guilty to the federal misdemeanor of providing a false statement to a financial institution. The state sought to disqualify Rizzo for running for re-election pursuant to section 115.348. Rizzo and two Jackson County voters sued, challenging the statute's constitutional validity.
Click here to read the Court's opinion.
The trial court had found that the section violated equal protection. The Supreme Court found that the section violated the state constitution's single-subject requirement pertaining to bills.
From the summary: In 2005, the general assembly passed and the governor signed into law House Bill No. 58. As introduced, HB 58 repealed seven sections and enacted seven sections "relating to political subdivisions." The particular subdivisions originally covered were county finances, budget and retirement systems as well as city or district sewerage systems and waterworks.As passed, HB 58 repealed 130 sections and added 165 new sections to the state statutes. One of the sections added to HB 58 was a section that provided that no one convicted of a federal misdemeanor or felony qualifies as a candidate for elected office in Missouri.
Henry Rizzo, a member of the Jackson County legislature, filed a declaration of candidacy to seek re-election to his office. In 1991, Rizzo pleaded guilty to the federal misdemeanor of providing a false statement to a financial institution. The state sought to disqualify Rizzo for running for re-election pursuant to section 115.348. Rizzo and two Jackson County voters sued, challenging the statute's constitutional validity.
Click here to read the Court's opinion.
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