By Antonio D. French
Filed Monday, August 27, 2007 at 3:28 PM
In an opinion handed down today, the Missouri Supreme Court declined to order candidates and elected officials to return money raised during the brief time the state was without contribution limits. Labels: Campaign_Finance, Supreme_CourtIn a 4-2 per curiam opinion that cannot be attributed to any particular judge, the Court held that its July 19, 2007, decision is fully retroactive as to James Trout and is fully prospective to all candidates and campaigns whose campaigns were concluded by July 19. The Court further held that, as to all other nonparty candidates whose campaigns were not concluded by July 19, the Court cannot make any bright-line rule of prospective or retrospective application on the record before the Court and, therefore, leaves such matters to the Missouri Ethics Commission, which is responsible for any enforcement action to require disgorgement of campaign contributions.
Click here to read the full opinion.
6 Comments:
slick move, no law in Missouri
8/27/2007 3:46 PM
That means Robin Wright-Jones should drop out of the race for the 5th Senatorial District.
8/27/2007 4:30 PM
The court sent it back to the Ethics commision???
At least you cant count them as actavists!
8/27/2007 4:49 PM
Just like in the case of the SLPS, the Mo courts do nothing...no balls!
8/27/2007 9:06 PM
that is not the right analysis Antonio. The court allowed several position briefs until August 3rd. Among all those offered, the court in a majority vote (4-2) sided with the Missouri Ethics COmmission, which stated in their brief that over limit contribution limits should be returned. The court went so far as to say if there is a hardship proven , then Mo Ethics has to take it on as a case by case deal. However, it will be hard to prove a hardship unless there was debt paid off and the money is now gone. Every candidate that took over the limit contributions has a good faith opportunity to do the right thing and allow parity in elections.
People like Reed and others who had municipal elections don't have to worry about the decision.
8/27/2007 10:23 PM
Hardships....
I already spent that $40,000 from Rex. But no one elese wants to give me even $250.
Thats a hardship I want!
8/28/2007 9:09 AM
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