Campaign Finance Debate

On July 19, 2007, The Missouri Supreme Court handed down a ruling in the case of Trout VS The State of Missouri. The Supreme Court declaring the invalidation of section 130.032 of H.B. 1900, – the so-called campaign finance reform bill enacted in 2006. The bill was signed by the Governor and became effective January 1, 2007.

This Campaign Finance debate is juvenile, arguing over giving excess contributions back to the contributors. Yes, the supreme court did declare the amendments where invalid, and they did restore the law to it original state prior to the H.B. 1900. I will not join in on the debate. However, I have researched this issue and this is what I found:

http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/91b8b8cf4837c2bd8625731d0064ee58?OpenDocument

Section 130.032 states, on The Missouri General Assemblies Website: "Chapter 130 Campaign Finance Disclosure Law Section 130.032 Monetary contributions from political party committees prohibited--contributions not to be accepted during legislative session, exception.
130.032. 1. Monetary contributions shall not be made from any political party committee as defined in subdivision (25) of section 130.011 to any candidate committee, continuing committee, or political party committee. Nothing in this section shall be construed to limit any candidate committee from making contributions to any other committee."

"2. Any candidate for the office of state representative, the office of state senator, or a statewide elected office shall not accept any contributions from the first Wednesday after the first Monday in January through the first Friday after the second Monday of May of each year at 6:00 p.m. Only candidates for special election to the house of representatives, senate, or statewide elected office may, during such time, accept contributions from the date of the candidate's nomination by his or her respective political party until thirty days after the date of the election.

This is quite strange considering that the Missouri Supreme Court made this statement in is opinion stated, "The result is that section 130.032 as it was constituted before H.B.1900 remains the same.

That section from H.B. 1900 Bill Summaries states:
"(8) Removes the maximum contribution limits per election year for most statewide elected offices by repealing parts of Section 130.032 and prohibits any candidate for statewide office, except candidates for a special election, from accepting campaign contributions during the legislative session"; http://www.house.mo.gov/bills061/bills/hb1900.htm

The Missouri Ethics Commission states the following:
"The Supreme Court’s decision invalidates the amendments to Section130.032 RSMo. As of the date of the decision, candidates should no longer accept contributions in excess of the applicable limits provided by Section 130.032, RSMo (2000)." And, "The individual contribution limits in effect at this time for candidates are as follows: Statewide office: $1,275.00. "

http://www.moethics.mo.gov/Ethics/GeneralInfo/CommMtgs/2007ComMtgs/20070721AdvisoryOpinion.pdf

To conclude, The Missouri Supreme Court did invalidate H.B. 1900 Repeal of parts of Section 130.032 of the Missouri Revised Statue, and the Missouri Supreme Court did restore section 130.032 as it was before H.B. 1900 was constituted. The Missouri Ethics commission honors the Supreme court’s decision and post an advisory statement on the Ethic Commission’s website and states that as of July 19, 2007 Candidate should no longer accept contribution exceeding of the applicable limit for the office a candidate is seeking. In the Governors Race it is $1,275.00.

However, The Missouri General Assembly, or a webmaster has not updated RSMo online or something strange is going on in Jefferson City. The only limitation I found online in the RSMo was Section 130.031 and it only puts a limit on Anonymous Contributions and cash contributions. It is my assumption that any campaign funds receive before July 19 exceeding $1,275 are ethical, and that no candidate shall accept any contributions in excess after that date. Regarding if the candidate should return exceeded funds received before July 19 is something that only The Missouri Ethics Commission and the Missouri Supreme Court should decide. I will be drafting a letter in the next few days asking that very question. So far The Missouri Ethics Commission had partly answered this question but not to my satisfaction. They only advised to stop accepting contributions in excess.

With all the debating between Nixon and Blunt, I would prefer the common sense approach, rather then assuming on my own.

C. Anthony Ince
Republican Candidate
Governor 2008
www.ince2008.com