COMPLAINT IS FILED ALLEGING VIOLATION OF LAW ON DISCLOSURE

A former Cape Girardeau City Councilman Thursday filed a complaint with the Missouri secretary of state's office against proponents of a ballot issue to elect council members by zones.

The complaint, filed by Curtis S. Smith with the Campaign Reporting Division of the secretary of state's office, cites 11 separate violations of campaign disclosure laws by a committee formed to promote the ballot issue.

The complaint was prompted by yard signs and advertisements in newspapers and on radio that didn't include required disclaimers stating who paid for the ads.

Also, proponents of the measure have failed to officially form a committee and report contributions and expenditures associated with the campaign.

In the complaint Smith, who was a member of the council from 1982-87, said, "Failure of proper disclosure of this committee will effectively deny the right of the people in my community to make a fully informed decision on the charter ballot issue.

"The public is being denied the right to know who is financially supporting this issue and why."

Smith said the purpose of disclosure laws is to "keep politicians honest" by disclosing to the public their source of contributions.

"This allows the voters to review all candidates' or committees' contributors in judging whether a candidate or committee will represent the community's interest or a special interest," he wrote.

Under Missouri statutes, a committee is defined as a person or group who accepts contributions or spends money in order to influence voters' actions.

Smith contended that the proponents of zone elections who filed with the city as the "Elect a Neighbor Committee" is subject to disclosure requirements of campaign committees. Some of the violations he cited include:

The committee is required to file reports if it spends more than $1,000 or anticipates spending that amount. Also, if the committee receives contributions of more than $1,000, or $250 from any single contributor, it's required to file reports.

The committee failed to put disclaimers on some advertising and has put "deceptive or misleading disclaimers" on ads.

The committee failed to file an exemption statement, which is required if they planned not to expend more than $1,000.

The law requires that all connected organizations, individuals or corporations report expenditures. None have yet been reported.

The committee has no official bank account as required by law.

The committee failed to appoint a treasurer as required by law. Smith added: "Without a treasurer, there is no one accountable for the accuracy of the reports or for recording (from) who and where money or contributions came."

The committee failed to file reports seven and 40 days prior to the election, as required by law.

The committee isn't registered under an official name with the state as required by law.

Smith contended in the complaint that some of the people involved with the committee "have extensive knowledge of campaign finance laws that would void the notion that it is a simple oversight."

He said that although the issue is being presented as a positive change for the community, "It is in fact a back-door attempt to recall the existing council and replace it with a new, hand-picked council."