Fund-raising can proceed during session

JEFFERSON CITY, Mo. -- The fund-raising spigot is open again.

A Cole County judge Monday temporarily blocked a new law banning fund-raising by lawmakers, statewide officials and candidates during the legislative session, which began last week and runs through mid-May.

Although Circuit Judge Richard Callahan's order addresses only the fund-raising ban, the law also eliminated individual contribution limits; banned cash contributions to candidates from political parties; prohibited certain people from running for office; and imposed new Ethics Commission reporting requirements on lobbyists. Callahan set a March 2 hearing for consideration of the lawsuit seeking to declare the entire law unconstitutional.

Local legislators unanimously said the ruling would not affect them.

"I think it's a reasonable and good ethics reform law to not have members of the general assembly fundraising from individuals or on issues that may or may not come before the general assembly," said state Sen. Jason Crowell, R-Cape Girardeau.

"I don't think it's unreasonable, and I actually support it."

State Rep. Scott Lipke, R-Jackson, said the ruling won't affect him. "To my knowledge, I've never solicited money during the session," he said.

"It's always been too hectic."

State Rep. Nathan Cooper, R-Cape Girardeau, agreed that the ruling won't alter his plans. "Let me be clear, I will not be taking advantage of Judge [Richard] Callahan's ruling," he said.

"I will not be raising money during this legislative session."

In his ruling, Callahan said the legislature did not address the concerns raised by a federal judge who struck down a similar Missouri law in 1996 as an unconstitutional infringement on free-speech rights.

U.S. District Judge Stephen Limbaugh said the old law was problematic because it was not limited to incumbents and because it went so far as to prevent candidates from spending their own money.

Callahan called it "puzzling" that the legislature "has made no effort to correct the deficiencies identified by Judge Limbaugh" but instead "has enacted a contribution ban that in all substantive respects is identical to the bill passed by the General Assembly in 1994."

James Trout, a Webster Groves man who plans to run for the legislature in 2008 after losing last year, challenged the law, in particular taking issue with not being able to spend his own money on his campaign in the next few months.

The temporary restraining order means lawmakers, statewide officials and challengers can accept unlimited contributions now, rather than waiting until May. The remainder of the law remains in effect.

Southeast Missourian staff reporter TJ Greaney contributed to this report.