Refunds could hit lawmakers hard

JEFFERSON CITY, Mo. -- Months of campaigning, traveling, fund-raising and spending finally paid off for Steven Tilley when his fellow Republicans made him the new House majority leader.

But on the same day Tilley won election to the prestigious position, the Missouri Ethics Commission took a little of the luster off his prize.

Following up on a Supreme Court ruling, the Ethics Commission decided last week that candidates may have to refund money raised in excess of Missouri's recently reimposed contribution limits.

Exceptions are possible, the Ethics Commission said, but only if candidates can prove they relied on a now-stricken-down law allowing unlimited donations and that returning the money would pose a hardship.

For Tilley, the Ethics Commission decision could mean he owes more money than he has.

According to an Associated Press analysis of campaign finance reports, Tilley could have to refund more than $22,000 raised from Jan. 1 through June 30, because the contributions exceeded the $325 limit reinstated as a result of a July 19 Supreme Court ruling.

The trouble for Tilley is that his campaign account had only a little more than $14,000 as of June 30. And that hasn't changed much since then, Tilley said.

"There's a very good chance that I may be in a position where they're asking me to return more than I have cash on hand," said Tilley, 36, an optometrist from Perryville. "My personal opinion is it would be a hardship."

Whether that qualifies as an official hardship in the eyes of the six state ethics commissioners remains to be seen. The commission's staff still is doing its own calculations on how much each candidate could owe -- a first step before candidates can seek an official hardship exemption.

Much attention has been paid to the eye-popping refunds that could be demanded of Republican Gov. Matt Blunt (almost $4 million) and his Democratic gubernatorial challenger, Attorney General Jay Nixon (more than $1 million).

But the AP analysis shows plenty of down-ballot candidates also have money at stake.

Of 167 candidates who already have created House campaign committees for the 2008 election, the AP identified 76 who would owe refunds of contributions that topped the retroactively reimposed limits.

Ironically, some of those refunds would go to Tilley, who contributed money to roughly one-third of his House Republican colleagues.

Cumulatively, House candidates owe about $500,000 in refunds, the AP found.

The AP analysis found a nearly identical number of Democrat and Republican House candidates who could owe refunds. But those Republican candidates could owe almost twice as much money as the Democrats.

Perhaps that helps explain what seems to be an emerging campaign theme.

From the top of their parties on down, many Democrats are praising the retroactive reimposition of the contribution limits, while many Republicans are criticizing the decision.