Republicans: Commission violated Sunshine Law

JEFFERSON CITY, Mo. -- Republicans sued Monday to block a Missouri Ethics Commission action that could require the refund of millions of dollars of campaign contributions collected in excess of the state's recently reimposed limits.

The lawsuit by the Missouri Republican Party and a southwest Missouri House member claims the Ethics Commission violated the state's open meetings law last week when deciding how to implement a Supreme Court decision on the contributions.

Republicans are seeking a temporary restraining order preventing the Ethics Commission from carrying out its Sept. 11 decision to notify candidates they may have violated state law by receiving the donations.

Under the Ethics Commission decision, candidates must refund the money unless they can prove they relied on a now-stricken law allowing unlimited contributions, and that returning the money now would pose a hardship.

Millions at stake

The Republican Party contends candidates should not have to refund large donations collected between Jan. 1 and July 19, when the Supreme Court struck down the law. Democrats have generally advocated for the ruling to be applied retroactively.

At stake is almost $4 million in contributions to Republican Gov. Matt Blunt and more than $1 million to his 2008 gubernatorial opponent, Democratic Attorney General Jay Nixon.

The lawsuit claims the Ethics Commission's violation letters must be stopped before hitting the mail or they could trigger a 10-business-day window for candidates to return contributions or face penalties. Otherwise, candidates could be forced to return money before the commission has decided whether to grant them a hardship exemption, the lawsuit claims.

An attorney for the Ethics Commission did not immediately return a message Monday.

The six-member Ethics Commission met in secret for a little more than an hour Sept. 11, citing an exception to the Sunshine Law allowing closed meetings for discussions about legal actions and privileged communications between governmental bodies and their attorneys.

Commissioners then reconvened in a public session and, within a couple of minutes with no public discussion, unanimously passed a motion about how to implement the Supreme Court ruling on contribution limits.

Chairman Warren Nieburg of Camdenton told reporters the day of the meeting that the commission did not believe it violated the Sunshine Law.

In closed session

But the Republican lawsuit claims the Ethics Commission broke the Sunshine Law by discussing in closed session what its agenda specifically said would occur in open session. The lawsuit claims the commission also violated the law by discussing more than it was legally allowed to do in closed session.

"Conceivably, the commissioners may have consulted their attorneys about the meaning of the Supreme Court's opinion or presented counsel with specific legal questions in closed session," Republicans argue in a brief requesting the restraining order. "But they violated the law by holding their entire debate and deliberation in closed session."

Besides the Missouri Republican State Committee, the other plaintiff is Rep. Shane Schoeller, R-Willard. The Associated Press found at least two contributions Schoeller could have to refund as a result of the Ethics Commission action. He did not immediately return a telephone call Monday.