ZONE REPRESENTATION CAMPAIGN AT ODDS WITH DISCLOSURE LAW

Proponents of an issue on the Nov. 3 ballot to elect Cape Girardeau City Council members by wards apparently have violated several provisions of the state's campaign finance disclosure law.

The proponents of the measure say the violations were unintentional and will be resolved.

But the zone representation initiative itself is likely illegal, and even if campaign law issues are resolved and the measure passes, Cape Girardeau City Attorney Warren Wells said he'd be reluctant to implement the change.

State law requires that before money is spent in support of or against any ballot issue, a committee must be formed.

But Cape Girardeau County Clerk Rodney Miller said the proponents of the zone representation proposition have failed to officially form a committee, although they've spent money on signs and other printed advertising materials.

Miller is responsible for collecting campaign finance reports for the Secretary of State's office. He said Wednesday that someone recently inquired about campaign laws, and he provided them information about forming a committee and when reports are due.

The clerk said he also advised them that state law does not require a committee to be formed unless more than $1,000 will be raised or spent in the campaign, or if a single contributor is going to give more than $250.

Lawrence Godfrey, who spearheaded a petition drive to put the measure on Tuesday's ballot, said the group has not filed the campaign reports because they haven't reached the $1,000 threshold.

But Miller said the law requires that all printed materials identify who paid for them. "Signs without a disclaimer are in violation of campaign finance disclosure laws," he said.

Miller said that based on the signs and advertising he has seen, the group likely was required to form a committee. But, he added, the county clerk is not the enforcement officer and only collects the campaign reports.

Godfrey said "a couple of people" have contacted him about the possible violations and told him the signs and other ads should contain disclaimers.

"But my understanding is, if you don't spend over $1,000, you don't need to file a statement," he said. "We haven't spent that much."

Tom M. Meyer, who also favors scrapping at-large city council elections in favor of zone representation, said the campaign law violations are merely a misunderstanding.

Meyer, who is a past candidate for public office, said he's been out of town and was unaware of the violations.

"These people working on this aren't experts on campaign procedures," he said. "I think all that's going to be brought into compliance.

"It was just unintentional. If it takes a stamp on all the signs, then we can handle that."

There also were two ads in Tuesday's Cape Girardeau News Leader newspaper that do not list the name of who paid for them, which also is a violation.

"That's not legal," said Gayla Thomas, director of the campaign reporting division of the secretary of state's office. "The ads have to give the name and mailing address of who is paying for it."

But Godfrey said he wasn't aware that proponents of the issue had bought any newspaper advertisements. "To my knowledge, I don't believe we have run any ads," he said.

The two, quarter-page News Leader ads concluded with the line: "This ad paid for by `an interested citizen.'"

Meyer said he was told Wednesday the newspaper ad was not in compliance with the law and said the violation would be corrected today.

Thomas said the printer also is prohibited from accepting advertising material without including a disclaimer. She said the law also requires a report if individuals work together on an issue.

Before any action could be taken, Thomas said someone must file a complaint with the Campaign Finance Review Board. The board would contact the county prosecuting attorney to investigate and take appropriate action.

Thomas said that based on her conversations with people around the state, failure to place disclaimers on signs is a relatively common violation.

"I think the part of not filing a report is much more serious than not putting the disclaimer on," she said.

Godfrey said that if a complaint is filed, proponents of the measure are prepared to respond appropriately with any reports or disclosures that are required.

However, even if the campaign finance issues are resolved, City Attorney Wells said he doubts the ballot measure is legal.

"We're reasonably certain that if it passes, the zone boundaries as they're drawn won't stand up to a legal challenge," Wells said.

Godfrey said the boundaries for the six proposed zones, which combine two or three city voting wards into single zones, were based on ward population.

But Wells said the U.S. Supreme Court has ruled that in order to ensure equal voter representation, the zone boundaries must be based on the number of eligible voters not population.

Because the zone boundaries would be written into the City Charter if the measure passes, any amendments to the boundaries would require a city-wide vote to change the charter.

"Assuming the lines won't stand up, that means the boundaries will not ultimately be where they're shown now," Wells said. "The public should be aware that what they're voting on Tuesday might not be what would ultimately be set."

Wells said that if voters approve the proposition, the city won't implement zone representation until the legal issues are resolved.

"One of the concerns I have is that the city ought not to implement something that's seriously out of balance, because it might subject the city to some litigation on civil rights grounds," Wells said. "The question of equal representation will have to be answered and resolved before I'll recommend the city implement this if it passes."