The public has the right to know what the Missouri Ethics Commission is trying to put behind closed doors- candidates' attempts to justify keeping money they accepted that exceeded campaign contribution limits.
Rep. Margaret Donnelly, D-Richmond Heights, filed a lawsuit today in Cole County Circuit Court, asking for a temporary restraining order preventing the hearings, and asking for enforcement of the Missouri Sunshine Law, a declaratory judgment and injunctive relief.
Ms. Donnelly, who is a candidate for attorney general, issued the following news release:
Jefferson City – State Rep. Margaret Donnelly (D-Richmond Heights) filed suit today in the Cole County Circuit Court to stop the Missouri Ethics Commission from closing so-called “hardship” hearings to the public. The hearings are being held in response to a Missouri Supreme Court ruling last summer that restored campaign contribution limits.
“There should be no mystery about what is happening in these hearings. Candidates who claim hardship are seeking an unfair advantage by asking to keep contributions that exceed state limits,” said Donnelly. “Voters deserve to have access to these proceedings, and candidates for public office shouldn’t be allowed to hide behind closed doors. The Commission’s choice to close the hearings to the public is a blatant violation of the Sunshine Law.”
The Commission is straining to find a valid reason for closed hearings. Missouri law requires commission investigations of campaign violation complaints to be closed to the public until a finding has been made. But under “hardship hearings”, there are no complainants, and there are no investigations of campaign violations. The only issue is whether any candidate should be exempt from having to return the over-the-limit contributions because of a perceived hardship to their campaign.
“The campaign finance laws are designed to promote transparency and prevent secrecy,” finished Donnelly. “Candidates should be required to justify their actions in an open forum.”
The Missouri Ethics Commission required candidates to respond to the commission by November 26 if they had returned or were planning to return over-the-limit contributions. Most candidates said they would return over-the-limit contributions. Candidates wanting to keep over-the-limit contributions needed to respond by December 3. The Ethics Commission has repeatedly stated that they would not open “hardship” hearings to the public and will not even disclose if any candidate is claiming a “hardship”.
Donnelly returned over-the-limit contributions last quarter and has met the deadline for responding to the commission.
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The shameful thing is that Ms. Donnelly had to file this suit in the first place. You would think a group with the name and responsibility of the Missouri Ethics Commission would realize the importance of conducting its affairs in the open.
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