State can't limit party contributions to candidates, federal appeals panel rules
By The Associated Press
09.12.00
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ST. LOUIS — Missouri cannot limit the amount of money a
political party gives to its candidates, a federal appeals court panel ruled
yesterday.
A three-judge panel of the 8th U.S. Circuit Court of Appeals in St.
Louis said in a 2-1 decision that the 1994 law capping cash and in-kind
donations was unconstitutional. Judge John R. Gibson wrote the dissenting
opinion.
The Missouri Republican Party had appealed a July 5 ruling in which
U.S. District Judge Catherine Perry upheld the state law. The appeals panel
sent the case back to Perry and also ordered her to issue an injunction
prohibiting enforcement of the law.
The GOP maintained the law violates its rights of free speech. The law
caps party donations at $11,175 for statewide candidates; $5,600 for state
Senate candidates; and $2,800 for state House of Representative candidates.
Contributions to candidates for other offices are limited to 10 times the
donation limits imposed on individuals.
The state had argued that allowing the parties to give unlimited
amounts of money to candidates circumvents the state's individual limits. It
also said such laws are necessary to prevent corruption or the appearance of
corruption.
The state GOP, however, said restrictions on party donations to
favored candidates unlawfully and unfairly curb parties' powers to recruit and
assist candidates.
The panel agreed, saying a party's contribution "provides and
ideological endorsement and carries a philosophical imprimatur that an
individual's contribution does not."
In his dissent, however, Gibson said he believes party contributions
should be subject to the same level of scrutiny as limits on individuals and
political committees.
"The free speech rights of parties are not greater than the free
speech rights of individuals and political committees," he wrote. "Speech,
after all, is speech, whether expressed by one or by a group formed to convey a
common viewpoint."
Gibson also said he found no evidence to show Missouri's contribution
limits have created "a system of suppressed political advocacy."
Attorney General Jay Nixon, a Democrat, called the panel's decision
"disturbing," and vowed to appeal it to the U.S. Supreme Court.
Earlier this year, Nixon
successfully defended the
state's campaign-finance laws limiting individual contributions before the
nation's highest court.
"I intend to go right back to the United States Supreme Court to
defend this Missouri law that helps take big money out of the political
process," Nixon said.
Update
Missouri attorney general asks U.S. Supreme Court to consider contribution case
Official wants high court to reinstate law struck down last September that limits party donations to candidates.
01.11.01
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