James Trout Challenges Missouri’s New “Ethics” Law in Court
Today James Trout, a St. Louis County resident, filed a lawsuit against the State of Missouri challenging the new “ethics” law known as H.B. 1900. From AP/KWMU:
The law that took effect Monday repeals state limits on individual campaign contributions.
It also prohibits any contributions to those seeking a state office while the Legislature is in session.
A lawsuit filed today contends the fundraising blackout violates free speech protections.
The case was filed in the 19th Judicial Circuit (Cole County — Jefferson City) earlier today, a motion hearing is set for noon on Friday before Judge Richard C. Callahan. Trout, through his attorney Charles Hatfield of Jefferson City, is seeking a temporary injunction. Trout, a Democrat, recently lost his first race for office against Republican State Rep. Kathlyn Fares.
I called Jim Trout at home to get more information. Basically he makes a good argument that the new law overly favors incumbents. Essentially, campaigning is prohibited while the Missouri legislature is in session. Sounds fair right? Except that incumbents can be talking with potential contributors during this time but a potential challenger is prohibited from being out on the campaign trail trying to drum up support and needed contributions. Not so good.
Invalidating, or just an injunction, could have implications here in St. Louis as candidates for the President of the Board of Aldermen and a number of aldermanic seats are likely counting on not having any limits to contributions leading up to the March 6, 2007 primary. I presume the blackout during session does not apply to the local level.
Attorney General Jay Nixon, also a Democrat, is responsible for defending the law. However, Jay Nixon is running for Governor and if the law remains in place he cannot receive contributions during the legislative session. Will his office “settle” the lawsuit by declaring it unconstitutional? You can track the case on Casenet. Update 10:50pm — blog post from Post-Dispatch.
I hope Trout wins his case, mainly because the new rules do favor incumbents, but as a person who lives in Fares’ district, I am surprised. I am no Republican, and am in fact a registered Democrat, but Fares has made herself available to her constituents via email and phone. We’ve chatted online and in person several times. I respect her voting record, though we do not always agree. I never heard a thing from Trout throughout the election period–didn’t even know he was running until the papers mentioned it. I am surprised he lost by so little after running what, from my perspective, was a poor campaign.