One of the proposed state constitutional amendments to impose campaign finance limits in Missouri is unconstitutional, Cole County Circuit Judge Dan Green ruled Friday.
So, unless they can win on an appeal, the Returning Government to the People group cannot circulate its proposed amendment setting limits on campaign contributions and who can make them.
"Here, the proposed measure's unconstitutionality is so clear and settled as to constitute a matter of form," Green wrote in his 10-page final judgment.
Attorney General Chris Koster's office represented Secretary of State Jason Kander and the state auditor's office in the lawsuit.
Koster spokeswoman Nanci Gonder said Friday the ruling is being reviewed.
Jefferson City lawyer Marc Ellinger filed the suit challenging the proposed amendment, its ballot title written by Kander's office and the fiscal note and summary written by the auditor's office.
He said Friday he had not consulted with his client - Laura Reeves of St. Louis County - and didn't know if she wanted to appeal.
However, Ellinger expects the state and the Returning Government to the People group to appeal.
The petition's nine pages of text proposed to change Article VIII in the Constitution, which controls elections, by adding a section it titled the Missouri Campaign Contribution Reform Initiative.
Its preamble would have added to the Constitution the finding that "the people of the State of Missouri hereby find and declare that excessive campaign contributions to political candidates create the potential for corruption and the appearance of corruption" and large campaign contributions by wealthy individuals, corporations and special interest groups allow them "to exercise a disproportionate level of influence over the political process."
The proposed amendment would limit contributions to $2,600 for candidates for the six statewide offices, lawmakers and judges in partisan elections, with $25,000 limits on an individual's "aggregate contributions" to any political party.
Also, with some exceptions, the amendment would make it "unlawful for a corporation or labor organization to make contributions to a campaign committee, candidate committee, exploratory committee, political party committee or a political party."
However, Green ruled, he already had overturned part of the petition's proposed language in 2011, when Osage County-based Legends Bank and its president, John Klebba, challenged a 2010 state law that included campaign contribution restrictions on financial institutions, and "the State of Missouri did not appeal this specific ruling."
Additionally, Green said, "The Initiative Petition's provisions prohibiting certain other entities from contributing in any amount to political action committees violates the First Amendment of the United States Constitution."
The judge noted the petition proposed to amend two different parts of the state Constitution "and as such, violates the Missouri Constitution. (The) Petition ... significantly impairs the rights guaranteed to individuals under Article I, Section 8, of the Missouri Constitution and completely eliminates rights guaranteed thereunder as to certain individuals and entities.
"Because the Petition amends more than one article it is facially unconstitutional."
Ellinger said, "The Constitution's fairly clear and the U.S. Constitution's fairly clear - you cannot take away an absolute right of certain people to contribute, in a discriminatory manner."
The Returning Government to the People group didn't respond to an emailed request for a comment.
Any case decided by a Cole County judge can be appealed to the appeals court's Western District in Kansas City.
The state Constitution gives the Supreme Court the "exclusive appellate jurisdiction in all cases involving the validity of ... a statute or provision of the constitution of this state."
After getting it late last year, Kander's office approved the petition for circulation Jan. 13.
Ellinger filed the six-count lawsuit Jan. 21, challenging the ballot title and fiscal note as failing to meet the state law requirements that they be fair and sufficient.
Kander's ballot title said, "Shall the Missouri Constitution be amended to:
• establish limits on campaign contributions by individuals or entities to political parties, political committees, or committees to elect candidates for state or judicial office;
• prohibit individuals and entities from intentionally concealing the source of such contributions;
• require corporations or labor organizations to meet certain requirements in order to make such contributions; and
• provide a complaint process and penalties for any violations of this amendment?
"It is estimated this proposal will increase state government costs by at least $118,000 annually and have an unknown change in costs for local governmental entities. Any potential impact to revenues for state and local governmental entities is unknown."
Green ruled Friday the ballot language and fiscal information "are fair and sufficient," rejecting Ellinger's arguments.