Court Declines to Order Refunds
Filed Monday, August 27, 2007 at 12:00 PM
In an opinion handed down today, the Missouri Supreme Court declined to order candidates and elected officials to return money raised during the brief time the state was without contribution limits.
In a 4-2 per curiam opinion that cannot be attributed to any particular judge, the Court held that its July 19, 2007, decision is fully retroactive as to James Trout and is fully prospective to all candidates and campaigns whose campaigns were concluded by July 19. The Court further held that, as to all other nonparty candidates whose campaigns were not concluded by July 19, the Court cannot make any bright-line rule of prospective or retrospective application on the record before the Court and, therefore, leaves such matters to the Missouri Ethics Commission, which is responsible for any enforcement action to require disgorgement of campaign contributions.
Click here to read the full opinion.
