Attorney General's News Release

April 13, 1999

Nixon files U.S. Supreme Court brief to reinstate campaign contribution limits

Jefferson City, MO — In a brief filed today with the United States Supreme Court, Missouri Attorney General Jay Nixon asked the court to reinstate a Missouri law establishing campaign contribution limits. Nixon, who will argue the case before the court in October, said campaign contribution limits are necessary to protect the integrity of the electoral process and have very little effect on the free speech rights of the candidate or the donor.

Nixon said the 8th Circuit Court of Appeals erred in a November ruling which overturned Missouri's campaign contribution limits, noting that there was no evidence presented that contribution limits curtail freedom of speech.

"The ruling by the court of appeals effectively overrules the decision that has been the foundation of campaign finance reform efforts throughout the country for more than twenty years," Nixon said, citing the U.S. Supreme Court's decision in the 1976 case, Buckley v. Valeo. "We are asking the highest court in the land to uphold its previous decision which establishes that government may act to limit campaign contributions as long as they are reasonable and that the government is entitled to enact such limits without evidence of political corruption."

"Buckley clearly says that the government is not required to wait until a situation exists that seriously damages public confidence in our system of representative government," Nixon said. "Missourians have said it is important to have these limits now to prevent corruption or even the perception of corruption."

Nixon noted that Missourians have made it clear they support campaign limits in 1994 when 74 percent of all voters supported a referendum imposing campaign limits. The Missouri legislature passed similar campaign finance reforms limiting contributions to $1,000 for statewide office, $500 to state senate candidates and $250 to candidates for state representative. The limits went into effect in January of 1995 and governed all elections until July 1998 when the court of appeals stayed enforcement of the law until final ruling in November.

Nixon is seeking to reinstate those limits noting that the highest court in the land has already made it clear that it is not appropriate for courts to second guess or fine tune legislative judgements on contribution limits.

"The Supreme Court said that campaign limits set by the legislature must be upheld as long as they are reasonable and there is no evidence that they impose undue burdens on the first amendment," Nixon said.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818