GOP argues against returning excess contributions

JEFFERSON CITY, Mo. -- The Missouri Republican Party suggested Tuesday that the state Supreme Court's decision reinstating campaign contribution limits should apply only to donations made after the ruling.

If the court agrees, that would mean candidates could keep any money raised above the contribution limits from January until the court ruled earlier this month.

If the court decides its decision applies back to January, Republican Gov. Matt Blunt's campaign stands to lose about $3.9 million and his likely Democratic challenger, Attorney General Jay Nixon, would lose about $1 million.

The state and Ethics Commission's brief, filed by Nixon last week, takes the opposite tack, arguing candidates should have to give back excess money to provide a level playing field for new challengers.

Nixon's filing called for an exception for those whose race has ended, such as this spring's municipal elections, or those who closed their campaign committees before the court's July 19 decision.

However, the Republican Party argued in its brief filed Tuesday that it's unfair to punish candidates and donors who simply followed the rule of law at the time.

"Members of the public reasonably and justifiably relied on the duly enacted law of the General Assembly in exercising their First Amendment rights and this court's unexpected decision should be applied prospectively," attorney Harvey Tettlebaum wrote in the brief.

The attorney general's office did not immediately return a call seeking comment.

Nixon campaign spokesman Oren Shur said the attorney general is following his client's wishes.

"Jay Nixon's brief is based on the law and the recommendations of the Missouri Ethics Commission," he said.

The Republican Party also disagrees with the court's original ruling, saying the removal of limits should be upheld.

The Supreme Court, in a unanimous decision, overturned a lower judge who had thrown out a fund-raising ban for elected officials and challengers during the legislative session but kept intact the overall repeal of Missouri's individual contribution limits.

The Supreme Court said the legislative history of the bill indicated lawmakers would not have repealed contribution limits if the donation blackout period was not in effect.