The Missouri Ethics Commission has four vacant seats out of six, leaving it two people short to decide any issues.

The commission had to delay a decision on a complaint filed against Columbia mayoral candidate Randy Minchew on March 15, citing the lack of commissioners.

Under state law, the commission is required to act within 15 days of receiving a complaint against a candidate for the municipal election.

However, because the terms of four commissioners ended on March 16, there are only two active members of the commission.

Commissioners are appointed by the governor with the advice and consent of the Senate for a four-year term.

Kelli Jones, spokeswoman for Gov. Mike Parson, said that Parson plans to appoint two people to the commission in the next two weeks.

Former Rep. Rocky Miller, who represented House District 124 from 2013 to 2021, has filed a lawsuit in U.S. District Court for the Western District of Missouri seeking compensatory damages and an injunction to prohibit the Missouri Ethics Commission from enforcing the lobbying ban for legislators.

Miller alleges the 2018 Amendment known as Clean Missouri is an unconstitutional infringement on his rights to freedom of speech and petitioning the government because he was unable to successfully register as a lobbyist to lobby the executive and legislative branches for a prospective client.

The U.S. District Court for the Western District of Missouri granted a preliminary injunction enjoining the Missouri Ethics Commission from enforcing the 60-day formation deadline for continuing committees and PACs, including out-of-state and federal committees.

The court found the requirement for committees to file a statement of organization no later than 60 days before an election for which the committee receives contributions to likely be unconstitutional.

In granting the injunction, the court relied upon the decision of the Eighth Circuit in Missourians for Fiscal Accountability v. Klahr, which found Missouri’s 30-day formation deadline for campaign committees unconstitutional.

The Senate confirmed the appointment of Robert C. Cook of Ashland to the Missouri Ethics Commission.

Confirmation happened on April 8, ending three weeks of limbo.

The commission had been unable to meet or take any action after the terms of three of its six members expired on March 15 because commissioners cannot serve once their terms expire.

The Missouri Ethics Commission increased contribution limits for state House and Senate candidates.

The per election limits have increased from $2,000 to $2,046 for House candidates and from $2,500 to $2,559 for Senate candidates.

The inflationary adjustments are the first under a constitutional amendment approved by voters in 2018.

The $5 lobbyist gift limit for members of the General Assembly remains unchanged.

There are several bills pending in the House and Senate that would lower contribution limits.

The Missouri Ethics Commission announced a new electronic filing system for 2019 lobbyist renewals with mobile-friendly features including entering expenditures instantaneously and saving in-progress entries.

The 2019 renewal system will allow for electronic filing of principal reports, recording of multiple recipients for a single expenditure to be pro-rated, and submitting and paying for registration online.

To access the new Lobbyist Electronic Filing System, click the “Renew Registration” link in the current filing system. For detailed instructions, visit the Ethics Commissions’ Instruction Guide.

Missouri Ethics Commission Director James Klahr is leaving his post to become deputy director of the Veterans Commission.

After four years as executive director, Klahr’s last day at the Ethics Commission is July 5.

State law allows the director to serve only one six-year term; his term was set to expire September 2019.

The Missouri Ethics Commission recently issued a campaign finance advisory opinion differentiating between political parties and political party committees for the application and enforcement of voter approved contribution limits.

The $25,000 aggregate limit on contributions to a political party does not apply to contributions to a political party committee unless the committee is, by definition, organized to influence voters on behalf of the affiliated political party.

The aggregate limit will, therefore, not apply to the state House and state Senate committees for each political party because, while they have historically served such a purpose, they do not actually indicate they are acting on behalf of a political party; rather, it is possible they could choose to support or oppose non-party candidates or even ballot issues.

Parts of a campaign finance law approved by Missouri voters in November have been ruled unconstitutional.

U.S. District Court Senior Judge Ortrie Smith issued a ruling Friday finding corporations and labor organizations must be permitted to make contributions to campaign committees only supporting or opposing ballot measures, and political action committees must be able to receive contributions from other political action committees.

The court also ruled the ban on contributions to PACs by heavily regulated entities unconstitutional.

Finally, the ruling permanently enjoins the Missouri Ethics Commission from interpreting certain campaign finance provisions in any manner inconsistent with previously issued advisory opinions. Contribution limits will continue to apply only to contributions to candidates unless a contribution to a continuing committee or PAC is restricted or designated for a specific candidate.

The court stayed any injunctive relief ordered for 45 days to allow the state to review the ruling and to allow for an opportunity to appeal.

Missouri Rep. Kip Kendrick wants to see his seven-point ethics reform proposal introduced in the House.

The proposal bans gifts from lobbyists, amends the state’s revolving door policy for legislators seeking to become lobbyists, imposes term limits for statewide officeholders, prohibits the giving or solicitation of political contributions during a legislative session, prohibits someone no longer seeking office from maintaining a candidate committee, restricts the use of campaign funds, and broadens the Missouri Ethics Commission’s enforcement authority.

Each part of the proposal will be pre-filed as a separate bill. He is working to find seven House Democrats to pre-file the bills.

Julie Allen, the executive director of the Missouri Ethics Commission, will be leaving to work at the Secretary of State’s office as the director of elections and information technology.

For full news coverage, be sure to read:

“Missouri ethics chief headed to Kander’s office” by The Associated Press in Connectmidmissouri.com.

“Kander hires executive director of Missouri Ethics Commission to oversee state elections” by Jo Mannies in the St. Louis Beacon.

The state Supreme Court has struck down much of the 2010 ethics law passed by state lawmakers. Senate Bill 844 changed campaign finance laws, gave greater authority to the Missouri Ethics Commission, created new crimes for ethics violations, and required Capitol dome keys be given to all lawmakers.

The court said Tuesday the bill violated a requirement of the state Constitution that legislation not be amended to change its original purpose. The procurement portion will remain in effect because the Supreme Court concluded that was the original purpose of the legislation.

The decision upholds Circuit Judge Daniel Green’s ruling last spring.

This week the Missouri Supreme Court will hear arguments about whether lawmakers acted illegally in a legislative attempt to increase ethics requirements. The case appeals a ruling by Circuit Judge Daniel Green finding Senate Bill 844 to be a violation of the constitution’s single subject requirement.

What began as a one-page bill allowing officials to use the Office of Administration for procurement decisions became a 69-page bill entitled “relating to ethics.” The bill changed campaign finance laws, gave greater authority to the Missouri Ethics Commission, created new crimes for ethics violations, and required Capitol dome keys be given to all lawmakers.

Judge Green’s ruling struck down all but the original procurement provision. The Attorney General believes the bill can be saved by striking only the provision regarding Capitol dome keys. Those challenging the bill argue the entire bill is unconstitutional.

Photo of the Missouri Supreme Court building by Americasroof on Wikipedia.