HB 1788: Relating to Campaign Finance
Sponsor: Jim Murphy
WATCH / MIXED
Concerns over overbroad restrictions on grassroots fundraising.
HB 1788 rewrites ยง130.031 and, while most of the section restates existing campaign-finance rules, it adds two notable changes: it prohibits "campaign committees" from soliciting automatically recurring donations and requires that all fundraising solicitations clearly disclose which specific committee will benefit from the solicitation.
What Does This Bill Do?
- Recurring Donation Ban: Prohibits "campaign committees" from soliciting donations via automatically recurring systems (EFT/Credit).
- Solicitation Transparency: Requires solicitations to conspicuously identify exactly which committee (candidate, party, etc.) will receive the funds.
- Recodification of Standards: Maintains existing limits on cash contributions ($100 cap) and "paid for by" disclaimer requirements.
Constitutional or Critical Context
While transparency in donor solicitation is a valid government interest, HB 1788's outright ban on recurring donations specifically for "campaign committees" raises significant First Amendment concerns. By restricting a primary method of small-dollar, grassroots fundraising, this bill may inadvertently entrench incumbent politicians who rely on large-donor networks while suppressing outsider movements and citizen-led challenges. Furthermore, the bill title is generic and fails to provide "fair notice" that a significant fundraising method is being criminalized.
Red Flags & Recommended Amendments
Overbroad Recurring Donation Ban
This removes a critical tool for grassroots challengers. A better approach would be to mandate clear "opt-in" requirements and easy cancellation steps rather than a total prohibition.
Selective Application / Loophole Risk
The ban currently only targets "campaign committees." This could allow other committee types to continue the practice, creating an unlevel playing field and encouraging activity to migrate to less-regulated structures.
Act for Missouri Recommendation:
We support the transparency goals regarding solicitation disclosures. However, we have serious concerns that the recurring-donation ban is an unnecessary, overly broad restriction that fails the "least-government option" test. We recommend amending the bill to focus on informed consent rather than a prohibition.