DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
152172P.pdf 07/29/2016 Missourians for Fiscal, etc. v. James Klahr
U.S. Court of Appeals Case No: 15-2172
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Benton, Author, with Loken and Arnold, Circuit Judges]
Civil case - Election law.In action seeking to declare unconstitutional
the provision of Missouri Revised Statute Section 130.011(8) which
requires campaign committees to be formed at least 30 days before the date
of an election, plaintiff had standing to challenge the provisions of the
statute because plaintiff's complaint alleged that it engaged in
self-censorship to comply with the provision and its decision to chill its
speech in light of the statute was objectively reasonable, given the fees
and penalties provided for in the statute; the case is not moot even
though the 2014 election has passed, as the defendants can, at any time,
assess fees for plaintiff's violation of the formation deadline
established by the statute; further the action was not moot under the
"capable of repetition yet evading review" exception to mootness; the
district court erred, however, in dismissing the complaint on the ground
the claims were not ripe as plaintiff's allegations that it had suffered
actual harm due to self-censorship dispenses with any ripeness concerns.
Judge Arnold, dissenting.