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Ethics complaint filed against Missouri Promise initiative

EXCELSIOR SPRINGS, Mo. – A proposal which would raise tobacco taxes across the state to help students pay tuition at state universities has come under hot water this week.

Kit Smith, an entrepreneur from Excelsior Springs, filed a formal ethics complaint with the Missouri Ethics Commission against the Missouri Promise Initiative, a plan crafted by State Treasurer Clint Zweifel and Attorney General Chris Koster to better fund state higher education.

Many argue Missouri’s cigarette tax, the lowest in the nation, should be raised, others are skeptical of the tax increase’s expected revenues and how whatever funds are raised should be spent.

Now, that initiative is under even more scrutiny, due to Smith’s complaint. Smith argues that the initiative has already started campaign fundraising, even though they have yet to file an initial disclosure report with the MEC. The applicable language comes from Section 130.046.2 of state statute.

In the case of a ballot measure to be qualified to be on the ballot by initiative petition or referendum petition, or a recall petition seeking to remove an incumbent from office, disclosure reports relating to the time for filing such petitions shall be made as follows:

(1) . . . the treasurer of a committee, other than a continuing committee, supporting or opposing a petition effort to qualify a measure to appear on the ballot . . . shall file an initial disclosure report fifteen days after the committee begins the process of raising or spending money.

The Missouri Promise website has a designated page for donations while the MEC confirmed the Missouri Promise did not have anything on file with the commission.

“The Missouri Promise Initiative was then created as a Missouri not-for-profit corporation on August 14, 2015,” Smith said. “Later, Missouri Promise created a website on September 17, 2015. Clearly, a campaign is underway that has failed to disclose its existence within the fifteen days, as required by law. They even appear to be accepting donations online. When and where will those donations be reported?”

The plan was also endorsed in April by then-President of the MU system Tim Wolfe, who resigned Monday after controversy has surrounded the school since the start of classes this semester.

“With the controversies surrounding the University of Missouri, Planned Parenthood and racism allegations, I would think now is a tough time for other college and university leaders to hitch their wagons to the University of Missouri on an already unpopular issue, no matter what type of funding they receive to carry this out,” Smith said. “The complete lack of regard for the law that this campaign has shown so far seems troubling.”

One representative from Husch-Blackwell, the law and government relations firm handling the initiative, who did some early work on Missouri Promise acknowledged that he did not believe they had filed with the MEC yet. However, he also said he believed that MEC filing was a quarterly affair, but he noted he could not speak with confidence on such matters.

Lowell Pearson, a partner with the firm directly overseeing the Missouri Promise initiative, could not be reached for comment.