State ex rel. Board of Police Commissioners of the St. Louis Metropolitan Police Department v. Vardeman
State ex rel. Board of Police Commissioners of the St. Louis Metropolitan Police Department v. Vardeman
Opinion of the Court
Prohibition: In the general election of November, 1974, the people of Missouri by initiative adopted the Missouri Campaign Finance and Disclosure Act [§§ 130.010 et seq., RSMo Supp. 1975] to be effective January 1,1975. Thereafter three members of the Socialist Workers Party of Missouri brought an action in the circuit court of Jackson County against the Missouri Elections Commission and other defendants
The underlying issue in Mutnick is the constitutionality vel non of portions of the Missouri Campaign Finance and Disclosure Act. In this regard, by our recent opinion in Labor’s Educational and Political Club— Independent et al. v. Danforth, Missouri Elections Commission et al., 561 S.W.2d 339 (Mo. banc 1978), the Act in its entirety [Chapter 130, RSMo 1975] was declared constitutionally infirm and void. That decision resolved the underlying issue in Mutnick and a further determination of such statutory invalidity would serve no purpose. Mutnick has been rendered moot and is subject to dismissal by the circuit court. Further discovery proceedings or disclosures by relators in that action are not required. The provisional rule in prohibition issued by the court of appeals and taken by us prior to opinion is made absolute to the extent that respondent is prohibited from further action or orders directing or permitting discovery in said cause. The requirement of the rule prohibiting any further action in that case is modified and the circuit court may dismiss the underlying action as moot.
. The style of that action is: Barbara Mutnick, et al. v. Missouri Elections Commission, et al., No. CV75-1278, in the Circuit Court of Jackson County. For convenience it shall be hereinafter referenced as Mutnick.
Reference
- Full Case Name
- STATE ex rel. the BOARD OF POLICE COMMISSIONERS OF the ST. LOUIS METROPOLITAN POLICE DEPARTMENT and Earl T. Halveland and Daniel P. Duffy, Relators v. The Honorable Paul E. VARDEMAN, Judge of Division Three, Circuit Court, Jackson County, Missouri
- Status
- Published