SHRINK MISSOURI GOVERNMENT PAC, a political action committee; Zev David Fredman, Plaintiffs-Appellants, v. Richard ADAMS, in his official capacity as a Member of the Missouri Ethics Commission; Patricia Flood, in her official capacity as a Member of the Missouri Ethics Commission; Robert Gardner, in his official capacity as a Member of the Missouri Ethics Commission; Ervin Harder, in his official capacity as a Member of the Missouri Ethics Commission; John Howald, in his official capacity as Chairman of the Missouri Ethics Commission; Elaine Spielbusch, in her official capacity as a Member of the Missouri Ethics Commission; Jeremiah W. Nixon, in his official capacity as Missouri Attorney General; Robert P. McCullough, in his official capacity as St. Louis County Prosecuting Attorney, Defendants-Appellees. Joan Bray, a Missouri State Representative; Common Cause, a non-profit, non-partisan membership corporation organized under the laws of the District of Columbia, Movants.
No. 98-2351.
United States Court of Appeals, Eighth Circuit.
July 23, 1998.
151 F.3d 763
ORDER
1 On May 12, 1998, the District Court1 upheld Missouri‘s $275, $525, and $1,075 limits on campaign contributions. See Shrink Mo. Gov‘t PAC v. Adams, 5 F.Supp.2d 734 (E.D.Mo.1998) (upholding provisions of
2 To be entitled to an injunction pending appeal, appellants must meet the requirements outlined in Dataphase Systems, Inc. v. C L Systems, Inc., 640 F.2d 109 (8th Cir.1981). Under Dataphase, they must show (1) the likelihood of success on the merits; (2) the likelihood of irreparable injury to appellants absent an injunction; (3) the absence of any substantial harm to other interested parties if an injunction is granted; and (4) the absence of any harm to the public interest if an injunction is granted. 640 F.2d at 114; see also Hilton v. Braunskill, 481 U.S. 770, 771, 107 S.Ct. 2113, 95 L.Ed.2d 724 (1987); Fargo Women‘s Health Org. v. Schafer, No. 93-1579, 1993 WL 603600 (8th Cir. Mar. 30, 1993), reprinted in Fargo Women‘s Health Org. v. Schafer, 18 F.3d 526, 538 (8th Cir.1994) (appendix). Having considered the briefing supplied by appellants in support of their motion and by the state appellees in opposition thereto, we conclude that all four factors support the entry of an order enjoining appellees from enforcing the challenged campaign contribution limits pending a final determination by this Court.2
4 The other three Dataphase factors also support an injunction pending appeal. Without an injunction pending our final decision, SMG and Fredman likely will suffer immediate and irreparable harm to their First Amendment rights because the primary election for which Fredman is a candidate will be held on August 4, 1998. SMG has contributed $1,075, the maximum sum permitted under the challenged Missouri statutes, to the “Fredman for Auditor” committee, and any additional contribution would run afoul of the criminal and civil sanctions imposed by those statutes. Fredman has accepted SMG‘s $1,075 contribution. He would accept additional contributions in excess of this amount but for the sanctions imposed for violations of the challenged Missouri statutes. The contribution limits thus work to restrict SMG in the promotion of its political viewpoints and in its expression of support for candidates who share its political goals. Likewise, the limits work to restrict Fredman from garnering the sums necessary to promote his campaign for state auditor and to deliver his political message.
5 Concerning the question of substantial harm to other interested parties if an injunction is granted, we are unable to discern any such harm. An order enjoining enforcement of the challenged Missouri campaign contribution limits merely restores the situation that existed before 1994 when the state did not limit campaign contributions. Finally, we believe the public interest in free political speech weighs heavily in favor of enjoining the challenged contribution limits pending this Court‘s final determination on the merits.
6 For the reasons stated, the motion for an injunction pending appeal is granted. Appellees are enjoined from enforcing the challenged campaign contribution limits pending a final decision by this Court on the merits of the case.