Supreme Court of Missouri / Dec 24, 2019
David E. Roland, Respondent/Cross-Appellant, vs. St. Louis City Board of Election Commissioners, Jerry Hunter, Paul Maloney, Benjamin Phillips, Joseph Barbaglia, Marilyn Jobe, Leo G. Stoff, and Mary Wheeler-Jones, Appellants/Cross-Respondents.
David Roland requested absentee ballot applications and ballot envelopes from the St. Louis City Board of Election Commissioners under the Sunshine Law, which the board refused to produce. The circuit court found the board violated the Sunshine Law but taxed costs against Roland for his unsuccessful claim that the violation was knowing or purposeful. The Missouri Supreme Court affirmed that the applications and envelopes are open public records after certain timeframes, but reversed the award of costs to the election board, holding that the Sunshine Law only permits cost awards to parties successfully establishing a violation.