Kelley: Auditor Lawsuit Talking Points

1. August 26^th 2011 State Auditor Tom Schweich filed a lawsuit against Governor Nixon for violating the constitution with the withholding of over $170 million appropriated by the Legislature.
   
2. The Constitution allows the Governor to withhold money when revenues are below projections. In this case, the Governor announced his withholdings in June before the fiscal year had even started.
   
3. Withholding when revenues are up is a violation of the separation of powers set up in the Missouri Constitution. The Legislature has the power to appropriate money, not the Governor.
   
4. The Governor withheld money from the Republican controlled legislature and the Republican State Auditor’s office but left his own budget alone as well as all other Democrat statewide officials.
   
5. The withholds were made from appropriated funds for: Parents as Teachers, Bright Flight Scholarships, Medicaid, community colleges and state universities, veterinary student loans, the Missouri Film Office, community intervention programs, Area Agencies on Aging (funding partially restored), domestic violence grants (funding partially restored), children's treatment services, the judiciary, trade zone facilities, regional port authorities, math and science tutoring, the Scholars and Fine Arts Academy, the Missouri Lottery, the Missouri Department of Transportation, the Missouri Federal and State Technology Partnership Program (MOFAST), MOHELA Projects, the Missouri State Penitentiary (MSP) Remediation, marine maintenance facility, civil detention and legal fees, Alzheimer's grants, Access Missouri Scholarship, crisis care services (funding partially restored), the Missouri Research and Education Network (MOREnet), the Office of Child Advocate, Boonville Readiness Center, community development corporations, transportation, early grade literacy, industry training, local air pollution control, eating disorders staff & expenses, mediation and firefighter training.