Modifies provisions for initiative petitions

SECOND REGULAR SESSION
HOUSE BILL NO. 1750
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MILLER.
5042H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 105.470, 1 16.040, 1 16.050, 1 16.080, 1 16.090, 1 16.332, 1 16.334, and
130.01 1, RSMo, and to enact in lieu thereof ten new sections relating to the initiative
petition process, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 105.470, 1 16.040, 1 16.050, 1 16.080, 1 16.090, 1 16.332, 1 16.334,
2 and 130.01 1, RSMo, are repealed and ten new sections enacted in lieu thereof, to be known as
3 sections 105.470, 1 16.040, 1 16.050, 1 16.080, 1 16.090, 1 16.332, 1 16.333, 1 16.334, 1 16.410,
4 and 130.01 1, to read as follows:
105.470. As used in section 105.473, unless the context requires otherwise, the
2 following words and terms mean:
3 (1) "Elected local government official lobbyist", any natural person employed
4 specifically for the purpose of attempting to influence any action by a local government
5 of ficial elected in a county , city , town, or village with an annual operating budget of over ten
6 million dollars;
7 (2) "Executive lobbyist", any natural person who acts for the purpose of attempting to
8 influence any action by the executive branch of government or by any elected or appointed
9 of ficial, employee, department, division, agency or board or commission thereof and in
10 connection with such activity , meets the requirements of any one or more of the following:
11 (a) Is acting in the ordinary course of employment on behalf of or for the benefit of
12 such person's employer; or
13 (b) Is engaged for pay or for any valuable consideration for the purpose of performing
14 such activity; or
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
15 (c) Is designated to act as a lobbyist by any person, business entity , governmental
16 entity , religious or ganization, nonprofit corporation, association or other entity; or
17 (d) Makes total expenditures of fifty dollars or more during the twelve-month period
18 beginning January first and ending December thirty-first for the benefit of one or more public
19 of ficials or one or more employees of the executive branch of state government in connection
20 with such activity .
21
22 An "executive lobbyist" shall not include a member of the general assembly , an elected state
23 of ficial, or any other person solely due to such person's participation in any of the following
24 activities:
25 a. Appearing or inquiring in regard to a complaint, citation, summons, adversary
26 proceeding, or contested case before a state board, commission, department, division or
27 agency of the executive branch of government or any elected or appointed of ficer or
28 employee thereof;
29 b. Preparing, filing or inquiring, or responding to any audit, regarding any tax return,
30 any public document, permit or contract, any application for any permit or license or
31 certificate, or any document required or requested to be filed with the state or a political
32 subdivision;
33 c. Selling of goods or services to be paid for by public funds, provided that such
34 person is attempting to influence only the person authorized to authorize or enter into a
35 contract to purchase the goods or services being of fered for sale;
36 d. Participating in public hearings or public proceedings on rules, grants, or other
37 matters;
38 e. Responding to any request for information made by any public official or employee
39 of the executive branch of government;
40 f. Preparing or publication of an editorial, a newsletter , newspaper , magazine, radio or
41 television broadcast, or similar news medium, whether print or electronic;
42 g. Acting within the scope of employment by the general assembly , or acting within
43 the scope of employment by the executive branch of government when acting with respect to
44 the department, division, board, commission, agency or elected state of ficer by which such
45 person is employed, or with respect to any duty or authority imposed by law to perform any
46 action in conjunction with any other public of ficial or state employee; or
47 h. T estifying as a witness before a state board, commission or agency of the executive
48 branch;
49 (3) "Expenditure", any payment made or char ge, expense, cost, debt or bill incurred;
50 any gift, honorarium or item of value bestowed including any food or beverage; any price,
51 char ge or fee which is waived, forgive n, reduced or indefinitely delayed; any loan or debt
HB 1750 2
52 which is cancelled, reduced or otherwise forgive n; the transfer of any item with a reasonably
53 discernible cost or fair market value from one person to another or provision of any service or
54 granting of any opportunity for which a char ge is customarily made, without char ge or for a
55 reduced char ge; except that the term "expenditure" shall not include the following:
56 (a) Any item, service or thing of value transferred to any person within the third
57 degree of consanguinity of the transferor which is unrelated to any activity of the transferor as
58 a lobbyist;
59 (b) Informational material such as books, reports, pamphlets, calendars or periodicals
60 informing a public of ficial regarding such person's of ficial duties, or souvenirs or mementos
61 valued at less than ten dollars;
62 (c) Contributions to the public of ficial's campaign committee or candidate committee
63 which are reported pursuant to the provisions of chapter 130;
64 (d) Any loan made or other credit accommodations granted or other payments made
65 by any person or entity which extends credit or makes loan accommodations or such
66 payments in the regular ordinary scope and course of business, provided that such are
67 extended, made or granted in the ordinary course of such person's or entity's business to
68 persons who are not public of ficials;
69 (e) Any item, service or thing of de minimis value of fered to the general public,
70 whether or not the recipient is a public of ficial or a staff member , employee, spouse or
71 dependent child of a public of ficial, and only if the grant of the item, service or thing of de
72 minimis value is not motivated in any way by the recipient's status as a public of ficial or staff
73 member , employee, spouse or dependent child of a public of ficial;
74 (f) The transfer of any item, provision of any service or granting of any opportunity
75 with a reasonably discernible cost or fair market value when such item, service or opportunity
76 is necessary for a public of ficial or employee to perform his or her duty in his or her of ficial
77 capacity , including but not limited to entrance fees to any sporting event, museum, or other
78 venue when the of ficial or employee is participating in a ceremony , public presentation or
79 of ficial meeting therein;
80 (g) Any payment, gift, compensation, fee, expenditure or anything of value which is
81 bestowed upon or given to any public of ficial or a staf f member , employee, spouse or
82 dependent child of a public of ficial when it is compensation for employment or given as an
83 employment benefit and when such employment is in addition to their employment as a
84 public of ficial;
85 (4) "Judicial lobbyist", any natural person who acts for the purpose of attempting to
86 influence any purchasing decision by the judicial branch of government or by any elected or
87 appointed of ficial or any employee thereof and in connection with such activity , meets the
88 requirements of any one or more of the following:
HB 1750 3
89 (a) Is acting in the ordinary course of employment which primary purpose is to
90 influence the judiciary in its purchasing decisions on a regular basis on behalf of or for the
91 benefit of such person's employer , except that this shall not apply to any person who engages
92 in lobbying on an occasional basis only and not as a regular pattern of conduct; or
93 (b) Is engaged for pay or for any valuable consideration for the purpose of performing
94 such activity; or
95 (c) Is designated to act as a lobbyist by any person, business entity , governmental
96 entity , religious or ganization, nonprofit corporation or association; or
97 (d) Makes total expenditures of fifty dollars or more during the twelve-month period
98 beginning January first and ending December thirty-first for the benefit of one or more public
99 of ficials or one or more employees of the judicial branch of state government in connection
100 with attempting to influence such purchasing decisions by the judiciary .
101
102 A "judicial lobbyist" shall not include a member of the general assembly , an elected state
103 of ficial, or any other person solely due to such person's participation in any of the following
104 activities:
105 a. Appearing or inquiring in regard to a complaint, citation, summons, adversary
106 proceeding, or contested case before a state court;
107 b. Participating in public hearings or public proceedings on rules, grants, or other
108 matters;
109 c. Responding to any request for information made by any judge or employee of the
110 judicial branch of government;
111 d. Preparing, distributing or publication of an editorial, a newsletter , newspaper ,
112 magazine, radio or television broadcast, or similar news medium, whether print or electronic;
113 or
114 e. Acting within the scope of employment by the general assembly , or acting within
115 the scope of employment by the executive branch of government when acting with respect to
116 the department, division, board, commission, agency or elected state of ficer by which such
117 person is employed, or with respect to any duty or authority imposed by law to perform any
118 action in conjunction with any other public of ficial or state employee;
119 (5) "Legislative lobbyist", any natural person who acts for the purpose of attempting
120 to influence the taking, passage, amendment, delay or defeat of any of ficial action on any bill,
121 resolution, amendment, nomination, appointment, report or any other action or any other
122 matter pending or proposed in a legislative committee in either house of the general assembly ,
123 or in any matter which may be the subject of action by the general assembly and in
124 connection with such activity , meets the requirements of any one or more of the following:
HB 1750 4
125 (a) Is acting in the ordinary course of employment, which primary purpose is to
126 influence legislation on a regular basis, on behalf of or for the benefit of such person's
127 employer , except that this shall not apply to any person who engages in lobbying on an
128 occasional basis only and not as a regular pattern of conduct; or
129 (b) Is engaged for pay or for any valuable consideration for the purpose of performing
130 such activity; or
131 (c) Is designated to act as a lobbyist by any person, business entity , governmental
132 entity , religious or ganization, nonprofit corporation, association or other entity; or
133 (d) Makes total expenditures of fifty dollars or more during the twelve-month period
134 beginning January first and ending December thirty-first for the benefit of one or more public
135 of ficials or one or more employees of the legislative branch of state government in connection
136 with such activity .
137
138 A "legislative lobbyist" shall include an attorney at law engaged in activities on behalf of any
139 person unless excluded by any of the following exceptions. A "legislative lobbyist" shall not
140 include any legislative liaison. For purposes of this subdivision, "legislative liaison" means
141 any state employee hired to communicate with members of the general assembly on behalf of
142 any elected of ficial of the state; the judicial branch of state government; or any department,
143 agency , board, or commission of the state, provided such entity is a part of the executive
144 branch of state government. Any state employee employed as a legislative liaison who
145 performs lobbying services for any other entity shall register as a lobbyist with respect to such
146 lobbying services. A "legislative lobbyist" shall also not include any member of the general
147 assembly , an elected state of ficial, or any other person solely due to such person's
148 participation in any of the following activities:
149 a. Responding to any request for information made by any public official or employee
150 of the legislative branch of government;
151 b. Preparing or publication of an editorial, a newsletter , newspaper , magazine, radio
152 or television broadcast, or similar news medium, whether print or electronic;
153 c. Acting within the scope of employment of the legislative branch of government
154 when acting with respect to the general assembly or any member thereof;
155 d. T estifying as a witness before the general assembly or any committee thereof;
156 (6) "Lobbyist", any natural person defined as an executive lobbyist, judicial lobbyist,
157 elected local government official lobbyist, or a legislative lobbyist . "Lobbyist" shall also
158 include any individual who files an initiative or ref eren dum petition with the secr etary
159 of state and any circul ator who is paid to collect signatures for an initiative or
160 r efer endum petition ;
HB 1750 5
161 (7) "Lobbyist principal", any person, business entity , governmental entity , religious
162 or ganization, nonprofit corporation or association who employs, contracts for pay or
163 otherwise compensates a lobbyist;
164 (8) "Public of ficial", any member or member-elect of the general assembly , judge or
165 judicial of ficer , or any other person holding an elective of fice of state government or any
166 agency head, department director or division director of state government or any member of
167 any state board or commission and any designated decision-making public servant designated
168 by persons described in this subdivision.
1 16.040. The following shall be substantially the form of each page of each petition
2 for any law or amendment to the Constitution of the state of Missouri proposed by the
3 initiative:
4 County ______
5 Page No. ______
6 It is a class A misdemeanor punishable, notwithstanding the provisions
7 of section [ 560.021 ] 558.002 , RSMo, to the contrary , for a term of
8 imprisonment not to exceed one year in the county jail or a fine not to
9 exceed ten thousand dollars or both, for anyone to sign any initiative
10 petition with any name other than his or her own, or knowingly to sign
11 his or her name more than once for the same measure for the same
12 election, or to sign a petition when such person knows he or she is not a
13 registered voter .
14 INITIA TIVE PETITION
15 T o the Honorable ______, Secretary of State for the state of Missouri:
16 W e, the undersigned, registered voters of the state of Missouri and ___
17 ___ County (or City of St. Louis), respectfully order that the following
18 proposed law (or amendment to the constitution) shall be submitted to
19 the voters of the state of Missouri, for their approval or rejection, at the
20 general election to be held on the ______ day of ______, ______, and
21 each for himself or herself says: I have personally signed this petition; I
22 am a registered voter of the state of Missouri and ______ County (or
23 City of St. Louis); my registered voting address and the name of the
24 city , town or village in which I live are correctly written after my name.
25 (Off icial Ballot title) ______
26 CIRCULA T OR'S AFFIDA VIT
27 State Of Missouri,
28 County Of ______
29 I, ______, being first duly sworn, say (print or type names of signers)
HB 1750 6
NAME
DA TE
SIGNED
30 REGISTERED
31 VOTING
32 ADDRESS
ZIP
CODE
CONGR.
DIST . NAME
33 (Signature) (Street) (City , (Printed or
34 T own or
35 V illage) T yped)
36 (Here follow numbered lines for signers)
37 signed this page of the foregoing petition, and each of them signed his
38 or her name thereto in my presence; I believe that each has stated his or
39 her name, registered voting address and city , town or village correctly ,
40 and that each signer is a registered voter of the state of Missouri and __
41 ____ County .
42 FUR THERMORE, I HEREBY SWEAR OR AFFIRM UNDER
43 PENAL TY OF PERJUR Y THA T ALL ST A TEMENTS MADE BY ME
44 ARE TRUE AND CORRECT AND THA T I HA VE NEVER BEEN
45 CONVICTED OF , FOUND GUIL TY OF , OR PLED GUIL TY T O
46 ANY OFFENSE INVOL VING FORGER Y .
47 I am at least 18 years of age. I do ______ do not ______ (check one)
48 expect to be paid for circulating this petition. If paid, list the payer ___
49 ___
50 _______________
51 Signature of Affiant
52 (Person obtaining signatures)
53 _______________
54 (Printed Name of Af fiant)
55 _______________
56 Address of Af fiant
57 Subscribed and sworn to before me this ______ day of ______, A.D. _
58 _____
59 _______________
60 Signature of Notary
61 Address of Notary
62 Notary Public (Seal)
63 My commission expires ______
64
HB 1750 7
65 If this form is followed substantially and the requirements of section 1 16.050 and section
66 1 16.080 are met, it shall be suf ficient, disregarding clerical and merely technical errors.
1 16.050. 1. Initiative and referendum petitions filed under the provisions of this
2 chapter shall consist of pages of a uniform size. Each page, excluding the text of the measure,
3 shall be no lar ger than eight and one-half by fourteen inches. Each page of an initiative
4 petition shall be attached to or shall contain a full and correct text of the proposed measure.
5 Each page of a referendum petition shall be attached to or shall contain a full and correct text
6 of the measure on which the referendum is sought. Each page shall also advise petitioners
7 of the crime of petition signature fraud and the penalties associated with such crime, as
8 pr ovided in section 1 16.090.
9 2. The full and correct text of all initiative and referendum petition measures shall:
10 (1) Contain all matter which is to be deleted included in its proper place enclosed in
11 brackets and all new matter shown underlined;
12 (2) Include all sections of existing law or of the constitution which would be repealed
13 by the measure; and
14 (3) Otherwise conform to the provisions of Article III, Section 28 and Article III,
15 Section 50 of the Constitution and those of this chapter .
1 16.080. 1. Each petition circulator shall be at least eighteen years of age and
2 registered with the secretary of state. Paid circu lators shall be res idents of the state of
3 Missouri for mor e than one hundred eighty days befor e the petition is filed with the
4 secr etary of state. Signatures collected by any circulator who has not registered with the
5 secretary of state pursuant to this chapter on or before 5:00 p.m. on the final day for filing
6 petitions with the secretary of state shall not be counted. A petition circulator shall be
7 deemed registered at the time such circulator delivers a signed circulator's affidavi t pursuant
8 to section 1 16.030, with respect to a referendum petition, or section 1 16.040, with respect to
9 an initiative petition, to the of fice of the secretary of state. No person shall qualify as a
10 petition circulator who has been convicted of, found guilty of, or pled guilty to an of fense
11 involving forger y under the laws of this state or an of fense under the laws of any other
12 jurisdiction if that of fense would be considered for gery under the laws of this state.
13 2. Each petition circulator shall subscribe and swear to the proper af fidavit on each
14 petition page such circulator submits before a notary public commissioned in Missouri.
15 When notarizing a circulator's signature, a notary public shall sign his or her official signature
16 and affix his or her of ficial seal to the af fidavit only if the circulator personally appears before
17 the notary and subscribes and swears to the affidavi t in his or her presence.
18 3. Any circulator who falsely swears to a circulator's affidavi t knowing it to be false is
19 guilty of a class A misdemeanor punishable, notwithstanding the provisions of section
HB 1750 8
20 [ 560.021 ] 558.002 to the contrary , for a term of imprisonment not to exceed one year in the
21 county jail or a fine not to exceed ten thousand dollars or both.
1 16.090. 1. Any person who commits any of the following actions is guilty of the
2 crime of petition signature fraud:
3 (1) Signs any name other than his or her own to any petition, or who knowingly signs
4 his or her name more than once for the same measure for the same election, or who knows he
5 or she is not at the time of signing or circulating the same a Missouri registered voter and a
6 resident of this state; or
7 (2) Intentionally submits petition signature sheets with the knowledge that the person
8 whose name appears on the signature sheet did not actually sign the petition; or
9 (3) Causes a voter to sign a petition other than the one the voter intended to sign; or
10 (4) For ges or falsifies signatures; or
11 (5) Knowingly accepts or of fers money or anything of value to another person in
12 exchange for a signature on a petition.
13 2. Any person who knowingly causes a petition circulator's signatures to be submitted
14 for counting, and who either knows that such circulator has violated subsection 1 of this
15 section or , after receiving notice of facts indicating that such person may have violated
16 subsection 1 of this section, causes the signatures to be submitted with reckless indif ference
17 as to whether such circulator has complied with subsection 1 of this section, shall also be
18 deemed to have committed the crime of petition signature fraud.
19 3. A person who violates subsection 1 or 2 of this section, shall, upon conviction
20 thereof, be guilty of a class A misdemeanor punishable, notwithstanding the provisions of
21 section [ 560.021 ] 558.002 to the contrary , by a term of imprisonment not to exceed one year
22 in the county jail or a fine not to exceed ten thousand dollars or both. Any second or
23 subsequent conviction of petition signature fraud shall be a class D felony punishable by
24 a fine not to exceed ten thousand dollars or both.
25 4. Any person employed by or serving as an election authority , that has reasonable
26 cause to suspect a person has committed petition signature fraud, shall immediately report or
27 cause a report to be made to the appropriate prosecuting authorities. Failure to so report or
28 cause a report to be made shall be a class A misdemeanor .
29 5. The secr etary of state shall forward the name of any person who fraudulently
30 signs an initiative petition to the attorney general. The attorney general shall have
31 concurr ent authority with the appr opriate prosecuting attorney to file charges against
32 such person.
1 16.332. 1. Before a constitutional amendment petition, a statutory initiative petition,
2 or a referendum petition may be circulated for signatures, a sample sheet must be submitted to
3 the secretary of state in the form in which it will be circulated. When a person submits a
HB 1750 9
4 sample sheet of a petition he or she shall designate to the secretary of state the name and
5 address of the person to whom any notices shall be sent pursuant to sections 1 16.140 and
6 1 16.180 and, if a committee or person, except the individual submitting the sample sheet, is
7 funding any portion of the drafting or submitting of the sample sheet, the person submitting
8 the sample sheet shall submit a copy of the filed statement of committee or ganization required
9 under subsection 5 of section 130.021 showing the date the statement was filed. The
10 secretary of state shall refer a copy of the petition sheet to the attorney general for his
11 approval and to the state auditor for purposes of preparing a fiscal note and fiscal note
12 summary . The secretary of state and attorney general must each review the petition for
13 suf ficiency as to form and approve or reject the form of the petition, stating the reasons for
14 rejection, if any .
15 2. W ithin two business days of receipt of any such sample sheet, the of fice of the
16 secretary of state shall conspicuously post on its website the text of the proposed measure, a
17 disclaimer stating that such text may not constitute the full and correct text as required under
18 section 1 16.050, and the name of the person or or ganization submitting the sample sheet. The
19 secretary of state's failure to comply with such posting shall be considered a violation of
20 chapter 610 and subject to the penalties provided under subsection 3 of section 610.027. The
21 posting shall be removed within three days of either the withdrawal of the petition under
22 section 1 16.1 15 or the rejection for any reason of the petition.
23 3. Upon receipt of a petition from the of fice of the secretary of state, the attorney
24 general shall examine the petition as to form. If the petition is rejected as to form, the
25 attorney general shall forward his or her comments to the secretary of state within ten days
26 after receipt of the petition by the attorney general. If the petition is approved as to form, the
27 attorney general shall forward his or her approval as to form to the secretary of state within
28 ten days after receipt of the petition by the attorney general.
29 4. The secretary of state shall review the comments and statements of the attorney
30 general as to form and make a final decision as to the approval or rejection of the form of the
31 petition. The secretary of state shall send written notice to the person who submitted the
32 petition sheet of the approval within fifteen days after submission of the petition sheet. Any
33 petition that is appr oved shall recei ve an identification number fro m the secr etary of
34 state and such number shall appear on each signature page. The secretary of state shall
35 send written notice if the petition has been rejected, together with reasons for rejection, within
36 fifteen days after submission of the petition sheet.
1 16.333. 1. No person shall be eligible to file any petition under this chapter
2 unless such person:
3 (1) Is a citizen of the United States of America;
4 (2) Is a res ident of the state of Missouri; and
HB 1750 10
5 (3) Has been a regi stered voter in the state of Missouri for at least one year prior
6 to the date of the filing of the petition.
7 2. No person shall file mor e than one petition that pro poses a constitutional
8 amendment for each general election cycle. This limit shall apply only to petitions
9 appr oved for cir culation. If a petition is r ejected as to form under section 1 16.332, the
10 person shall have the opportunity to corr ect and ref ile such petition.
11 3. Ther e shall be a ten-thousand-dollar filing fee for statutory initiative and
12 r efer endum petitions if:
13 (1) It is the second or subsequent such petition the person has filed for the
14 curr ent general election cycle; or
15 (2) The person is r eceiving compensation to file such petition.
1 16.334. 1. If the petition form is approved, the secretary of state shall make a copy
2 of the sample petition available on the secretary of state's website. For a period of fifteen
3 days after the petition is approved as to form, the secretary of state shall accept public
4 comments regarding the proposed measure and provide copies of such comments upon
5 request. W ithin twenty-three days of receipt of such approval, the secretary of state shall
6 prepare and transmit to the attorney general a summary statement of the measure which shall
7 be a concise statement not exceeding one hundred words. This statement shall be in the form
8 of a question using language neither intentionally ar gumentative nor likely to create prejudice
9 either for or against the proposed measure. The attorney general shall within ten days
10 approve the legal content and form of the proposed statement.
11 2. Signatures obtained prior to the date the of ficial ballot title is certified by the
12 secretary of state shall not be counted. If a court orders a change that substantially alters
13 the content of the official ballot title under subsection 4 of section 1 16.190, all signatures
14 gather ed before such change occurr ed shall be invalidated, reg ardless of whether those
15 signatur es wer e gather ed on petition pages that displayed what was pr eviously the
16 official ballot title as certified by the secr etary of state. Once the secretary of state certifies
17 the of ficial ballot title, signatures may be collected, even if the ballot title is subject to an
18 action in court challenging the suff iciency and fairness of the ballot title. If a court orders a
19 change that alters the content of the of ficial ballot title, then all signatures gathered before
20 such change occurred shall not be invalidated based upon the fact that one or more signatures
21 were gathered prior to the alteration of the of ficial ballot title, regardless of whether those
22 signatures were gathered on petition pages that displayed what was previously the of ficial
23 ballot title as certified by the secretary of state. Nothing in this subsection shall prohibit the
24 invalidation of a signature for a reason otherwise allowed by this chapter .
25 3. Signatures for statutory initiative petitions shall be filed not later than six months
26 prior to the general election during which the petition's ballot measure is submitted for a vote,
HB 1750 1 1
27 and shall also be collected not earlier than the day after the day upon which the previous
28 general election was held.
1 16.410. An entity that funds a petition filed under this chapter shall be liable for
2 any cause of action that arises out of the actions of an individual being paid to file the
3 petition, collect signatures , or otherwise work in support of such petition.
130.01 1. As used in this chapter , unless the context clearly indicates otherwise, the
2 following terms mean:
3 (1) "Appropriate of ficer" or "appropriate of ficers", the person or persons designated
4 in section 130.026 to receive certain required statements and reports;
5 (2) "Ballot measure" or "measure", any proposal submitted or intended to be
6 submitted to qualified voters for their approval or rejection, including any proposal submitted
7 by initiative petition, referendum petition, or by the general assembly or any local
8 governmental body having authority to refer proposals to the voter;
9 (3) "Candidate", an individual who seeks nomination or election to public of fice. The
10 term candidate includes an elected of ficeholder who is the subject of a recall election, an
11 individual who seeks nomination by the individual's political party for election to public
12 of fice, an individual standing for retention in an election to an of fice to which the individual
13 was previously appointed, an individual who seeks nomination or election whether or not the
14 specific elective public of fice to be sought has been finally determined by such individual at
15 the time the individual meets the conditions described in paragraph (a) or (b) of this
16 subdivision, and an individual who is a write-in candidate as defined in subdivision (29) of
17 this section. A candidate shall be deemed to seek nomination or election when the person
18 first:
19 (a) Receives contributions or makes expenditures or reserves space or facilities with
20 intent to promote the person's candidacy for office; or
21 (b) Knows or has reason to know that contributions are being received or
22 expenditures are being made or space or facilities are being reserved with the intent to
23 promote the person's candidacy for of fice; except that, such individual shall not be deemed a
24 candidate if the person files a statement with the appropriate of ficer within five days after
25 learning of the receipt of contributions, the making of expenditures, or the reservation of
26 space or facilities disavowing the candidacy and stating that the person will not accept
27 nomination or take of fice if elected; provided that, if the election at which such individual is
28 supported as a candidate is to take place within five days after the person's learning of the
29 above-specified activities, the individual shall file the statement disavowing the candidacy
30 within one day; or
31 (c) Announces or files a declaration of candidacy for of fice;
HB 1750 12
32 (4) "Cash", currency , coin, United States postage stamps, or any negotiable
33 instrument which can be transferred from one person to another person without the signature
34 or endorsement of the transferor;
35 (5) "Check", a check drawn on a state or federal bank, or a draft on a negotiable order
36 of withdrawal account in a savings and loan association or a share draft account in a credit
37 union;
38 (6) "Closing date", the date through which a statement or report is required to be
39 complete;
40 (7) "Committee", a person or any combination of persons, who accepts contributions
41 or makes expenditures for the primary or incidental purpose of influencing or attempting to
42 influence the action of voters for or against the nomination or election to public of fice of one
43 or more candidates or the qualification, passage or defeat of any ballot measure or for the
44 purpose of paying a previously incurred campaign debt or obligation of a candidate or the
45 debts or obligations of a committee or for the purpose of contributing funds to another
46 committee:
47 (a) Committee, does not include:
48 a. A person or combination of persons, if neither the aggregate of expenditures made
49 nor the aggregate of contributions received during a calendar year exceeds five hundred
50 dollars and if no single contributor has contributed more than two hundred fifty dollars of
51 such aggregate contributions;
52 b. An individual, other than a candidate, who accepts no contributions and who deals
53 only with the individual's own funds or property;
54 c. A corporation, cooperative association, partnership, proprietorship, or joint venture
55 or ganized or operated for a primary or principal purpose other than that of influencing or
56 attempting to influence the action of voters for or against the nomination or election to public
57 of fice of one or more candidates or the qualification, passage or defeat of any ballot measure,
58 and it accepts no contributions, and all expenditures it makes are from its own funds or
59 property obtained in the usual course of business or in any commercial or other transaction
60 and which are not contributions as defined by subdivision (12) of this section;
61 d. A labor or ganization org anized or operated for a primary or principal purpose other
62 than that of influencing or attempting to influence the action of voters for or against the
63 nomination or election to public of fice of one or more candidates, or the qualification,
64 passage, or defeat of any ballot measure, and it accepts no contributions, and expenditures
65 made by the or ganization are from its own funds or property received from membership dues
66 or membership fees which were given or solicited for the purpose of supporting the normal
67 and usual activities and functions of the or ganization and which are not contributions as
68 defined by subdivision (12) of this section;
HB 1750 13
69 e. A person who acts as an authorized agent for a committee in soliciting or receiving
70 contributions or in making expenditures or incurring indebtedness on behalf of the committee
71 if such person renders to the committee treasurer or deputy treasurer or candidate, if
72 applicable, an accurate account of each receipt or other transaction in the detail required by
73 the treasurer to comply with all record-keeping and reporting requirements of this chapter;
74 f. Any department, agency , board, institution or other entity of the state or any of its
75 subdivisions or any of ficer or employee thereof, acting in the person's of ficial capacity;
76 (b) The term committee includes, but is not limited to, each of the following
77 committees: campaign committee, candidate committee, continuing committee and political
78 party committee;
79 (8) "Campaign committee", a committee, other than a candidate committee, which
80 shall be formed by an individual or group of individuals to receive contributions or make
81 expenditures and whose sole purpose is to support or oppose the qualification and passage of
82 one or more particular ballot measures in an election or the retention of judges under the
83 nonpartisan court plan, such committee shall be formed no later than thirty days prior to the
84 election for which the committee receives contributions or makes expenditures, and which
85 shall terminate the later of either thirty days after the general election or upon the satisfaction
86 of all committee debt after the general election, except that no committee retiring debt shall
87 engage in any other activities in support of a measure for which the committee was formed .
88 Any entity that pays individuals to file initiative petitions and ref erend ums or
89 cir culators to collect signatur es for initiatives petitions and r efer endums shall be
90 r equir ed to regist er as a campaign committee with the Missouri ethics commission ;
91 (9) "Candidate committee", a committee which shall be formed by a candidate to
92 receive contributions or make expenditures in behalf of the person's candidacy and which
93 shall continue in existence for use by an elected candidate or which shall terminate the later of
94 either thirty days after the general election for a candidate who was not elected or upon the
95 satisfaction of all committee debt after the election, except that no committee retiring debt
96 shall engage in any other activities in support of the candidate for which the committee was
97 formed. Any candidate for elective of fice shall have only one candidate committee for the
98 elective of fice sought, which is controlled directly by the candidate for the purpose of making
99 expenditures. A candidate committee is presumed to be under the control and direction of the
100 candidate unless the candidate files an af fidavit with the appropriate of ficer stating that the
101 committee is acting without control or direction on the candidate's part;
102 (10) "Continuing committee", a committee of continuing existence which is not
103 formed, controlled or directed by a candidate, and is a committee other than a candidate
104 committee or campaign committee, whose primary or incidental purpose is to receive
105 contributions or make expenditures to influence or attempt to influence the action of voters
HB 1750 14
106 whether or not a particular candidate or candidates or a particular ballot measure or measures
107 to be supported or opposed has been determined at the time the committee is required to file
108 any statement or report pursuant to the provisions of this chapter . Continuing committee
109 includes, but is not limited to, any committee or ganized or sponsored by a business entity , a
110 labor or ganization, a professional association, a trade or business association, a club or other
111 or ganization and whose primary purpose is to solicit, accept and use contributions from the
112 members, employees or stockholders of such entity and any individual or group of individuals
113 who accept and use contributions to influence or attempt to influence the action of voters.
114 Such committee shall be formed no later than sixty days prior to the election for which the
115 committee receives contributions or makes expenditures;
116 (1 1) "Connected org anization", any or ganization such as a corporation, a labor
117 or ganization, a membership or ganization, a cooperative, or trade or professional association
118 which expends funds or provides services or facilities to establish, administer or maintain a
119 committee or to solicit contributions to a committee from its members, of ficers, directors,
120 employees or security holders. An or ganization shall be deemed to be the connected
121 or ganization if more than fifty percent of the persons making contributions to the committee
122 during the current calendar year are members, of ficers, directors, employees or security
123 holders of such or ganization or their spouses;
124 (12) "Contribution", a payment, gift, loan, advance, deposit, or donation of money or
125 anything of value for the purpose of supporting or opposing the nomination or election of any
126 candidate for public of fice or the qualification, passage or defeat of any ballot measure, or for
127 the support of any committee supporting or opposing candidates or ballot measures or for
128 paying debts or obligations of any candidate or committee previously incurred for the above
129 purposes. A contribution of anything of value shall be deemed to have a money value
130 equivalent to the fair market value. Contribution includes, but is not limited to:
131 (a) A candidate's own money or property used in support of the person's candidacy
132 other than expense of the candidate's food, lodging, travel, and payment of any fee necessary
133 to the filing for public of fice;
134 (b) Payment by any person, other than a candidate or committee, to compensate
135 another person for services rendered to that candidate or committee;
136 (c) Receipts from the sale of goods and services, including the sale of advertising
137 space in a brochure, booklet, program or pamphlet of a candidate or committee and the sale of
138 tickets or political merchandise;
139 (d) Receipts from fund-raising events including testimonial affair s;
140 (e) Any loan, guarantee of a loan, cancellation or forgiv eness of a loan or debt or
141 other obligation by a third party , or payment of a loan or debt or other obligation by a third
142 party if the loan or debt or other obligation was contracted, used, or intended, in whole or in
HB 1750 15
143 part, for use in an election campaign or used or intended for the payment of such debts or
144 obligations of a candidate or committee previously incurred, or which was made or received
145 by a committee;
146 (f) Funds received by a committee which are transferred to such committee from
147 another committee or other source, except funds received by a candidate committee as a
148 transfer of funds from another candidate committee controlled by the same candidate but such
149 transfer shall be included in the disclosure reports;
150 (g) Facilities, of fice space or equipment supplied by any person to a candidate or
151 committee without char ge or at reduced char ges, except gratuitous space for meeting
152 purposes which is made available regularly to the public, including other candidates or
153 committees, on an equal basis for similar purposes on the same conditions;
154 (h) The direct or indirect payment by any person, other than a connected org anization,
155 of the costs of establishing, administering, or maintaining a committee, including legal,
156 accounting and computer services, fund raising and solicitation of contributions for a
157 committee;
158 (i) Contribution does not include:
159 a. Ordinary home hospitality or services provided without compensation by
160 individuals volunteering their time in support of or in opposition to a candidate, committee or
161 ballot measure, nor the necessary and ordinary personal expenses of such volunteers
162 incidental to the performance of voluntary activities, so long as no compensation is directly or
163 indirectly asked or given;
164 b. An of fer or tender of a contribution which is expressly and unconditionally rejected
165 and returned to the donor within ten business days after receipt or transmitted to the state
166 treasurer;
167 c. Interest earned on deposit of committee funds;
168 d. The costs incurred by any connected or ganization listed pursuant to subdivision (4)
169 of subsection 5 of section 130.021 for establishing, administering or maintaining a committee,
170 or for the solicitation of contributions to a committee which solicitation is solely directed or
171 related to the members, of ficers, directors, employees or security holders of the connected
172 or ganization;
173 (13) "County", any one of the several counties of this state or the City of St. Louis;
174 (14) "Disclosure report", an itemized report of receipts, expenditures and incurred
175 indebtedness which is prepared on forms approved by the Missouri ethics commission and
176 filed at the times and places prescribed;
177 (15) "Election", any primary , general or special election held to nominate or elect an
178 individual to public office, to retain or recall an elected of ficeholder or to submit a ballot
179 measure to the voters, and any caucus or other meeting of a political party or a political party
HB 1750 16
180 committee at which that party's candidate or candidates for public office are official ly
181 selected. A primary election and the succeeding general election shall be considered separate
182 elections;
183 (16) "Electronic means", any instrument, device, or service that facilitates an
184 electronic withdrawal of funds from a bank account including, but not limited to, credit cards,
185 debit cards, and the presentation of a credit or debit card account number;
186 (17) "Expenditure", a payment, advance, conveyance, deposit, donation or
1 8 7 contribution of money or anything of value for the purpose of supporting or opposing the
188 nomination or election of any candidate for public office or the qualification or passage of any
189 ballot measure or for the support of any committee which in turn supports or opposes any
190 candidate or ballot measure or for the purpose of paying a previously incurred campaign debt
191 or obligation of a candidate or the debts or obligations of a committee; a payment, or an
192 agreement or promise to pay , money or anything of value, including a candidate's own money
193 or property , for the purchase of goods, services, property , facilities or anything of value for
194 the purpose of supporting or opposing the nomination or election of any candidate for public
195 of fice or the qualification or passage of any ballot measure or for the support of any
196 committee which in turn supports or opposes any candidate or ballot measure or for the
197 purpose of paying a previously incurred campaign debt or obligation of a candidate or the
198 debts or obligations of a committee. An expenditure of anything of value shall be deemed to
199 have a money value equivalent to the fair market value. Expenditure includes, but is not
200 limited to:
201 (a) Payment by anyone other than a committee for services of another person
202 rendered to such committee;
203 (b) The purchase of tickets, goods, services or political merchandise in connection
204 with any testimonial af fair or fund-raising event of or for candidates or committees, or the
205 purchase of advertising in a brochure, booklet, program or pamphlet of a candidate or
206 committee;
207 (c) The transfer of funds by one committee to another committee;
208 (d) The direct or indirect payment by any person, other than a connected or ganization
209 for a committee, of the costs of establishing, administering or maintaining a committee,
210 including legal, accounting and computer services, fund raising and solicitation of
21 1 contributions for a committee; but
212 (e) Expenditure does not include:
213 a. Any news story , commentary or editorial which is broadcast or published by any
214 broadcasting station, newspaper , magazine or other periodical without char ge to the candidate
215 or to any person supporting or opposing a candidate or ballot measure;
HB 1750 17
216 b. The internal dissemination by any membership or ganization, proprietorship, labor
217 or ganization, corporation, association or other entity of information advocating the election or
218 defeat of a candidate or candidates or the passage or defeat of a ballot measure or measures to
219 its directors, of ficers, members, employees or security holders, provided that the cost incurred
220 is reported pursuant to subsection 2 of section 130.051;
221 c. Repayment of a loan, but such repayment shall be indicated in required reports;
222 d. The rendering of voluntary personal services by an individual of the sort
223 commonly performed by volunteer campaign workers and the payment by such individual of
224 the individual's necessary and ordinary personal expenses incidental to such volunteer
225 activity , provided no compensation is, directly or indirectly , asked or given;
226 e. The costs incurred by any connected or ganization listed pursuant to subdivision (4)
227 of subsection 5 of section 130.021 for establishing, administering or maintaining a committee,
228 or for the solicitation of contributions to a committee which solicitation is solely directed or
229 related to the members, of ficers, directors, employees or security holders of the connected
230 or ganization;
231 f. The use of a candidate's own money or property for expense of the candidate's
232 personal food, lodging, travel, and payment of any fee necessary to the filing for public of fice,
233 if such expense is not reimbursed to the candidate from any source;
234 (18) "Exploratory committees", a committee which shall be formed by an individual
235 to receive contributions and make expenditures on behalf of this individual in determining
236 whether or not the individual seeks elective office. Such committee shall terminate no later
237 than December thirty-first of the year prior to the general election for the possible of fice;
238 (19) "Fund-raising event", an event such as a dinner , luncheon, reception, cof fee,
239 testimonial, rally , auction or similar af fair through which contributions are solicited or
240 received by such means as the purchase of tickets, payment of attendance fees, donations for
241 prizes or through the purchase of goods, services or political merchandise;
242 (20) "In-kind contribution" or "in-kind expenditure", a contribution or expenditure in
243 a form other than money;
244 (21) "Labor or ganization", any or ganization of any kind, or any agency or employee
245 representation committee or plan, in which employees participate and which exists for the
246 purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes,
247 wages, rates of pay , hours of employment, or conditions of work;
248 (22) "Loan", a transfer of money , property or anything of ascertainable monetary
249 value in exchange for an obligation, conditional or not, to repay in whole or in part and which
250 was contracted, used, or intended for use in an election campaign, or which was made or
251 received by a committee or which was contracted, used, or intended to pay previously
HB 1750 18
252 incurred campaign debts or obligations of a candidate or the debts or obligations of a
253 committee;
254 (23) "Person", an individual, group of individuals, corporation, partnership,
255 committee, proprietorship, joint venture, any department, agency , board, institution or other
256 entity of the state or any of its political subdivisions, union, labor or ganization, trade or
257 professional or business association, association, political party or any executive committee
258 thereof, or any other club or or ganization however constituted or any of ficer or employee of
259 such entity acting in the person's of ficial capacity;
260 (24) "Political merchandise", goods such as bumper stickers, pins, hats, ties, jewelry ,
261 literature, or other items sold or distributed at a fund-raising event or to the general public for
262 publicity or for the purpose of raising funds to be used in supporting or opposing a candidate
263 for nomination or election or in supporting or opposing the qualification, passage or defeat of
264 a ballot measure;
265 (25) "Political party", a political party which has the right under law to have the
266 names of its candidates listed on the ballot in a general election;
267 (26) "Political party committee", a state, district, county , city , or area committee of a
268 political party , as defined in section 1 15.603, which may be or ganized as a not-for -profit
269 corporation under Missouri law , and which committee is of continuing existence, and has the
270 primary or incidental purpose of receiving contributions and making expenditures to
271 influence or attempt to influence the action of voters on behalf of the political party;
272 (27) "Public of fice" or "of fice", any state, judicial, county , municipal, school or other
273 district, ward, township, or other political subdivision of fice or any political party of fice
274 which is filled by a vote of registered voters;
275 (28) "Regular session", includes that period beginning on the first W ednesday after
276 the first Monday in January and ending following the first Friday after the second Monday in
277 May;
278 (29) "W rite-in candidate", an individual whose name is not printed on the ballot but
279 who otherwise meets the definition of candidate in subdivision (3) of this section.
✔
HB 1750 19