Modifies qualifications for public office

SECOND REGULAR SESSION
HOUSE BILL NO. 2299
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE DA VIS.
5960H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 1 15.306, RSMo, and to enact in lieu thereof one new section relating to
qualifications for public of fice.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 1 15.306, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 1 15.306, to read as follows:
1 15.306. 1. No person shall qualify as a candidate for elective public of fice in the
2 state of Missouri who has been found guilty of or pled guilty to a felony under the federal
3 laws of the United States of America or to a felony under the laws of this state or an of fense
4 committed in another state that would be considered a felony in this state.
5 2. (1) Any person who files as a candidate for election to a public of fice shall be
6 disqualified from participation in the election for which the candidate has filed if such person
7 is delinquent in the payment of any state income taxes, personal property taxes, municipal
8 taxes, real property taxes on the place of residence, as stated on the declaration of candidacy ,
9 or if the person is a past or present corporate of ficer of any fee of fice that owes any taxes to
10 the state.
11 (2) Each potential candidate for election to a public of fice, except candidates for a
12 county or city committee of a political party , shall file an af fidavit with the department of
13 revenue and include a copy of the af fidavit with the declaration of candidacy required under
14 section 1 15.349. Such af fidavit shall be in substantially the following form:
15 AFFIRMA TION OF T AX P A YMENTS AND BONDING
16 REQUIREMENTS:
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.
17 I hereby declare under penalties of perjury that I am not currently
18 aware of any delinquency in the filing or payment of any state income
19 taxes, personal property taxes, municipal taxes, real property taxes on
20 the place of residence, as stated on the declaration of candidacy , or that
21 I am a past or present corporate of ficer of any fee of fice that owes any
22 taxes to the state, other than those taxes which may be in dispute. I
23 declare under penalties of perjury that I am not aware of any
24 information that would prohibit me from fulfilling any bonding
25 requirements for the of fice for which I am filing.
26 _______________ Candidate's Signature
27 _______________ Printed Name of Candidate
28 (3) Upon receipt of a complaint alleging a delinquency of the candidate in the filing
29 or payment of any state income taxes, personal property taxes, municipal taxes, real property
30 taxes on the place of residence, as stated on the declaration of candidacy , or if the person is a
31 past or present corporate of ficer of any fee of fice that owes any taxes to the state, the
32 department of revenue shall investigate such potential candidate to verify the claim contained
33 in the complaint. If the department of revenue finds a positive af firmation to be false, the
34 department shall contact the secretary of state, or the election of ficial who accepted such
35 candidate's declaration of candidacy , and the potential candidate. The department shall notify
36 the candidate of the outstanding tax owed and give the candidate thirty days to remit any such
37 outstanding taxes owed which are not the subject of dispute between the department and the
38 candidate. If the candidate fails to remit such amounts in full within thirty days, the candidate
39 shall be disqualified from participating in the current election and barred from refiling for an
40 entire election cycle even if the individual pays all of the outstanding taxes that were the
41 subject of the complaint.
42 3. Notwithstanding the provi sions of subsection 1 of this section, any person who
43 is granted a pardon by the presid ent of the United States or the governor of any state or
44 whose recor d was expunged under the pr ovisions of section 610.140 shall qualify as a
45 candidate for elective public office in the state of Missouri.
✔
HB 2299 2