Creates new provisions relating to elections

SECOND REGULAR SESSION
HOUSE BILL NO. 2381
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE SIMMONS.
6160H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 1 15, RSMo, by adding thereto one new section relating to election funding,
with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 1 15, RSMo, is amended by adding thereto one new section, to be
2 known as section 1 15.1600, to read as follows:
1 15.1600. 1. For purposes of this section, the following terms mean:
2 (1) "Donation", a payment, gift, subscription, loan, advance, deposit, or
3 anything of value given to a person without consideration;
4 (2) "Election administration", to participate in any way in the proce ss of
5 conducting and implementing an election. Election administration for the purposes of
6 this section does not include post-election canvass, recou nt, contest, and audit proce sses;
7 (3) "Election officer", individuals who administer , implement, or oversee
8 election-r elated policies, proced ures , or technologies on behalf of any political
9 subdivision or the secr etary of state. Election officers include, but are not limited to,
10 the secr etary of state; any election authority; any member of a red istricting commission;
11 or any of the afor ementioned individual's agents, employees, r epresent atives, or assigns;
12 (4) "Foreig n donation", a donation provi ded by a for eign national;
13 (5) "Foreig n national", any of the following:
14 (a) An individual who is not a citizen of the United States;
15 (b) A government, or subdivision, of a for eign country or municipality ther eof;
16 (c) A for eign political party; 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.
17 (d) Any entity , such as a partnership, association, corporation, organization, or
18 other combination of persons, that is organized under the laws of or has its principal
19 place of business in a for eign country;
20 (6) "Government entity", a state, county , local, or municipal government entity ,
21 or an officer , employee, or volunteer of one of these entities;
22 (7) "Person", an individual, partnership, association, corporation, organization,
23 or any other combination or gro up of individuals.
24 2. (1) A government entity shall not solicit, accept, or use any funds or in-kind
25 goods or services for election administration if those funds or in-kind goods or services
26 ar e donated dir ectly or indir ectly by any person other than a government entity . An
27 election officer may solicit, accept, or use funds or in-kind goods or services of de
28 minimis value.
29 (2) Subject to the exception in subsection 3 of this subsection, a government
30 entity or election officer shall not join the membership of any person, participate in any
31 pr ogram, or pur chase any services fr om any person unless the person complies with the
32 following certification r equir ements:
33 (a) The certification shall state that the person:
34 a. Has not direc tly or indirectl y financed election administration;
35 b. Does not have any staff or board members who have worked for , consulted
36 with, or been employed by a person described by this subdivision within the last ten
37 years unless such organization consisted of government officials; and
38 c. Has been certified as being fr ee of dir ect or indir ect for eign donations.
39 (b) The certification requ ired by paragraph (a) of this subdivision shall be:
40 a. Renewed on an annual basis;
41 b. Updated within five business days of the person obtaining information
42 unknown at the time of the initial certification as described in this subdivision; and
43 c. Dated and sworn by the person under penalty of perjury .
44 3. (1) If, in his or her private capacity , an election officer joins or considers
45 joining the membership of a person, or participates or considers participating in any
46 pr ogram described by subsection 2 of this section, the election officer shall disclose his
47 or her participation or membership, or potential participation or membership, and to
48 have participation or potential participation or membership consider ed in a public
49 hearing, and disclosed on his or her public website as prov ided by this section.
50 (2) The disclosur e r equir ed by subdivision (1) of this subsection shall be:
51 (a) Conspicuous, publicly accessible, and publicly viewable;
52 (b) At least 14-point T imes New Roman font, and in a contrasting color fr om the
53 backgr ound of the website;
HB 2381 2
54 (c) Enclosed inside a box, separated fr om other text and graphics; and
55 (d) Displayed on the homepage of the election officer's website, rea sonably close
56 to the top of the page.
57 (3) The disclosur e r equir ed by subdivision (1) of this subsection shall state:
58 (a) The full name and title of the election officer;
59 (b) The date that the election officer participated in the pr ogram or joined the
60 person or participated in the pr ogram or is scheduled to begin participation in the
61 pr ogram;
62 (c) The full name of the pro gram or person;
63 (d) An accurate description of the nature of the pr ogram or person;
64 (e) A certification that the person or progra m has not been, dir ectly or
65 indir ectly , the recipi ent of for eign donations, a statement that the person or prog ram has
66 been the reci pient of for eign donations, or a statement that the person or progr am has
67 not submitted said certification; and
68 (f) The date of any public hearing at which membership or participation in the
69 pr ogram is to be consider ed.
70 (4) The disclosur e requi red by subdivision (1) of this subsection shall also
71 include a link to an electr onic document containing all r esources or documents receiv ed
72 by the election officer fr om the person or pr ogram, along with the disclosur e of any
73 known funding for the pr ogram known to the officer . This list of r esources shall be
74 updated within ten business days of rec eipt as reso urces, documents, and other
75 materials are provi ded or made available.
76 (5) If the election officer does not have a public website, the disclosur e shall be
77 included on the official homepage of the website most closely associated with the election
78 officer , including that of his or her superior or supervisor . If no website or homepage
79 can be ascertained, the disclosur e shall be submitted to the secr etary of state for
80 inclusion on the secr etary of state's website in a conspicuous manner .
81 (6) Any disclosure made pursuant to this subsection shall rem ain posted and
82 publicly accessible for a period beginning not less than thirty days prior to joining, and
83 ending not less than one hundr ed eighty days after membership ends.
84 (7) In creat ing and posting any disclosure pursuant to this subsection, the
85 election officer is certifying under penalty of perjury that the information contained
86 within the disclosur e is true and accurate.
87 4. V iolation of this section is a class B misdemeanor . If conduct that constitutes
88 an offense under this section also constitutes an offense under any other law , the actor
89 may be prosecuted under this section, the other law , or both.
HB 2381 3
90 5. Any reg istered voter in this state may bring a cause of action to enforce this
91 section.
92 6. Any existing or futur e ordinance enacted or adopted by any political
93 subdivision that is in conflict with this section is void.
✔
HB 2381 4