Missouri Statute | Act | Code |Suffrage And Elections| US Code - US Statute | Chapter 130 Campaign Finance Disclosure Law

As used in this chapter, unless the context clearly indicates
otherwise, the following terms mean:

(1) "Appropriate officer" or "appropriate officers", the person or
persons designated in section 130.026 to receive certain required
statements and reports;

(2) "Ballot measure" or "measure", any proposal submitted or intended to
be submitted to qualified voters for their approval or rejection,
including any proposal submitted by initiative petition, referendum
petition, or by the general assembly or any local governmental body
having authority to refer proposals to the voter;

(3) "Candidate", an individual who seeks nomination or election to public
office. The term "candidate" includes an elected officeholder who is the
subject of a recall election, an individual who seeks nomination by the
individual's political party for election to public office, an individual
standing for retention in an election to an office to which the
individual was previously appointed, an individual who seeks nomination
or election whether or not the specific elective public office to be
sought has been finally determined by such individual at the time the
individual meets the conditions described in paragraph (a) or (b) of this
subdivision, and an individual who is a "write-in candidate" as defined
in subdivision (28) of this section. A candidate shall be deemed to seek
nomination or election when the person first:

(a) Receives contributions or makes expenditures or reserves space or
facilities with intent to promote the person's candidacy for office; or

(b) Knows or has reason to know that contributions are being received or
expenditures are being made or space or facilities are being reserved
with the intent to promote the person's candidacy for office; except
that, such individual shall not be deemed a candidate if the person files
a statement with the appropriate officer within five days after learning
of the receipt of contributions, the making of expenditures, or the
reservation of space or facilities disavowing the candidacy and stating
that the person will not accept nomination or take office if elected;
provided that, if the election at which such individual is supported as a
candidate is to take place within five days after the person's learning
of the above-specified activities, the individual shall file the
statement disavowing the candidacy within one day; or

(c) Announces or files a declaration of candidacy for office;

(4) "Cash", currency, coin, United States postage stamps, or any
negotiable instrument which can be transferred from one person to another
person without the signature or endorsement of the transferor;

(5) "Check", a check drawn on a state or federal bank, or a draft on a
negotiable order of withdrawal account in a savings and loan association
or a share draft account in a credit union;

(6) "Closing date", the date through which a statement or report is
required to be complete;

(7) "Committee", a person or any combination of persons, who accepts
contributions or makes expenditures for the primary or incidental purpose
of influencing or attempting to influence the action of voters for or
against the nomination or election to public office of one or more
candidates or the qualification, passage or defeat of any ballot measure
or for the purpose of paying a previously incurred campaign debt or
obligation of a candidate or the debts or obligations of a committee or
for the purpose of contributing funds to another committee:

(a) "Committee", does not include:

a. A person or combination of persons, if neither the aggregate of
expenditures made nor the aggregate of contributions received during a
calendar year exceeds five hundred dollars and if no single contributor
has contributed more than two hundred fifty dollars of such aggregate
contributions;

b. An individual, other than a candidate, who accepts no contributions
and who deals only with the individual's own funds or property;

c. A corporation, cooperative association, partnership, proprietorship,
or joint venture organized or operated for a primary or principal purpose
other than that of influencing or attempting to influence the action of
voters for or against the nomination or election to public office of one
or more candidates or the qualification, passage or defeat of any ballot
measure, and it accepts no contributions, and all expenditures it makes
are from its own funds or property obtained in the usual course of
business or in any commercial or other transaction and which are not
contributions as defined by subdivision (12) of this section;

d. A labor organization organized or operated for a primary or principal
purpose other than that of influencing or attempting to influence the
action of voters for or against the nomination or election to public
office of one or more candidates, or the qualification, passage, or
defeat of any ballot measure, and it accepts no contributions, and
expenditures made by the organization are from its own funds or property
received from membership dues or membership fees which were given or
solicited for the purpose of supporting the normal and usual activities
and functions of the organization and which are not contributions as
defined by subdivision (12) of this section;

e. A person who acts as an authorized agent for a committee in soliciting
or receiving contributions or in making expenditures or incurring
indebtedness on behalf of the committee if such person renders to the
committee treasurer or deputy treasurer or candidate, if applicable, an
accurate account of each receipt or other transaction in the detail
required by the treasurer to comply with all record keeping and reporting
requirements of this chapter;

f. Any department, agency, board, institution or other entity of the
state or any of its subdivisions or any officer or employee thereof,
acting in the person's official capacity;

(b) The term "committee" includes, but is not limited to, each of the
following committees: campaign committee, candidate committee, continuing
committee and political party committee;

(8) "Campaign committee", a committee, other than a candidate committee,
which shall be formed by an individual or group of individuals to receive
contributions or make expenditures and whose sole purpose is to support
or oppose the qualification and passage of one or more particular ballot
measures in an election or the retention of judges under the nonpartisan
court plan, such committee shall be formed no later than thirty days
prior to the election for which the committee receives contributions or
makes expenditures, and which shall terminate the later of either thirty
days after the general election or upon the satisfaction of all committee
debt after the general election, except that no committee retiring debt
shall engage in any other activities in support of a measure for which
the committee was formed;

(9) "Candidate committee", a committee which shall be formed by a
candidate to receive contributions or make expenditures in behalf of the
person's candidacy and which shall continue in existence for use by an
elected candidate or which shall terminate the later of either thirty
days after the general election for a candidate who was not elected or
upon the satisfaction of all committee debt after the election, except
that no committee retiring debt shall engage in any other activities in
support of the candidate for which the committee was formed. Any
candidate for elective office shall have only one candidate committee for
the elective office sought, which is controlled directly by the candidate
for the purpose of making expenditures. A candidate committee is presumed
to be under the control and direction of the candidate unless the
candidate files an affidavit with the appropriate officer stating that
the committee is acting without control or direction on the candidate's
part;

(10) "Continuing committee", a committee of continuing existence which is
not formed, controlled or directed by a candidate, and is a committee
other than a candidate committee or campaign committee, whose primary or
incidental purpose is to receive contributions or make expenditures to
influence or attempt to influence the action of voters whether or not a
particular candidate or candidates or a particular ballot measure or
measures to be supported or opposed has been determined at the time the
committee is required to file any statement or report pursuant to the
provisions of this chapter. "Continuing committee" includes, but is not
limited to, any committee organized or sponsored by a business entity, a
labor organization, a professional association, a trade or business
association, a club or other organization and whose primary purpose is to
solicit, accept and use contributions from the members, employees or
stockholders of such entity and any individual or group of individuals
who accept and use contributions to influence or attempt to influence the
action of voters. Such committee shall be formed no later than thirty
days prior to the election for which the committee receives contributions
or makes expenditures;

(11) "Connected organization", any organization such as a corporation, a
labor organization, a membership organization, a cooperative, or trade or
professional association which expends funds or provides services or
facilities to establish, administer or maintain a committee or to solicit
contributions to a committee from its members, officers, directors,
employees or security holders. An organization shall be deemed to be the
connected organization if more than fifty percent of the persons making
contributions to the committee during the current calendar year are
members, officers, directors, employees or security holders of such
organization or their spouses;

(12) "Contribution", a payment, gift, loan, advance, deposit, or donation
of money or anything of value for the purpose of supporting or opposing
the nomination or election of any candidate for public office or the
qualification, passage or defeat of any ballot measure, or for the
support of any committee supporting or opposing candidates or ballot
measures or for paying debts or obligations of any candidate or committee
previously incurred for the above purposes. A contribution of anything of
value shall be deemed to have a money value equivalent to the fair market
value. "Contribution" includes, but is not limited to:

(a) A candidate's own money or property used in support of the person's
candidacy other than expense of the candidate's food, lodging, travel,
and payment of any fee necessary to the filing for public office;

(b) Payment by any person, other than a candidate or committee, to
compensate another person for services rendered to that candidate or
committee;

(c) Receipts from the sale of goods and services, including the sale of
advertising space in a brochure, booklet, program or pamphlet of a
candidate or committee and the sale of tickets or political merchandise;

(d) Receipts from fund-raising events including testimonial affairs;

(e) Any loan, guarantee of a loan, cancellation or forgiveness of a loan
or debt or other obligation by a third party, or payment of a loan or
debt or other obligation by a third party if the loan or debt or other
obligation was contracted, used, or intended, in whole or in part, for
use in an election campaign or used or intended for the payment of such
debts or obligations of a candidate or committee previously incurred, or
which was made or received by a committee;

(f) Funds received by a committee which are transferred to such committee
from another committee or other source, except funds received by a
candidate committee as a transfer of funds from another candidate
committee controlled by the same candidate but such transfer shall be
included in the disclosure reports;

(g) Facilities, office space or equipment supplied by any person to a
candidate or committee without charge or at reduced charges, except
gratuitous space for meeting purposes which is made available regularly
to the public, including other candidates or committees, on an equal
basis for similar purposes on the same conditions;

(h) The direct or indirect payment by any person, other than a connected
organization, of the costs of establishing, administering, or maintaining
a committee, including legal, accounting and computer services, fund
raising and solicitation of contributions for a committee;

(i) "Contribution" does not include:

a. Ordinary home hospitality or services provided without compensation by
individuals volunteering their time in support of or in opposition to a
candidate, committee or ballot measure, nor the necessary and ordinary
personal expenses of such volunteers incidental to the performance of
voluntary activities, so long as no compensation is directly or
indirectly asked or given;

b. An offer or tender of a contribution which is expressly and
unconditionally rejected and returned to the donor within ten business
days after receipt or transmitted to the state treasurer;

c. Interest earned on deposit of committee funds;

d. The costs incurred by any connected organization listed pursuant to
subdivision (4) of subsection 5 of section 130.021 for establishing,
administering or maintaining a committee, or for the solicitation of
contributions to a committee which solicitation is solely directed or
related to the members, officers, directors, employees or security
holders of the connected organization;

(13) "County", any one of the several counties of this state or the city
of St. Louis;

(14) "Disclosure report", an itemized report of receipts, expenditures
and incurred indebtedness which is prepared on forms approved by the
Missouri ethics commission and filed at the times and places prescribed;

(15) "Election", any primary, general or special election held to
nominate or elect an individual to public office, to retain or recall an
elected officeholder or to submit a ballot measure to the voters, and any
caucus or other meeting of a political party or a political party
committee at which that party's candidate or candidates for public office
are officially selected. A primary election and the succeeding general
election shall be considered separate elections;

(16) "Expenditure", a payment, advance, conveyance, deposit, donation or
contribution of money or anything of value for the purpose of supporting
or opposing the nomination or election of any candidate for public office
or the qualification or passage of any ballot measure or for the support
of any committee which in turn supports or opposes any candidate or
ballot measure or for the purpose of paying a previously incurred
campaign debt or obligation of a candidate or the debts or obligations of
a committee; a payment, or an agreement or promise to pay, money or
anything of value, including a candidate's own money or property, for the
purchase of goods, services, property, facilities or anything of value
for the purpose of supporting or opposing the nomination or election of
any candidate for public office or the qualification or passage of any
ballot measure or for the support of any committee which in turn supports
or opposes any candidate or ballot measure or for the purpose of paying a
previously incurred campaign debt or obligation of a candidate or the
debts or obligations of a committee. An expenditure of anything of value
shall be deemed to have a money value equivalent to the fair market
value. "Expenditure" includes, but is not limited to:

(a) Payment by anyone other than a committee for services of another
person rendered to such committee;

(b) The purchase of tickets, goods, services or political merchandise in
connection with any testimonial affair or fund-raising event of or for
candidates or committees, or the purchase of advertising in a brochure,
booklet, program or pamphlet of a candidate or committee;

(c) The transfer of funds by one committee to another committee;

(d) The direct or indirect payment by any person, other than a connected
organization for a committee, of the costs of establishing, administering
or maintaining a committee, including legal, accounting and computer
services, fund raising and solicitation of contributions for a committee;
but

(e) "Expenditure" does not include:

a. Any news story, commentary or editorial which is broadcast or
published by any broadcasting station, newspaper, magazine or other
periodical without charge to the candidate or to any person supporting or
opposing a candidate or ballot measure;

b. The internal dissemination by any membership organization,
proprietorship, labor organization, corporation, association or other
entity of information advocating the election or defeat of a candidate or
candidates or the passage or defeat of a ballot measure or measures to
its directors, officers, members, employees or security holders, provided
that the cost incurred is reported pursuant to subsection 2 of section
130.051*;

c. Repayment of a loan, but such repayment shall be indicated in required
reports;

d. The rendering of voluntary personal services by an individual of the
sort commonly performed by volunteer campaign workers and the payment by
such individual of the individual's necessary and ordinary personal
expenses incidental to such volunteer activity, provided no compensation
is, directly or indirectly, asked or given;

e. The costs incurred by any connected organization listed pursuant to
subdivision (4) of subsection 5 of section 130.021 for establishing,
administering or maintaining a committee, or for the solicitation of
contributions to a committee which solicitation is solely directed or
related to the members, officers, directors, employees or security
holders of the connected organization;

f. The use of a candidate's own money or property for expense of the
candidate's personal food, lodging, travel, and payment of any fee
necessary to the filing for public office, if such expense is not
reimbursed to the candidate from any source;

(17) "Exploratory committees", a committee which shall be formed by an
individual to receive contributions and make expenditures on behalf of
this individual in determining whether or not the individual seeks
elective office. Such committee shall terminate no later than December
thirty-first of the year prior to the general election for the possible
office;

(18) "Fund-raising event", an event such as a dinner, luncheon,
reception, coffee, testimonial, rally, auction or similar affair through
which contributions are solicited or received by such means as the
purchase of tickets, payment of attendance fees, donations for prizes or
through the purchase of goods, services or political merchandise;

(19) "In-kind contribution" or "in-kind expenditure", a contribution or
expenditure in a form other than money;

(20) "Labor organization", any organization of any kind, or any agency or
employee representation committee or plan, in which employees participate
and which exists for the purpose, in whole or in part, of dealing with
employers concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work;

(21) "Loan", a transfer of money, property or anything of ascertainable
monetary value in exchange for an obligation, conditional or not, to
repay in whole or in part and which was contracted, used, or intended for
use in an election campaign, or which was made or received by a committee
or which was contracted, used, or intended to pay previously incurred
campaign debts or obligations of a candidate or the debts or obligations
of a committee;

(22) "Person", an individual, group of individuals, corporation,
partnership, committee, proprietorship, joint venture, any department,
agency, board, institution or other entity of the state or any of its
political subdivisions, union, labor organization, trade or professional
or business association, association, political party or any executive
committee thereof, or any other club or organization however constituted
or any officer or employee of such entity acting in the person's official
capacity;

(23) "Political merchandise", goods such as bumper stickers, pins, hats,
ties, jewelry, literature, or other items sold or distributed at a
fund-raising event or to the general public for publicity or for the
purpose of raising funds to be used in supporting or opposing a candidate
for nomination or election or in supporting or opposing the
qualification, passage or defeat of a ballot measure;

(24) "Political party", a political party which has the right under law
to have the names of its candidates listed on the ballot in a general
election;

(25) "Political party committee", a state, district, county, city, or
area committee of a political party, as defined in section 115.603, RSMo,
which may be organized as a not-for-profit corporation under Missouri
law, and which committee is of continuing existence, and has the primary
or incidental purpose of receiving contributions and making expenditures
to influence or attempt to influence the action of voters on behalf of
the political party;

(26) "Public office" or "office", any state, judicial, county, municipal,
school or other district, ward, township, or other political subdivision
office or any political party office which is filled by a vote of
registered voters;

(27) "Regular session", includes that period beginning on the first
Wednesday after the first Monday in January and ending following the
first Friday after the second Monday in May;

(28) "Write-in candidate", an individual whose name is not printed on the
ballot but who otherwise meets the definition of "candidate" in
subdivision (3) of this section. (L. 1978 S.B. 839, A.L. 1979 S.B. 129,
A.L. 1985 H.B. 150, et al., A.L. 1986 H.B. 1554 Revision, A.L. 1990 S.B.
631, A.L. 1991 S.B. 262, A.L. 1994 S.B. 650, A.L. 1995 H.B. 484, et al.,
A.L. 1997 S.B. 16)

*Section 130.051 was repealed by S.B. 16, 1997.

1. No candidate for statewide elected office, general assembly,
or municipal office in a city with a population of more than one hundred
thousand shall be required to comply with the requirements to file a
statement of organization or disclosure reports of contributions and
expenditures for any election in which neither the aggregate of
contributions received nor the aggregate of expenditures made on behalf
of such candidate exceeds five hundred dollars and no single contributor,
other than the candidate, has contributed more than the amount of the
limitation on contributions to elect an individual to the office of state
representative as calculated in subsection 2 of section 130.032, provided
that:

(1) The candidate files a sworn exemption statement with the appropriate
officer that the candidate does not intend to either receive
contributions or make expenditures in the aggregate of more than five
hundred dollars or receive contributions from any single contributor,
other than the candidate, that aggregate more than the amount of the
limitation on contributions to elect an individual to the office of state
representative as calculated in subsection 2 of section 130.032, and that
the total of all contributions received or expenditures made by the
candidate and all committees or any other person with the candidate's
knowledge and consent in support of the candidacy will not exceed five
hundred dollars and that the aggregate of contributions received from any
single contributor will not exceed the amount of the limitation on
contributions to elect an individual to the office of state
representative as calculated in subsection 2 of section 130.032. Such
exemption statement shall be filed no later than the date set forth in
section 130.046 on which a disclosure report would otherwise be required
if the candidate does not file the exemption statement. The exemption
statement shall be filed on a form furnished to each appropriate officer
by the executive director of the Missouri ethics commission. Each
appropriate officer shall make the exemption statement available to
candidates and shall direct each candidate's attention to the exemption
statement and explain its purpose to the candidate; and

(2) The sworn exemption statement includes a statement that the candidate
understands that records of contributions and expenditures must be
maintained from the time the candidate first receives contributions or
makes expenditures and that an exemption from filing a statement of
organization or disclosure reports does not exempt the candidate from
other provisions of this chapter. Each candidate described in this
subsection who files a statement of exemption shall file a statement of
limited activity for each reporting period described in section 130.046.

2. Any candidate who has filed an exemption statement as provided in
subsection 1 of this section shall not accept any contribution or make
any expenditure in support of the person's candidacy, either directly or
indirectly or by or through any committee or any other person acting with
the candidate's knowledge and consent, which would cause such
contributions or expenditures to exceed the limits specified in
subdivision (1) of subsection 1 of this section unless the candidate
later rejects the exemption pursuant to subsection 3 of this section. Any
contribution received in excess of such limits shall be returned to the
donor or transmitted to the state treasurer to escheat to the state.

3. If, after filing the exemption statement provided for in this section,
the candidate subsequently determines the candidate wishes to exceed any
of the limits in subdivision (1) of subsection 1 of this section, the
candidate shall file a notice of rejection of the exemption with the
appropriate officer; however, such rejection shall not be filed later
than thirty days before election. A notice of rejection of exemption
shall be accompanied by a statement of organization as required by
section 130.021 and any other statements and reports which would have
been required if the candidate had not filed an exemption statement.

4. A primary election and the immediately succeeding general election are
separate elections, and restrictions on contributions and expenditures
set forth in subsection 2 of this section shall apply to each election;
however, if a successful primary candidate has correctly filed an
exemption statement prior to the primary election and has not filed a
notice of rejection prior to the date on which the first disclosure
report applicable to the succeeding general election is required to be
filed, the candidate shall not be required to file an exemption statement
for that general election if the limitations set forth in subsection 1 of
this section apply to the succeeding general election.

5. A candidate who has an existing candidate committee formed for a prior
election for which all statements and reports required by this chapter
have been properly filed shall be eligible to file the exemption
statement as provided in subsection 1 of this section and shall not be
required to file the disclosure reports pertaining to the election for
which the candidate is eligible to file the exemption statement if the
candidate and the treasurer or deputy treasurer of such existing
candidate committee continue to comply with the requirements, limitations
and restrictions set forth in subsections 1, 2, 3 and 4 of this section.
The exemption permitted by this subsection does not exempt a candidate or
the treasurer of the candidate's existing candidate committee from
complying with the requirements of subsections 6 and 7 of section 130.046
applicable to a prior election.

6. No candidate for supreme court, circuit court, or associate circuit
court, or candidate for political party office, or for county office or
municipal office in a city of one hundred thousand or less, or for any
special purpose district office shall be required to file an exemption
statement pursuant to this section in order to be exempted from forming a
committee and filing disclosure reports required of committees pursuant
to this chapter if the aggregate of contributions received or
expenditures made by the candidate and any other person with the
candidate's knowledge and consent in support of the person's candidacy
does not exceed one thousand dollars and the aggregate of contributions
from any single contributor does not exceed the amount of the limitation
on contributions to elect an individual to the office of state
representative as calculated in subsection 2 of section 130.032. No
candidate for any office listed in this subsection shall be excused from
complying with the provisions of any section of this chapter, other than
the filing of an exemption statement under the conditions specified in
this subsection.

7. If any candidate for an office listed in subsection 6 of this section
exceeds the limits specified in subsection 6 of this section, the
candidate shall form a committee no later than thirty days prior to the
election for which the contributions were received or expended which
shall comply with all provisions of this chapter for committees. (L. 1978
S.B. 839, A.L. 1979 S.B. 129, A.L. 1985 H.B. 150, et al., A.L. 1990 S.B.
631, A.L. 1991 S.B. 262, A.L. 1997 S.B. 16, A.L. 2003 H.B. 99)

1. Every committee shall have a treasurer who, except as
provided in subsection 10 of this section, shall be a resident of this
state. A committee may also have a deputy treasurer who, except as
provided in subsection 10 of this section, shall be a resident of this
state, to serve in the capacity of committee treasurer in the event the
committee treasurer is unable for any reason to perform the treasurer's
duties.

2. Every candidate for offices listed in subsection 1 of section 130.016
who has not filed a statement of exemption pursuant to that subsection
and every candidate for offices listed in subsection 6 of section 130.016
who is not excluded from filing a statement of organization and
disclosure reports pursuant to subsection 6 shall form a candidate
committee and appoint a treasurer. Thereafter, all contributions on hand
and all further contributions received by such candidate and any of the
candidate's own funds to be used in support of the person's candidacy
shall be deposited in a candidate committee depository account
established pursuant to the provisions of subsection 4 of this section,
and all expenditures shall be made through the candidate, treasurer or
deputy treasurer of the person's candidate committee. Nothing in this
chapter shall prevent a candidate from appointing himself or herself as a
committee of one and serving as the person's own treasurer, maintaining
the candidate's own records and filing all the reports and statements
required to be filed by the treasurer of a candidate committee.

3. A candidate who has more than one candidate committee supporting the
person's candidacy shall designate one of those candidate committees as
the committee responsible for consolidating the aggregate contributions
to all such committees under the candidate's control and direction as
required by section 130.041.

4. (1) Every committee shall have a single official fund depository
within this state which shall be a federally or state-chartered bank, a
federally or state-chartered savings and loan association, or a federally
or state-chartered credit union in which the committee shall open and
thereafter maintain at least one official depository account in its own
name. An "official depository account" shall be a checking account or
some type of negotiable draft or negotiable order of withdrawal account,
and the official fund depository shall, regarding an official depository
account, be a type of financial institution which provides a record of
deposits, canceled checks or other canceled instruments of withdrawal
evidencing each transaction by maintaining copies within this state of
such instruments and other transactions. All contributions which the
committee receives in money, checks and other negotiable instruments
shall be deposited in a committee's official depository account.
Contributions shall not be accepted and expenditures shall not be made by
a committee except by or through an official depository account and the
committee treasurer, deputy treasurer or candidate. Contributions
received by a committee shall not be commingled with any funds of an
agent of the committee, a candidate or any other person, except that
contributions from a candidate of the candidate's own funds to the
person's candidate committee shall be deposited to an official depository
account of the person's candidate committee. No expenditure shall be made
by a committee when the office of committee treasurer is vacant except
that when the office of a candidate committee treasurer is vacant, the
candidate shall be the treasurer until the candidate appoints a new
treasurer.

(2) A committee treasurer, deputy treasurer or candidate may withdraw
funds from a committee's official depository account and deposit such
funds in one or more savings accounts in the committee's name in any
bank, savings and loan association or credit union within this state, and
may also withdraw funds from an official depository account for
investment in the committee's name in any certificate of deposit, bond or
security. Proceeds from interest or dividends from a savings account or
other investment or proceeds from withdrawals from a savings account or
from the sale of an investment shall not be expended or reinvested,
except in the case of renewals of certificates of deposit, without first
redepositing such proceeds in an official depository account.
Investments, other than savings accounts, held outside the committee's
official depository account at any time during a reporting period shall
be disclosed by description, amount, any identifying numbers and the name
and address of any institution or person in which or through which it is
held in an attachment to disclosure reports the committee is required to
file. Proceeds from an investment such as interest or dividends or
proceeds from its sale, shall be reported by date and amount. In the case
of the sale of an investment, the names and addresses of the persons
involved in the transaction shall also be stated. Funds held in savings
accounts and investments, including interest earned, shall be included in
the report of money on hand as required by section 130.041.

5. The treasurer or deputy treasurer acting on behalf of any person or
organization or group of persons which is a committee by virtue of the
definitions of "committee" in section 130.011 and any candidate who is
not excluded from forming a committee in accordance with the provisions
of section 130.016 shall file a statement of organization with the
appropriate officer within twenty days after the person or organization
becomes a committee but no later than the date for filing the first
report required pursuant to the provisions of section 130.046. The
statement of organization shall contain the following information:

(1) The name, mailing address and telephone number, if any, of the
committee filing the statement of organization. If the committee is
deemed to be affiliated with a connected organization as provided in
subdivision (11) of section 130.011, the name of the connected
organization, or a legally registered fictitious name which reasonably
identifies the connected organization, shall appear in the name of the
committee. If the committee is a candidate committee, the name of the
candidate shall be a part of the committee's name;

(2) The name, mailing address and telephone number of the candidate;

(3) The name, mailing address and telephone number of the committee
treasurer, and the name, mailing address and telephone number of its
deputy treasurer if the committee has named a deputy treasurer;

(4) The names, mailing addresses and titles of its officers, if any;

(5) The name and mailing address of any connected organizations with
which the committee is affiliated;

(6) The name and mailing address of its depository, and the name and
account number of each account the committee has in the depository;

(7) Identification of the major nature of the committee such as a
candidate committee, campaign committee, continuing committee, political
party committee, incumbent committee, or any other committee according to
the definition of "committee" in section 130.011;

(8) In the case of the candidate committee designated in subsection 3 of
this section, the full name and address of each other candidate committee
which is under the control and direction of the same candidate, together
with the name, address and telephone number of the treasurer of each such
other committee;

(9) The name and office sought of each candidate supported or opposed by
the committee;

(10) The ballot measure concerned, if any, and whether the committee is
in favor of or opposed to such measure.

6. A committee may omit the information required in subdivisions (9) and
(10) of subsection 5 of this section if, on the date on which it is
required to file a statement of organization, the committee has not yet
determined the particular candidates or particular ballot measures it
will support or oppose. Any contribution received over the allowable
contribution limits described in section 130.032 shall be returned to the
contributor by the committee within five business days of the declaration
of candidacy or position on a candidate or a particular ballot measure of
the committee.

7. A committee which has filed a statement of organization and has not
terminated shall not be required to file another statement of
organization, except that when there is a change in any of the
information previously reported as required by subdivisions (1) to (8) of
subsection 5 of this section an amended statement of organization shall
be filed within twenty days after the change occurs, but no later than
the date of the filing of the next report required to be filed by that
committee by section 130.046.

8. Upon termination of a committee, a termination statement indicating
dissolution shall be filed not later than ten days after the date of
dissolution with the appropriate officer or officers with whom the
committee's statement of organization was filed. The termination
statement shall include: the distribution made of any remaining surplus
funds and the disposition of any deficits; and the name, mailing address
and telephone number of the individual responsible for preserving the
committee's records and accounts as required in section 130.036.

9. Any statement required by this section shall be signed and attested by
the committee treasurer or deputy treasurer, and by the candidate in the
case of a candidate committee.

10. A committee domiciled outside this state shall be required to file a
statement of organization and appoint a treasurer residing in this state
and open an account in a depository within this state; provided that
either of the following conditions prevails:

(1) The aggregate of all contributions received from persons domiciled in
this state exceeds twenty percent in total dollar amount of all funds
received by the committee in the preceding twelve months; or

(2) The aggregate of all contributions and expenditures made to support
or oppose candidates and ballot measures in this state exceeds one
thousand five hundred dollars in the current calendar year.

11. If a committee domiciled in this state receives a contribution of one
thousand five hundred dollars or more from any committee domiciled
outside of this state, the committee domiciled in this state shall file a
disclosure report with the commission. The report shall disclose the full
name, mailing address, telephone numbers and domicile of the contributing
committee and the date and amount of the contribution. The report shall
be filed within forty-eight hours of the receipt of such contribution if
the contribution is received after the last reporting date before the
election. (L. 1978 S.B. 839, A.L. 1979 S.B. 129, A.L. 1985 H.B. 150, et
al., A.L. 1990 S.B. 631, A.L. 1997 S.B. 16)

(2002) Requirement that out-of-state political committee appoint Missouri
resident as treasurer is a valid limitation on the committee's
associational rights under the First Amendment. National Right to Life
Political Action Committee v. Lamb, 202 F.Supp.2d 995 (W.D.Mo.).

(2003) Resident treasurer requirement is a constitutional restriction on
association. National Right to Life Political Action Committee v. Connor,
323 F.3d 684 (8th Cir.).

Failure to report current or previous campaign contributions or
expenditures may be challenged by the candidate, candidate committee
treasurer or deputy treasurer who has allegedly failed to file the proper
report. Any candidate may request that any statement alleging the failure
to file campaign expenditures or contributions contained in a candidate's
official file may be removed after filing a disclosure report describing
the contribution or expenditure. (L. 1997 S.B. 16 § 2)

1. For the purpose of this section, the term "election
authority" or "local election authority" means the county clerk, except
that in a city or county having a board of election commissioners the
board of election commissioners shall be the election authority. For any
political subdivision or other district which is situated within the
jurisdiction of more than one election authority, as defined herein, the
election authority is the one in whose jurisdiction the candidate resides
or, in the case of ballot measures, the one in whose jurisdiction the
most populous portion of the political subdivision or district for which
an election is held is situated, except that a county clerk or a county
board of election commissioners shall be the election authority for all
candidates for elective county offices other than county clerk and for
any countywide ballot measures.

2. The appropriate officer or officers for candidates and ballot measures
shall be as follows:

(1) In the case of candidates for the offices of governor, lieutenant
governor, secretary of state, state treasurer, state auditor, attorney
general, judges of the supreme court and appellate court judges, the
appropriate officer shall be the Missouri ethics commission;

(2) Notwithstanding the provisions of subsection 1 of this section, in
the case of candidates for the offices of state senator, state
representative, county clerk, and associate circuit court judges and
circuit court judges, the appropriate officers shall be the Missouri
ethics commission and the election authority for the place of residence
of the candidate;

(3) In the case of candidates for elective municipal offices in
municipalities of more than one hundred thousand inhabitants and elective
county offices in counties of more than one hundred thousand inhabitants,
the appropriate officers shall be the Missouri ethics commission and the
election authority of the municipality or county in which the candidate
seeks office;

(4) In the case of all other offices, the appropriate officer shall be
the election authority of the district or political subdivision for which
the candidate seeks office;

(5) In the case of ballot measures, the appropriate officer or officers
shall be:

(a) The Missouri ethics commission for a statewide measure;

(b) The local election authority for any political subdivision or
district as determined by the provisions of subsection 1 of this section
for any measure, other than a statewide measure, to be voted on in that
political subdivision or district.

3. The appropriate officer or officers for candidate committees and
campaign committees shall be the same as designated in subsection 2 of
this section for the candidates or ballot measures supported or opposed
as indicated in the statement of organization required to be filed by any
such committee.

4. The appropriate officer for political party committees shall be as
follows:

(1) In the case of state party committees, the appropriate officer shall
be the Missouri ethics commission;

(2) In the case of any district, county or city political party
committee, the appropriate officer shall be the Missouri ethics
commission and the election authority for that district, county or city.

5. The appropriate officers for a continuing committee and for any other
committee not named in subsections 3, 4 and 5 of this section shall be as
follows:

(1) The Missouri ethics commission and the election authority for the
county in which the committee is domiciled; and

(2) If the committee makes or anticipates making expenditures other than
direct contributions which aggregate more than five hundred dollars to
support or oppose one or more candidates or ballot measures in the same
political subdivision or district for which the appropriate officer is an
election authority other than the one for the county in which the
committee is domiciled, the appropriate officers for that committee shall
include such other election authority or authorities, except that
committees covered by this subsection need not file statements required
by section 130.021 and reports required by subsections 6, 7 and 8 of
section 130.046 with any appropriate officer other than those set forth
in subdivision (1) of this subsection.

6. The term "domicile" or "domiciled" means the address of the committee
listed on the statement of organization required to be filed by that
committee in accordance with the provisions of section 130.021. (L. 1978
S.B. 839, A.L. 1979 S.B. 129, A.L. 1985 H.B. 150, et al., A.L. 1990 S.B.
631, A.L. 1991 S.B. 262)

1. Every person, labor organization, or corporation organized or
existing by virtue of the laws of this state, or doing business in this
state who shall:

(1) Discriminate or threaten to discriminate against any member in this
state with respect to his membership, or discharge or discriminate or
threaten to discriminate against any employee in this state, with respect
to his compensation, terms, conditions or privileges of employment by
reason of his political beliefs or opinions; or

(2) Coerce or attempt to coerce, intimidate or bribe any member or
employee to vote or refrain from voting for any candidate at any election
in this state; or

(3) Coerce or attempt to coerce, intimidate or bribe any member or
employee to vote or refrain from voting for any issue at any election in
this state; or

(4) Make any member or employee as a condition of membership or
employment, contribute to any candidate, political committee or separate
political fund; or

(5) Discriminate or threaten to discriminate against any member or
employee in this state for contributing or refusing to contribute to any
candidate, political committee or separate political fund with respect to
the privileges of membership or with respect to his employment and the
compensation, terms, conditions or privileges related thereto shall be
guilty of a misdemeanor, and upon conviction thereof be punished by a
fine of not more than five thousand dollars and confinement for not more
than six months, or both, provided, after January 1, 1979, the violation
of this subsection shall be a class D felony.

2. No employer, corporation, continuing committee, or labor organization
shall receive or cause to be made contributions from its members or
employees except on the advance voluntary permission of the members or
employees. Violation of this section by the corporation, employer,
continuing committee or labor organization shall be a class A misdemeanor.

3. An employer shall, upon written request by ten or more employees,
provide its employees with the option of contributing to a continuing
committee as defined in section 130.011 through payroll deduction, if the
employer has a system of payroll deduction. No contribution to a
continuing committee from an employee through payroll deduction shall be
made other than to a continuing committee voluntarily chosen by the
employee. Violation of this section shall be a class A misdemeanor.

4. Any person aggrieved by any act prohibited by this section shall, in
addition to any other remedy provided by law, be entitled to maintain
within one year from the date of the prohibited act, a civil action in
the courts of this state, and if successful, he shall be awarded civil
damages of not less than one hundred dollars and not more than one
thousand dollars, together with his costs, including reasonable
attorney's fees. Each violation shall be a separate cause of action. (L.
1978 S.B. 839, A.L. 1994 S.B. 650)

Effective 1-1-95

1. Nothing herein contained shall be construed to prohibit any
corporation organized under any general or special law of this state, or
any other state or by an act of the Congress of the United States or any
labor organization, cooperative association or mutual association from
making any contributions or expenditures, provided:

(1) That the board of directors of any corporation by resolution has
authorized contributions or expenditures, or by resolution has authorized
a designated officer to make such contributions or expenditures; or

(2) That the members of any labor organization, cooperative association
or mutual association have authorized contributions or expenditures by a
majority vote of the members present at a duly called meeting of any such
labor organization, cooperative association or mutual association or by
such vote has authorized a designated officer to make such contributions
or expenditures.

2. No provision of this section shall be construed to authorize
contributions or expenditures otherwise prohibited by, or to change any
necessary percentage of vote otherwise required by, the articles of
incorporation or association or bylaws of such labor organization,
corporation, cooperative or mutual association.

3. Authority to make contributions or expenditures as authorized by this
section shall be adopted by general or specific resolution. This
resolution shall state the total amount of contributions or expenditures
authorized, the purposes of such contributions or expenditures and the
time period within which such authority shall exist. (L. 1978 S.B. 839)

1. No contribution of cash in an amount of more than one hundred
dollars shall be made by or accepted from any single contributor for any
election by a continuing committee, a campaign committee, a political
party committee, an exploratory committee or a candidate committee.

2. Except for expenditures from a petty cash fund which is established
and maintained by withdrawals of funds from the committee's depository
account and with records maintained pursuant to the record-keeping
requirements of section 130.036 to account for expenditures made from
petty cash, each expenditure of more than fifty dollars, except an
in-kind expenditure, shall be made by check drawn on the committee's
depository and signed by the committee treasurer, deputy treasurer or
candidate. A single expenditure from a petty cash fund shall not exceed
fifty dollars, and the aggregate of all expenditures from a petty cash
fund during a calendar year shall not exceed the lesser of five thousand
dollars or ten percent of all expenditures made by the committee during
that calendar year. A check made payable to "cash" shall not be made
except to replenish a petty cash fund.

3. No contribution shall be made or accepted and no expenditure shall be
made or incurred, directly or indirectly, in a fictitious name, in the
name of another person, or by or through another person in such a manner
as to conceal the identity of the actual source of the contribution or
the actual recipient and purpose of the expenditure. Any person who
receives contributions for a committee shall disclose to that committee's
treasurer, deputy treasurer or candidate the recipient's own name and
address and the name and address of the actual source of each
contribution such person has received for that committee. Any person who
makes expenditures for a committee shall disclose to that committee's
treasurer, deputy treasurer or candidate such person's own name and
address, the name and address of each person to whom an expenditure has
been made and the amount and purpose of the expenditures the person has
made for that committee.

4. No anonymous contribution of more than twenty-five dollars shall be
made by any person, and no anonymous contribution of more than
twenty-five dollars shall be accepted by any candidate or committee. If
any anonymous contribution of more than twenty-five dollars is received,
it shall be returned immediately to the contributor, if the contributor's
identity can be ascertained, and if the contributor's identity cannot be
ascertained, the candidate, committee treasurer or deputy treasurer shall
immediately transmit that portion of the contribution which exceeds
twenty-five dollars to the state treasurer and it shall escheat to the
state.

5. The maximum aggregate amount of anonymous contributions which shall be
accepted in any calendar year by any committee shall be the greater of
five hundred dollars or one percent of the aggregate amount of all
contributions received by that committee in the same calendar year. If
any anonymous contribution is received which causes the aggregate total
of anonymous contributions to exceed the foregoing limitation, it shall
be returned immediately to the contributor, if the contributor's identity
can be ascertained, and, if the contributor's identity cannot be
ascertained, the committee treasurer, deputy treasurer or candidate shall
immediately transmit the anonymous contribution to the state treasurer to
escheat to the state.

6. Notwithstanding the provisions of subsection 5 of this section,
contributions from individuals whose names and addresses cannot be
ascertained which are received from a fund-raising activity or event,
such as defined in section 130.011, shall not be deemed anonymous
contributions, provided the following conditions are met:

(1) There are twenty-five or more contributing participants in the
activity or event;

(2) The candidate, committee treasurer, deputy treasurer or the person
responsible for conducting the activity or event makes an announcement
that it is illegal for anyone to make or receive a contribution in excess
of one hundred dollars unless the contribution is accompanied by the name
and address of the contributor;

(3) The person responsible for conducting the activity or event does not
knowingly accept payment from any single person of more than one hundred
dollars unless the name and address of the person making such payment is
obtained and recorded pursuant to the record-keeping requirements of
section 130.036;

(4) A statement describing the event shall be prepared by the candidate
or the treasurer of the committee for whom the funds were raised or by
the person responsible for conducting the activity or event and attached
to the disclosure report of contributions and expenditures required by
section 130.041. The following information to be listed in the statement
is in addition to, not in lieu of, the requirements elsewhere in this
chapter relating to the recording and reporting of contributions and
expenditures:

(a) The name and mailing address of the person or persons responsible for
conducting the event or activity and the name and address of the
candidate or committee for whom the funds were raised;

(b) The date on which the event occurred;

(c) The name and address of the location where the event occurred and the
approximate number of participants in the event;

(d) A brief description of the type of event and the fund-raising methods
used;

(e) The gross receipts from the event and a listing of the expenditures
incident to the event;

(f) The total dollar amount of contributions received from the event from
participants whose names and addresses were not obtained with such
contributions and an explanation of why it was not possible to obtain the
names and addresses of such participants;

(g) The total dollar amount of contributions received from contributing
participants in the event who are identified by name and address in the
records required to be maintained pursuant to section 130.036.

7. No candidate or committee in this state shall accept contributions
from any out-of-state committee unless the out-of-state committee from
whom the contributions are received has filed a statement of organization
pursuant to section 130.021 or has filed the reports required by sections
130.049 and 130.050, whichever is applicable to that committee.

8. Any person publishing, circulating, or distributing any printed matter
relative to any candidate for public office or any ballot measure shall
on the face of the printed matter identify in a clear and conspicuous
manner the person who paid for the printed matter with the words "Paid
for by" followed by the proper identification of the sponsor pursuant to
this section. For the purposes of this section, "printed matter" shall be
defined to include any pamphlet, circular, handbill, sample ballot,
advertisement, including advertisements in any newspaper or other
periodical, sign, including signs for display on motor vehicles, or other
imprinted or lettered material; but "printed matter" is defined to
exclude materials printed and purchased prior to May 20, 1982, if the
candidate or committee can document that delivery took place prior to May
20, 1982; any sign personally printed and constructed by an individual
without compensation from any other person and displayed at that
individual's place of residence or on that individual's personal motor
vehicle; any items of personal use given away or sold, such as campaign
buttons, pins, pens, pencils, book matches, campaign jewelry, or
clothing, which is paid for by a candidate or committee which supports a
candidate or supports or opposes a ballot measure and which is obvious in
its identification with a specific candidate or committee and is reported
as required by this chapter; and any news story, commentary, or editorial
printed by a regularly published newspaper or other periodical without
charge to a candidate, committee or any other person.

(1) In regard to any printed matter paid for by a candidate from the
candidate's personal funds, it shall be sufficient identification to
print the first and last name by which the candidate is known.

(2) In regard to any printed matter paid for by a committee, it shall be
sufficient identification to print the name of the committee as required
to be registered by subsection 5 of section 130.021 and the name and
title of the committee treasurer who was serving when the printed matter
was paid for.

(3) In regard to any printed matter paid for by a corporation or other
business entity, labor organization, or any other organization not
defined to be a committee by subdivision (7) of section 130.011 and not
organized especially for influencing one or more elections, it shall be
sufficient identification to print the name of the entity, the name of
the principal officer of the entity, by whatever title known, and the
mailing address of the entity, or if the entity has no mailing address,
the mailing address of the principal officer.

(4) In regard to any printed matter paid for by an individual or
individuals, it shall be sufficient identification to print the name of
the individual or individuals and the respective mailing address or
addresses, except that if more than five individuals join in paying for
printed matter it shall be sufficient identification to print the words
"For a list of other sponsors contact:" followed by the name and address
of one such individual responsible for causing the matter to be printed,
and the individual identified shall maintain a record of the names and
amounts paid by other individuals and shall make such record available
for review upon the request of any person. No person shall accept for
publication or printing nor shall such work be completed until the
printed matter is properly identified as required by this subsection.

9. Any broadcast station transmitting any matter relative to any
candidate for public office or ballot measure as defined by this chapter
shall identify the sponsor of such matter as required by federal law.

10. The provisions of subsection* 8 or 9 of this section shall not apply
to candidates for elective federal office, provided that persons causing
matter to be printed or broadcast concerning such candidacies shall
comply with the requirements of federal law for identification of the
sponsor or sponsors.

11. It shall be a violation of this chapter for any person required to be
identified as paying for printed matter pursuant to subsection 8 of this
section or paying for broadcast matter pursuant to subsection 9 of this
section to refuse to provide the information required or to purposely
provide false, misleading, or incomplete information.

12. It shall be a violation of this chapter for any committee to offer
chances to win prizes or money to persons to encourage such persons to
endorse, send election material by mail, deliver election material in
person or contact persons at their homes; except that, the provisions of
this subsection shall not be construed to prohibit hiring and paying a
campaign staff. (L. 1978 S.B. 839, A.L. 1982 S.B. 526, A.L. 1985 H.B.
150, et al., A.L. 1990 S.B. 631, A.L. 1994 S.B. 650, A.L. 1997 S.B. 16,
A.L. 1999 S.B. 31 & 285)

*Word "subsections" appears in original rolls.

(1995) Statute may not require a speaker to make statements or
disclosures. Statute is not narrowly tailored to meet a compelling need.
Shrink Missouri Government PAC v. Maupin, 892 F.Supp. 1246 (E.D.Mo.).

1. In addition to the limitations imposed pursuant to section
130.031, the amount of contributions made by or accepted from any person
other than the candidate in any one election shall not exceed the
following:

(1) To elect an individual to the office of governor, lieutenant
governor, secretary of state, state treasurer, state auditor or attorney
general, one thousand dollars;

(2) To elect an individual to the office of state senator, five hundred
dollars;

(3) To elect an individual to the office of state representative, two
hundred fifty dollars;

(4) To elect an individual to any other office, including judicial
office, if the population of the electoral district, ward, or other unit
according to the latest decennial census is under one hundred thousand,
two hundred fifty dollars;

(5) To elect an individual to any other office, including judicial
office, if the population of the electoral district, ward, or other unit
according to the latest decennial census is at least one hundred thousand
but less than two hundred fifty thousand, five hundred dollars; and

(6) To elect an individual to any other office, including judicial
office, if the population of the electoral district, ward, or other unit
according to the latest decennial census is at least two hundred fifty
thousand, one thousand dollars.

2. For purposes of this subsection "base year amount" shall be the
contribution limits prescribed in this section on January 1, 1995. Such
limits shall be increased on the first day of January in each
even-numbered year by multiplying the base year amount by the cumulative
consumer price index, as defined in section 104.010, RSMo, and rounded to
the nearest twenty-five-dollar amount, for all years since January 1,
1995.

3. Candidate committees, exploratory committees, campaign committees and
continuing committees, other than those continuing committees which are
political party committees, shall be subject to the limits prescribed in
subsection 1 of this section. The provisions of this subsection shall not
limit the amount of contributions which may be accumulated by a candidate
committee and used for expenditures to further the nomination or election
of the candidate who controls such candidate committee, except as
provided in section 130.052*.

4. Except as limited by this subsection, the amount of cash
contributions, and a separate amount for the amount of in-kind
contributions, made by or accepted from a political party committee in
any one election shall not exceed the following:

(1) To elect an individual to the office of governor, lieutenant
governor, secretary of state, state treasurer, state auditor or attorney
general, ten thousand dollars;

(2) To elect an individual to the office of state senator, five thousand
dollars;

(3) To elect an individual to the office of state representative, two
thousand five hundred dollars; and

(4) To elect an individual to any other office of an electoral district,
ward or unit, ten times the allowable contribution limit for the office
sought.

The amount of contributions which may be made by or accepted from a
political party committee in the primary election to elect any candidate
who is unopposed in such primary shall be fifty percent of the amount of
the allowable contributions as determined in this subsection.

5. Contributions from persons under fourteen years of age shall be
considered made by the parents or guardians of such person and shall be
attributed toward any contribution limits prescribed in this chapter.
Where the contributor under fourteen years of age has two custodial
parents or guardians, fifty percent of the contribution shall be
attributed to each parent or guardian, and where such contributor has one
custodial parent or guardian, all such contributions shall be attributed
to the custodial parent or guardian.

6. Contributions received and expenditures made prior to January 1, 1995,
shall be reported as a separate account and pursuant to the laws in
effect at the time such contributions are received or expenditures made.
Contributions received and expenditures made after January 1, 1995, shall
be reported as a separate account from the aforementioned account and
pursuant to the provisions of this chapter. The account reported pursuant
to the prior law shall be retained as a separate account and any
remaining funds in such account may be used pursuant to this chapter and
section 130.034.

7. Any committee which accepts or gives contributions other than those
allowed shall be subject to a surcharge of one thousand dollars plus an
amount equal to the contribution per nonallowable contribution, to be
paid to the ethics commission and which shall be transferred to the
director of revenue, upon notification of such nonallowable contribution
by the ethics commission, and after the candidate has had ten business
days after receipt of notice to return the contribution to the
contributor. The candidate and the candidate committee treasurer or
deputy treasurer owing a surcharge shall be personally liable for the
payment of the surcharge or may pay such surcharge only from campaign
funds existing on the date of the receipt of notice. Such surcharge shall
constitute a debt to the state enforceable under, but not limited to, the
provisions of chapter 143, RSMo. (L. 1994 S.B. 650, A.L. 1997 S.B. 16)

*Section 130.052 was repealed by S.B. 16, 1997.

(1996) Ban on accepting contributions during legislative session violates
First Amendment rights and is therefor unconstitutional. Shrink Missouri
Government PAC v. Maupin, 922 F.Supp. 1413 (E.D.Mo.)

(1998) Campaign contribution limitations do have a compelling
governmental interest and are narrowly tailored and are not
unconstitutional. Shrink Missouri Government, PAC v. Adams, 5 F.Supp.2d
734 (E.D.Mo.).

(1998) Statute violates first amendment freedom of speech and is
unconstitutional as to statewide offices. Shrink Missouri Government PAC
v. Adams, 161 F.3d 519 (8th Cir.).

(2000) The contribution limits provided in section 130.032 do not
unconstitutionally suppress political advocacy. Nixon v. Shrink Missouri
Government PAC, 120 S.Ct. 897.

(2000) The contribution limits provided in section 130.032 do not
unconstitutionally suppress political advocacy. Shrink Missouri
Government PAC v. Adams, 204 F.3d 838 (8th Cir.).

(2000) Limitation on amount of cash and in-kind contributions that
political parties may give to candidates for public office violates
freedom of speech rights of the political parties. Missouri Republican
Party v. Lamb, 227 F.3d 1070 (8th Cir.).

(2001) On remand, limitation on amount of cash and in-kind contributions
that political parties may give to candidates for public office does not
violate freedom of speech rights of the political parties. Missouri
Republican Party v. Lamb, 270 F.3d 567 (8th Cir.).

(2002) Limitation on amounts that political party committees may
contribute to candidates is a valid exercise of the state's police power.
Missouri Libertarian Party v. Conger, 88 S.W.3d 446 (Mo.banc).

Any reasonable attorney's fees accrued by a person who is the
subject of a complaint which are used in defending such person in any
matter resulting in an investigation arising from holding or running for
public office may be paid out of such person's committee, as defined in
section 130.011. (L. 1999 S.B. 31 & 285 § 1)

1. Contributions as defined in section 130.011, received by any
committee shall not be converted to any personal use.

2. Contributions may be used for any purpose allowed by law including,
but not limited to:

(1) Any ordinary expenses incurred relating to a campaign;

(2) Any ordinary and necessary expenses incurred in connection with the
duties of a holder of elective office;

(3) Any expenses associated with the duties of candidacy or of elective
office pertaining to the entertaining of or providing social courtesies
to constituents, professional associations, or other holders of elective
office;

(4) The return of any contribution to the person who made the
contribution to the candidate or holder of elective office;

(5) To contribute to a political organization or candidate committee as
allowed by law;

(6) To establish a new committee as defined by this chapter;

(7) To make an unconditional gift which is fully vested to any
charitable, fraternal or civic organizations or other associations formed
to provide for some good in the order of benevolence, if such candidate,
former candidate or holder of elective office or such person's immediate
family gain no direct financial benefit from the unconditional gift;

(8) Except when such candidate, former candidate or holder of elective
office dies while the committee remains in existence, the committee may
make an unconditional gift to a fund established for the benefit of the
spouse and children of the candidate, former candidate or holder of
elective office. The provisions of this subdivision shall expire October
1, 1997.

3. Upon the death of the candidate, former candidate or holder of
elective office who received such contributions, all contributions shall
be disposed of according to this section and any funds remaining after
final settlement of the candidate's decedent's estate, or if no estate is
opened, then twelve months after the candidate's death, will escheat to
the state of Missouri to be deposited in the general revenue fund.

4. No contributions, as defined in section 130.011, received by a
candidate, former candidate or holder of elective office shall be used to
make restitution payments ordered of such individual by a court of law or
for the payment of any fine resulting from conviction of a violation of
any local, state or federal law.

5. Committees described in subdivision (17) of section 130.011 shall make
expenditures only for the purpose of determining whether an individual
will be a candidate. Such expenditures include polling information,
mailings, personal appearances, telephone expenses, office and travel
expenses but may not include contributions to other candidate committees.

6. Any moneys in the exploratory committee fund may be transferred to the
candidate committee upon declaration of candidacy for the position being
explored. Such funds shall be included for the purposes of reporting and
limitation. In the event that candidacy is not declared for the position
being explored, the remaining exploratory committee funds shall be
returned to the contributors on a pro rata basis. In no event shall the
amount returned exceed the amount given by each contributor nor be less
than ten dollars. (L. 1994 S.B. 650, A.L. 1995 H.B. 484, et al., A.L.
1997 S.B. 16)

1. The candidate, treasurer or deputy treasurer of a committee
shall maintain accurate records and accounts on a current basis. The
records and accounts shall be maintained in accordance with accepted
normal bookkeeping procedures and shall contain the bills, receipts,
deposit records, canceled checks and other detailed information necessary
to prepare and substantiate any statement or report required to be filed
pursuant to this chapter. Every person who acts as an agent for a
committee in receiving contributions, making expenditures or incurring
indebtedness for the committee shall, on request of that committee's
treasurer, deputy treasurer or candidate, but in any event within five
days after any such action, render to the candidate, committee treasurer
or deputy treasurer a detailed account thereof, including names,
addresses, dates, exact amounts and any other details required by the
candidate, treasurer or deputy treasurer to comply with this chapter.
Notwithstanding the provisions of subsection 4 of section 130.021
prohibiting commingling of funds, an individual, trade or professional
association, business entity, or labor organization which acts as an
agent for a committee in receiving contributions may deposit
contributions received on behalf of the committee to the agent's account
within a financial institution within this state, for purposes of
facilitating transmittal of the contributions to the candidate, committee
treasurer or deputy treasurer. Such contributions shall not be held in
the agent's account for more than five days after the date the
contribution was received by the agent, and shall not be transferred to
the account of any other agent or person, other than the committee
treasurer.

2. Unless a contribution is rejected by the candidate or committee and
returned to the donor or transmitted to the state treasurer within ten
business days after its receipt, it shall be considered received and
accepted on the date received, notwithstanding the fact that it was not
deposited by the closing date of a reporting period.

3. Notwithstanding the provisions of section 130.041 that only
contributors of more than one hundred dollars shall be reported by name
and address for all committees, the committee's records shall contain a
listing of each contribution received by the committee, including those
accepted and those which are rejected and either returned to the donor or
transmitted to the state treasurer. Each contribution, regardless of the
amount, shall be recorded by date received, name and address of the
contributor and the amount of the contribution, except that any
contributions from unidentifiable persons which are received through
fund-raising activities and events as permitted in subsection 6 of
section 130.031 shall be recorded to show the dates and amounts of all
such contributions received together with information contained in
statements required by subsection 6 of section 130.031. The procedure for
recording contributions shall be of a type which enables the candidate,
committee treasurer or deputy treasurer to maintain a continuing total of
all contributions received from any one contributor.

4. Notwithstanding the provisions of section 130.041 that certain
expenditures need not be identified in reports by name and address of the
payee, the committee's records shall include a listing of each
expenditure made and each contract, promise or agreement to make an
expenditure, showing the date and amount of each transaction, the name
and address of the person to whom the expenditure was made or promised,
and the purpose of each expenditure made or promised.

5. In the case of a committee which makes expenditures for both the
support or opposition of any candidate and the passage or defeat of a
ballot measure, the committee treasurer shall maintain records segregated
according to each candidate or measure for which the expenditures were
made.

6. Records shall indicate which transactions, either contributions
received or expenditures made, were cash transactions or in-kind
transactions.

7. Any candidate who, pursuant to section 130.016, is exempt from the
requirements to form a committee shall maintain records of each
contribution received or expenditure made in support of his candidacy.
Any other person or combination of persons who, although not deemed to be
a committee according to the definition of the term "committee" in
section 130.011, accepts contributions or makes expenditures, other than
direct contributions from the person's own funds, for the purpose of
supporting or opposing the election or defeat of any candidate or for the
purpose of supporting or opposing the qualifications, passage or defeat
of any ballot measure shall maintain records of each contribution
received or expenditure made. The records shall include name, address and
amount pertaining to each contribution received or expenditure made and
any bills, receipts, canceled checks or other documents relating to each
transaction.

8. All records and accounts of receipts and expenditures shall be
preserved for at least three years after the date of the election to
which the records pertain. Records and accounts regarding supplemental
disclosure reports or reports not required pursuant to an election shall
be preserved for at least three years after the date of the report to
which the records pertain. Such records shall be available for inspection
by the campaign finance review board and its duly authorized
representatives. (L. 1978 S.B. 839, A.L. 1985 H.B. 150, et al., A.L. 1997
S.B. 16, A.L. 1999 S.B. 31 & 285)

Any candidate may file a supplemental report containing
information required pursuant to section 130.041, for the purposes of
this section. Candidates whose supplemental report filed within thirty
days of August 28, 1997, or whose report filed pursuant to subdivision
(2) of subsection 1 of section 130.046 reflects outstanding obligations
in excess of moneys on hand, may convert their campaign committee to a
debt service committee as provided in this section. If a debt service
committee is formed, the committee may accept contributions from any
person as long as the aggregate contribution from such person does not
exceed the limits set, pursuant to section 130.032, for the aggregating
period, pursuant to subdivision (1) of subsection 2 of section 130.041,
in which the debt was incurred. A person who contributes to a debt
service committee of a candidate may also contribute to the candidate's
campaign committee for a succeeding election up to the amounts specified
in section 130.032. The treasurer and the candidate shall terminate the
debt service committee pursuant to section 130.021 when the contributions
received exceed the amount of the debt, and within thirty days the
committee shall file disclosure reports pursuant to section 130.041 and
shall return any excess moneys received to the contributor or
contributors, if known, otherwise such moneys shall escheat to the state.
No debt service committee shall be in existence more than eighteen
months. (L. 1995 H.B. 484, et al., A.L. 1996 H.B. 1557 & 1489, A.L. 1997
S.B. 16)

1. Except as provided in subsection 5 of section 130.016, the
candidate, if applicable, treasurer or deputy treasurer of every
committee which is required to file a statement of organization, shall
file a legibly printed or typed disclosure report of receipts and
expenditures. The reports shall be filed with the appropriate officer
designated in section 130.026 at the times and for the periods prescribed
in section 130.046. Except as provided in sections 130.049 and 130.050,
each report shall set forth:

(1) The full name, as required in the statement of organization pursuant
to subsection 5 of section 130.021, and mailing address of the committee
filing the report and the full name, mailing address and telephone number
of the committee's treasurer and deputy treasurer if the committee has
named a deputy treasurer;

(2) The amount of money, including cash on hand at the beginning of the
reporting period;

(3) Receipts for the period, including:

(a) Total amount of all monetary contributions received which can be
identified in the committee's records by name and address of each
contributor. In addition, the candidate committee shall make a reasonable
effort to obtain and report the employer, or occupation if self-employed
or notation of retirement, of each person from whom the committee
received one or more contributions which in the aggregate total in excess
of one hundred dollars and shall make a reasonable effort to obtain and
report a description of any contractual relationship over five hundred
dollars between the contributor and the state if the candidate is seeking
election to a state office or between the contributor and any political
subdivision of the state if the candidate is seeking election to another
political subdivision of the state;

(b) Total amount of all anonymous contributions accepted;

(c) Total amount of all monetary contributions received through
fund-raising events or activities from participants whose names and
addresses were not obtained with such contributions, with an attached
statement or copy of the statement describing each fund-raising event as
required in subsection 6 of section 130.031;

(d) Total dollar value of all in-kind contributions received;

(e) A separate listing by name and address and employer, or occupation if
self-employed or notation of retirement, of each person from whom the
committee received contributions, in money or any other thing of value,
aggregating more than one hundred dollars, together with the date and
amount of each such contribution;

(f) A listing of each loan received by name and address of the lender and
date and amount of the loan. For each loan of more than one hundred
dollars, a separate statement shall be attached setting forth the name
and address of the lender and each person liable directly, indirectly or
contingently, and the date, amount and terms of the loan;

(4) Expenditures for the period, including:

(a) The total dollar amount of expenditures made by check drawn on the
committee's depository;

(b) The total dollar amount of expenditures made in cash;

(c) The total dollar value of all in-kind expenditures made;

(d) The full name and mailing address of each person to whom an
expenditure of money or any other thing of value in the amount of more
than one hundred dollars has been made, contracted for or incurred,
together with the date, amount and purpose of each expenditure.
Expenditures of one hundred dollars or less may be grouped and listed by
categories of expenditure showing the total dollar amount of expenditures
in each category, except that the report shall contain an itemized
listing of each payment made to campaign workers by name, address, date,
amount and purpose of each payment and the aggregate amount paid to each
such worker;

(e) A list of each loan made, by name and mailing address of the person
receiving the loan, together with the amount, terms and date;

(5) The total amount of cash on hand as of the closing date of the
reporting period covered, including amounts in depository accounts and in
petty cash fund;

(6) The total amount of outstanding indebtedness as of the closing date
of the reporting period covered;

(7) The amount of expenditures for or against a candidate or ballot
measure during the period covered and the cumulative amount of
expenditures for or against that candidate or ballot measure, with each
candidate being listed by name, mailing address and office sought. For
the purpose of disclosure reports, expenditures made in support of more
than one candidate or ballot measure or both shall be apportioned
reasonably among the candidates or ballot measure or both. In
apportioning expenditures to each candidate or ballot measure, political
party committees and continuing committees need not include expenditures
for maintaining a permanent office, such as expenditures for salaries of
regular staff, office facilities and equipment or other expenditures not
designed to support or oppose any particular candidates or ballot
measures; however, all such expenditures shall be listed pursuant to
subdivision (4) of this subsection;

(8) A separate listing by full name and address of any committee
including a candidate committee controlled by the same candidate for
which a transfer of funds or a contribution in any amount has been made
during the reporting period, together with the date and amount of each
such transfer or contribution;

(9) A separate listing by full name and address of any committee,
including a candidate committee controlled by the same candidate from
which a transfer of funds or a contribution in any amount has been
received during the reporting period, together with the date and amount
of each such transfer or contribution;

(10) Each committee that receives a contribution which is restricted or
designated in whole or in part by the contributor for transfer to a
particular candidate, committee or other person shall include a statement
of the name and address of that contributor in the next disclosure report
required to be filed after receipt of such contribution, together with
the date and amount of any such contribution which was so restricted or
designated by that contributor, together with the name of the particular
candidate or committee to whom such contribution was so designated or
restricted by that contributor and the date and amount of such
contribution.

2. For the purpose of this section and any other section in this chapter
except sections 130.049 and 130.050 which requires a listing of each
contributor who has contributed a specified amount, the aggregate amount
shall be computed by adding all contributions received from any one
person during the following periods:

(1) In the case of a candidate committee, the period shall begin on the
date on which the candidate became a candidate according to the
definition of the term "candidate" in section 130.011 and end at 11:59
p.m. on the day of the primary election, if the candidate has such an
election or at 11:59 p.m. on the day of the general election. If the
candidate has a general election held after a primary election, the next
aggregating period shall begin at 12:00 midnight on the day after the
primary election day and shall close at 11:59 p.m. on the day of the
general election. Except that for contributions received during the
thirty-day period immediately following a primary election, the candidate
shall designate whether such contribution is received as a primary
election contribution or a general election contribution;

(2) In the case of a campaign committee, the period shall begin on the
date the committee received its first contribution and end on the closing
date for the period for which the report or statement is required;

(3) In the case of a political party committee or a continuing committee,
the period shall begin on the first day of January of the year in which
the report or statement is being filed and end on the closing date for
the period for which the report or statement is required; except, if the
report or statement is required to be filed prior to the first day of
July in any given year, the period shall begin on the first day of July
of the preceding year.

3. The disclosure report shall be signed and attested by the committee
treasurer or deputy treasurer and by the candidate in case of a candidate
committee.

4. The words "consulting or consulting services, fees, or expenses", or
similar words, shall not be used to describe the purpose of a payment as
required in this section. The reporting of any payment to such an
independent contractor shall be on a form supplied by the appropriate
officer, established by the ethics commission and shall include
identification of the specific service or services provided including,
but not limited to, public opinion polling, research on issues or
opposition background, print or broadcast media production, print or
broadcast media purchase, computer programming or data entry, direct mail
production, postage, rent, utilities, phone solicitation, or fund
raising, and the dollar amount prorated for each service. (L. 1978 S.B.
839, A.L. 1985 H.B. 150, et al., A.L. 1990 S.B. 631, A.L. 1993 S.B. 31,
A.L. 1994 S.B. 650, A.L. 1995 H.B. 484, et al., A.L. 1997 H.B. 526, S.B.
16, A.L. 1999 S.B. 31 & 285)

Other provisions of the law to the contrary notwithstanding,
persons running for or serving as a county committee member for a
political party pursuant to section 115.609, RSMo, may consolidate all
campaign disclosure filings with the committee member's ward
organization, provided however, that all limits and restrictions
applicable to candidates shall still apply and any consolidated report
shall clearly identify the amount and source of any and all funds
received or spent on behalf of the committeeman or committeewoman of the
ward. (L. 1996 H.B. 1557 & 1489 § 4)

Effective 6-13-96

1. The disclosure reports required by section 130.041 for all
committees shall be filed at the following times and for the following
periods:

(1) Not later than the eighth day before an election for the period
closing on the twelfth day before the election if the committee has made
any contribution or expenditure either in support or opposition to any
candidate or ballot measure;

(2) Not later than the thirtieth day after an election for a period
closing on the twenty-fifth day after the election, if the committee has
made any contribution or expenditure either in support of or opposition
to any candidate or ballot measure; except that, a successful candidate
who takes office prior to the twenty-fifth day after the election shall
have complied with the report requirement of this subdivision if a
disclosure report is filed by such candidate and any candidate committee
under the candidate's control before such candidate takes office, and
such report shall be for the period closing on the day before taking
office; and

(3) Not later than the fifteenth day following the close of each calendar
quarter.

Notwithstanding the provisions of this subsection, if any committee
accepts contributions or makes expenditures in support of or in
opposition to a ballot measure or a candidate, and the report required by
this subsection for the most recent calendar quarter is filed prior to
the fortieth day before the election on the measure or candidate, the
committee shall file an additional disclosure report not later than the
fortieth day before the election for the period closing on the
forty-fifth day before the election.

2. In the case of a ballot measure to be qualified to be on the ballot by
initiative petition or referendum petition, or a recall petition seeking
to remove an incumbent from office, disclosure reports relating to the
time for filing such petitions shall be made as follows:

(1) In addition to the disclosure reports required to be filed pursuant
to subsection 1 of this section the treasurer of a committee, other than
a continuing committee, supporting or opposing a petition effort to
qualify a measure to appear on the ballot or to remove an incumbent from
office shall file an initial disclosure report fifteen days after the
committee begins the process of raising or spending money. After such
initial report, the committee shall file quarterly disclosure reports as
required by subdivision (3) of subsection 1 of this section until such
time as the reports required by subdivisions (1) and (2) of subsection 1
of this section are to be filed. In addition the committee shall file a
second disclosure report no later than the fifteenth day after the
deadline date for submitting such petition. The period covered in the
initial report shall begin on the day the committee first accepted
contributions or made expenditures to support or oppose the petition
effort for qualification of the measure and shall close on the fifth day
prior to the date of the report;

(2) If the measure has qualified to be on the ballot in an election and
if a committee subject to the requirements of subdivision (1) of this
subsection is also required to file a preelection disclosure report for
such election any time within thirty days after the date on which
disclosure reports are required to be filed in accordance with
subdivision (1) of this subsection, the treasurer of such committee shall
not be required to file the report required by subdivision (1) of this
subsection, but shall include in the committee's preelection report all
information which would otherwise have been required by subdivision (1)
of this subsection.

3. The candidate, if applicable, treasurer or deputy treasurer of a
committee shall file disclosure reports pursuant to this section, except
for any calendar quarter in which the contributions received by the
committee or the expenditures or contributions made by the committee do
not exceed five hundred dollars. The reporting dates and periods covered
for such quarterly reports shall not be later than the fifteenth day of
January, April, July and October for periods closing on the thirty-first
day of December, the thirty-first day of March, the thirtieth day of June
and the thirtieth day of September. No candidate, treasurer or deputy
treasurer shall be required to file the quarterly disclosure report
required not later than the fifteenth day of any January immediately
following a November election, provided that such candidate, treasurer or
deputy treasurer shall file the information required on such quarterly
report on the quarterly report to be filed not later than the fifteenth
day of April immediately following such November election. Each report by
such committee shall be cumulative from the date of the last report. In
the case of the continuing committee's first report, the report shall be
cumulative from the date of the continuing committee's organization.
Every candidate, treasurer or deputy treasurer shall file, at a minimum,
the campaign disclosure reports covering the quarter immediately
preceding the date of the election and those required by subdivisions (1)
and (2) of subsection 1 of this section. A continuing committee shall
submit additional reports if it makes aggregate expenditures, other than
contributions to a committee, of five hundred dollars or more, within the
reporting period at the following times for the following periods:

(1) Not later than the eighth day before an election for the period
closing on the twelfth day before the election;

(2) Not later than forty-eight hours after aggregate expenditures of five
hundred dollars or more are made after the twelfth day before the
election; and

(3) Not later than the thirtieth day after an election for a period
closing on the twenty-fifth day after the election.

4. The reports required to be filed no later than the thirtieth day after
an election and any subsequently required report shall be cumulative so
as to reflect the total receipts and disbursements of the reporting
committee for the entire election campaign in question. The period
covered by each disclosure report shall begin on the day after the
closing date of the most recent disclosure report filed and end on the
closing date for the period covered. If the committee has not previously
filed a disclosure report, the period covered begins on the date the
committee was formed; except that in the case of a candidate committee,
the period covered begins on the date the candidate became a candidate
according to the definition of the term candidate in section 130.011.

5. Notwithstanding any other provisions of this chapter to the contrary:

(1) Certain disclosure reports pertaining to any candidate who receives
nomination in a primary election and thereby seeks election in the
immediately succeeding general election shall not be required in the
following cases:

(a) If there are less than fifty days between a primary election and the
immediately succeeding general election, the disclosure report required
to be filed quarterly; provided that, any other report required to be
filed prior to the primary election and all other reports required to be
filed not later than the eighth day before the general election are filed
no later than the final dates for filing such reports;

(b) If there are less than eighty-five days between a primary election
and the immediately succeeding general election, the disclosure report
required to be filed not later than the thirtieth day after the primary
election need not be filed; provided that any report required to be filed
prior to the primary election and any other report required to be filed
prior to the general election are filed no later than the final dates for
filing such reports; and

(2) No disclosure report needs to be filed for any reporting period if
during that reporting period the committee has neither received
contributions aggregating more than five hundred dollars nor made
expenditure aggregating more than five hundred dollars and has not
received contributions aggregating more than three hundred dollars from
any single contributor and if the committee's treasurer files a statement
with the appropriate officer that the committee has not exceeded the
identified thresholds in the reporting period. Any contributions received
or expenditures made which are not reported because this statement is
filed in lieu of a disclosure report shall be included in the next
disclosure report filed by the committee. This statement shall not be
filed in lieu of the report for two or more consecutive disclosure
periods if either the contributions received or expenditures made in the
aggregate during those reporting periods exceed five hundred dollars.
This statement shall not be filed, in lieu of the report, later than the
thirtieth day after an election if that report would show a deficit of
more than one thousand dollars.

6. (1) If the disclosure report required to be filed by a committee not
later than the thirtieth day after an election shows a deficit of unpaid
loans and other outstanding obligations in excess of five thousand
dollars, semiannual supplemental disclosure reports shall be filed with
the appropriate officer for each succeeding semiannual period until the
deficit is reported in a disclosure report as being reduced to five
thousand dollars or less; except that, a supplemental semiannual report
shall not be required for any semiannual period which includes the
closing date for the reporting period covered in any regular disclosure
report which the committee is required to file in connection with an
election. The reporting dates and periods covered for semiannual reports
shall be not later than the fifteenth day of January and July for periods
closing on the thirty-first day of December and the thirtieth day of June;

(2) Committees required to file reports pursuant to subsection 2 or 3 of
this section which are not otherwise required to file disclosure reports
for an election shall file semiannual reports as required by this
subsection if their last required disclosure report shows a total of
unpaid loans and other outstanding obligations in excess of five thousand
dollars.

7. In the case of a committee which disbands and is required to file a
termination statement pursuant to the provisions of section 130.021 with
the appropriate officer not later than the tenth day after the committee
was dissolved, the candidate, committee treasurer or deputy treasurer
shall attach to the termination statement a complete disclosure report
for the period closing on the date of dissolution. A committee shall not
utilize the provisions of subsection 8 of section 130.021 or the
provisions of this subsection to circumvent or otherwise avoid the
reporting requirements of subsection 6 or 7 of this section.

8. Disclosure reports shall be filed with the appropriate officer not
later than 5:00 p.m. prevailing local time of the day designated for the
filing of the report and a report postmarked not later than midnight of
the day previous to the day designated for filing the report shall be
deemed to have been filed in a timely manner. The appropriate officer may
establish a policy whereby disclosure reports may be filed by facsimile
transmission. (L. 1978 S.B. 839, A.L. 1979 S.B. 129, A.L. 1985 H.B. 150,
et al., A.L. 1986 H.B. 1471, et al., A.L. 1990 S.B. 631, A.L. 1993 S.B.
31, A.L. 1994 S.B. 650, A.L. 1995 H.B. 484, et al., A.L. 1997 S.B. 16,
A.L. 1999 S.B. 31 & 285, A.L. 2002 H.B. 1492)

Any person who is not a defined committee who makes an
expenditure or expenditures aggregating five hundred dollars or more in
support of, or opposition to, one or more candidates or in support of, or
in opposition to, the qualification or passage of one or more ballot
measures, other than a contribution made directly to a candidate or
committee, shall file a report signed by the person making the
expenditures, or that person's authorized agent. The report shall include
the name and address of the person making the expenditure, the date and
amount of the expenditure or expenditures, the name and address of the
payee, and a description of the nature and purpose of each expenditure.
Such report shall be filed with the appropriate officer having
jurisdiction over the election of the candidate or ballot measure in
question as set forth in section 130.026 no later than fourteen days
after the date of making an expenditure which by itself or when added to
all other such expenditures during the same campaign equals five hundred
dollars or more. If, after filing such report, additional expenditures
are made, a further report shall be filed no later than fourteen days
after the date of making the additional expenditures; except that, if any
such expenditure is made within fourteen days prior to an election, the
report shall be filed no later than forty-eight hours after the date of
such expenditure. The provisions of this subsection shall not apply to a
person who uses only the person's funds or resources to make an
expenditure or expenditures in support of or in coordination or
consultation with a candidate or committee; provided that, any such
expenditure is recorded as a contribution to such candidate or committee
and so reported by the candidate or committee being supported by the
expenditure or expenditures. (L. 1997 S.B. 16 § 130.047 subsec. 1)

The internal dissemination by any membership organization,
proprietorship, labor organization, corporation, association or other
entity, except a committee as defined in section 130.011, of information
advocating the election or defeat of a candidate or the passage or defeat
of a ballot measure to its members, employees or shareholders, the cost
of which is more than two thousand dollars in support of or in opposition
to one or more candidates or in support of or in opposition to the
qualification or passage of one or more ballot measures in a calendar
year, other than a contribution made directly to a candidate or
committee, shall be reported in a report signed by the person responsible
for making the expenditure or that person's authorized agent. The report
shall include the name and address of the person making the expenditure,
the date and amount of the expenditure or expenditures, the name and
address of the payee and a description of nature and purpose of the
dissemination of information. Such report shall be filed with the
appropriate officer having jurisdiction over the election of the
candidate or ballot measure in question as set forth in section 130.026
no later than fourteen days after the date of making an expenditure. If,
after filing such report, additional expenditures are made, a further
report shall be filed at the date set forth in section 130.046 for any
reporting period in which the additional expenditures are made; except
that, such expenditure is made no later than fourteen days prior to an
election, the report shall be filed no later than forty-eight hours after
the date of such expenditure. (L. 1997 S.B. 16)

An out-of-state committee which according to the provisions of
subsection 10 of section 130.021 is not required to file a statement of
organization and is not required to file the full disclosure reports
required by section 130.041 shall file reports with the Missouri ethics
commission according to the provisions of such sections if the committee
makes contributions or expenditures in support of or in opposition to
candidates or ballot measures in this state in any election covered by
this chapter or makes contributions to any committee domiciled in this
state. An initial report shall be filed no later than fourteen days prior
to the date such out-of-state committee first makes a contribution or
expenditure in this state. Such initial report shall state the name and
address of the committee receiving such contributions or expenditures.
The contributions or expenditures shall be made no later than thirty days
prior to the election. The out-of-state committee thereafter shall file
copies of the campaign disclosure report required to be filed in the
domicile of the committee with the Missouri ethics commission as required
by subsections 1 to 3 of section 130.046. No candidate or committee may
accept any contribution made by a committee domiciled outside this state
unless the provisions of this section are met. (L. 1997 S.B. 16)

1. An out-of-state committee which, according to the provisions
of subsection 10 of section 130.021, is not required to file a statement
of organization and is not required to file the full disclosure reports
required by section 130.041 shall file reports with the Missouri ethics
commission according to the provisions of this subsection if the
committee makes contributions or expenditures in support of or in
opposition to candidates or ballot measures in this state in any election
covered by this chapter or makes contributions to any committee domiciled
in this state. An initial report shall be filed on or within fourteen
days prior to the date such out-of-state committee first makes a
contribution or expenditure in this state, and thereafter reports shall
be filed at the times and for the reporting periods prescribed in
subsection 1 of section 130.046. Each report shall contain:

(1) The full name, address and domicile of the committee making the
report and the name, residential and business addresses, domicile and
telephone numbers of the committee's treasurer;

(2) The name and address of any entity such as a labor union, trade or
business or professional association, club or other organization or any
business entity with which the committee is affiliated;

(3) A statement of the total dollar amount of all funds received by the
committee in the current calendar year and a statement of the total
contributions in the same period from persons domiciled in this state and
a list by name, address, date and amount of each Missouri resident who
contributed an aggregate of more than two hundred dollars in the current
calendar year;

(4) A list by name, address, date and amount regarding any contributor to
the out-of-state committee, regardless of state of residency, who made a
contribution during the reporting period which was restricted or
designated in whole or in part for use in supporting or opposing a
candidate, ballot measure or committee in this state or was restricted
for use in this state at the committee's discretion, or a statement that
no such contributions were received;

(5) A statement as to whether the committee is required to file reports
with the Federal Election Commission, and a listing of agencies in other
states with which the committee files reports, if any;

(6) A separate listing showing contributions made in support of or
opposition to each candidate or ballot measure in this state, together
with the date and amount of each contribution;

(7) A separate listing showing contributions made to any committee
domiciled in this state with the date and amount of each contribution.

2. In the case of a political party committee's selection of an
individual to be the party's nominee for public office in an election
covered by this chapter, any individual who seeks such nomination and who
is a candidate according to the definition of the term candidate in
section 130.011 shall be required to comply with all requirements of this
chapter; except that, for the purposes of this subsection, the reporting
dates and reporting periods in section 130.046 shall not apply, and the
first reporting date shall be no later than the fifteenth day after the
date on which a nomination covered by this subsection was made and for
the period beginning on the date the individual became a candidate, as
the term candidate is defined in section 130.011, and closing on the
tenth day after the date the nomination was made, with subsequent reports
being made as closely as practicable to the times required in section
130.046.

3. The receipt of any late contribution or loan of more than two hundred
fifty dollars by a candidate committee supporting a candidate for
statewide office or by any other committee shall be reported to the
appropriate officer no later than forty-eight hours after receipt. For
purposes of this subsection the term "late contribution or loan" means a
contribution or loan received after the closing date of the last
disclosure report required to be filed before an election but received
prior to the date of the election itself. The disclosure report of a late
contribution may be made by any written means of communication, setting
forth the name and address of the contributor or lender and the amount of
the contribution or loan and need not contain the signatures and
certification required for a full disclosure report described in section
130.041. A late contribution or loan shall be included in subsequent
disclosure reports without regard to any special reports filed pursuant
to this subsection. (L. 1997 S.B. 16, A.L. 1999 S.B. 31 & 285)

*No continuity with § 130.050 as repealed by L. 1978 S.B. 839.

1. Notwithstanding the provisions of subsection 3 of section
105.957, RSMo, any natural person may file a complaint with the Missouri
ethics commission alleging failure to timely or accurately file a
personal financial disclosure statement, a campaign finance disclosure
report or a violation of the provisions of this chapter by any candidate
for elective office, within sixty days prior to the primary election at
which such candidate is running for office, until after the general
election. Any such complaint shall be in writing, shall state all facts
known by the complainant which have given rise to the complaint, and
shall be sworn to, under penalty of perjury, by the complainant.

2. Within the first business day after receipt of a complaint pursuant to
this section, the executive director shall supply a copy of the complaint
to the person or entity named in the complaint, deleting any material
identifying the name of the complainant. The executive director shall
notify the complainant and the person or entity named in the complaint of
the date and time at which the commission shall audit and investigate the
allegations contained in the complaint pursuant to subsection 3 of this
section.

3. Within fifteen business days of receipt of a complaint pursuant to
this section, the commission shall audit and investigate the allegations
contained in the complaint and shall determine by a vote of at least four
members of the commission that there are reasonable grounds to believe
that a violation of law has occurred within the jurisdiction of the
commission. The respondent may reply in writing or in person to the
allegations contained in the complaint and may state justifications to
dismiss the complaint. The complainant may also present evidence in
support of the allegations contained in the complaint, but such evidence
shall be limited in scope to the allegations contained in the original
complaint, and such complaint may not be supplemented or otherwise
enlarged in scope.

4. If, after audit and investigation of the complaint and upon a vote of
at least four members of the commission, the commission determines that
there are reasonable grounds to believe that a violation of law has
occurred within the jurisdiction of the commission, the commission shall
proceed with such complaint as provided by sections 105.957 to 105.963,
RSMo. If the commission does not determine that there are reasonable
grounds to believe that such a violation of law has occurred, the
complaint shall be dismissed. If a complaint is dismissed, the fact that
such complaint was dismissed, with a statement of the nature of the
complaint, shall be made public within twenty-four hours of the
commission's action.

5. Any complaint made pursuant to this section, and all proceedings and
actions concerning such a complaint, shall be subject to the provisions
of subsection 15 of section 105.961, RSMo. (L. 1994 S.B. 650, A.L. 1997
S.B. 16)

1. The executive director of the Missouri ethics commission
shall:

(1) Take such steps as are necessary to disseminate among the general
public such information as may serve to guide all persons who are or may
become subject to the provisions of this chapter for the purpose of
facilitating voluntary compliance with the purposes and provisions of
this chapter;

(2) Be responsible for expediting the filing of all reports, statements
and other information required to be filed pursuant to the provisions of
this chapter and, in connection therewith, be responsible for developing
procedures whereby all candidates shall be informed of the provisions of
section 130.016 so as to assure the timely filing of statements which
some candidates are eligible to file as provided in section 130.016;

(3) Develop and publish forms and printed instructional material and
furnish such forms and instructions to persons required to file reports
and statements pursuant to the provisions of this chapter, together with
a summary of the provisions of chapter 115, RSMo, which apply to
candidates and committees covered by this chapter, provided, however,
such forms shall not seek information which is not specifically required
by this chapter. All forms furnished pursuant to this chapter shall
clearly state in readable type on the face of the form the date on which
the form became effective. The forms published by the executive director
shall provide for compliance with reporting and other provisions of this
chapter. Any report form published by the executive director for purposes
of compliance with section 130.041 shall provide for reporting
contributions from individuals, corporations, labor organizations and
fictitious entities and contributions from committees on the same form.
Contributions from committees shall be listed first on each report form.
All expenditures shall also be reported on a single report form;

(4) Develop a filing, coding and cross-indexing system for reports and
statements required to be filed with the Missouri ethics commission, and
preserve such reports and statements for a period of not less than five
years from date of receipt;

(5) Make the reports and statements filed with the Missouri ethics
commission available for public inspection and copying, commencing as
soon as practicable but not later than the end of the second day after
which a report was received, and permit copying of any such report or
statement by hand or by duplicating machine, as requested by any person,
at the expense of such person, but no information obtained from such
reports and statements shall be sold or utilized by any person for any
commercial purpose;

(6) Examine each report and statement filed with the Missouri ethics
commission pursuant to the requirements of this chapter to determine if
the statements are properly completed and filed within the time required
by this chapter;

(7) Notify a person required to file a report or statement pursuant to
this chapter with the Missouri ethics commission immediately if, upon
examination of the official ballot or other circumstances surrounding any
election, it appears that the person has failed to file a report or
statement as required by law;

(8) From reports filed with the Missouri ethics commission, prepare and
publish an annual report including compilations of amounts contributed
and expended for the influencing of nominations and elections;

(9) Prepare and publish such other reports as the Missouri ethics
commission deems appropriate;

(10) Disseminate statistics, summaries, and reports prepared under this
chapter;

(11) Employ staff and retain such contract services, including legal
services to represent the commission before any state agency or before
the courts as the executive director deems necessary within the limits
authorized by appropriation by the general assembly.

2. Each appropriate officer other than the executive director of the
Missouri ethics commission shall:

(1) Assist the executive director in furnishing forms and printed
instructional material to persons required to file reports and statements
pursuant to the provisions of this chapter;

(2) Accept reports and statements required to be filed with the person's
office;

(3) Develop for the officer's constituency a filing, coding, and
cross-indexing system consonant with the purposes of this chapter;

(4) Make the reports and statements filed with the officer available for
public inspection and copying, commencing as soon as practicable but not
later than the end of the second day after which a report was received,
and permit copying of any such report or statement by hand or by
duplicating machine, as requested by any person, at the expense of such
person, but no information obtained from such reports and statements
shall be sold or utilized by any person for any commercial purpose;

(5) Preserve such reports and statements for a period of not less than
five years from the date of receipt;

(6) Examine each report and statement filed with the person's office
pursuant to the requirements of this chapter to determine if the reports
and statements appear to be complete and filed within the required time;

(7) Notify a person required to file a report or statement pursuant to
this chapter immediately if, upon examination of the circumstances
surrounding any election, it appears that the person has failed to file a
report or statement as required by law;

(8) Notify the Missouri ethics commission if the person has reasonable
cause to believe that a violation of this chapter has occurred;

(9) Assess every candidate for state or local office failing to file with
a local election authority pursuant to section 130.026, a campaign
disclosure report as required by this chapter other than the report
required pursuant to subdivision (1) of subsection 1 of section 130.046,
a late filing fee of ten dollars for each day such report is due to the
election authority. The local election authority shall mail a notice, by
registered mail, to any candidate and candidate committee treasurer and
deputy treasurer who fails to file such report informing such person of
such failure and the fees provided by this subdivision. If the candidate
persists in such failure for a period in excess of thirty days beyond the
receipt of such notice, the amount of the late filing fee shall increase
to one hundred dollars for each day that the report is not filed,
provided that the total amount of such fees assessed pursuant to this
subsection per report shall not exceed three hundred dollars.

3. Any person receiving from an appropriate officer a copy of, or who is
permitted to inspect or make a copy of, any report or statement filed
pursuant to the requirements of this chapter shall sign a statement that
the person will not utilize the reports or statements or any information
thereon for any commercial use, except for public news reporting,
whatsoever and will not transfer the information obtained to any other
persons for such purposes. It shall be the responsibility of each
appropriate officer to instruct any person making a request to inspect,
copy or receive a copy of any report or statement or any portion of a
report or statement filed pursuant to this chapter that the utilization
of any information obtained from such reports for any commercial purpose
is a violation of this chapter. (L. 1978 S.B. 839, A.L. 1979 S.B. 129,
A.L. 1985 H.B. 150, et al., A.L. 1991 S.B. 262, A.L. 1997 S.B. 16, A.L.
1999 S.B. 31 & 285)

CROSS REFERENCE: Signature not required to view public documents after
reports are published on Internet, RSMo 105.975

1. In order for candidates for election and public officials to
more easily file reports required by law and to access information
contained in such reports, and for the Missouri ethics commission to
receive and store reports in an efficient and economical method, and for
the general public and news media to access information contained in such
reports, the commission shall establish and maintain an electronic
reporting system pursuant to this section.

2. The ethics commission may establish for elections in 1996 and shall
establish for elections and all required reporting beginning in 1998 and
maintain thereafter a state campaign finance and financial interest
disclosure electronic reporting system pursuant to this section for all
candidates required to file. The system may be used for the collection,
filing and dissemination of all reports, including monthly lobbying
reports filed by law, and all reports filed with the commission pursuant
to this chapter and chapter 105, RSMo. The system may be established and
used for all reports required to be filed for the primary and general
elections in 1996 and all elections thereafter, except that the system
may require maintenance of a paper backup system for the primary and
general elections in 1996. The reports shall be maintained and secured in
the electronic format by the commission.

3. When the commission determines that the electronic reporting system
has been properly implemented, the commission shall certify to all
candidates and committees required to file pursuant to this chapter that
such electronic reporting system has been established and implemented.
Beginning with the primary and general elections in 2000, or the next
primary or general election in which the commission has made
certification pursuant to this subsection, whichever is later, candidates
and all other committees shall file reports by using either the
electronic format prescribed by the commission or paper forms provided by
the commission for that purpose. Continuing committees shall file reports
by electronic format prescribed by the commission, except continuing
committees which make contributions equal to or less than fifteen
thousand dollars in the applicable calendar year. Any continuing
committee which makes contributions in support of or opposition to any
measure or candidate equal to or less than fifteen thousand dollars in
the applicable calendar year shall file reports on paper forms provided
by the commission for that purpose or by electronic format prescribed by
the commission, whichever reporting method the continuing committee
chooses. The commission shall supply a computer program which shall be
used for filing by modem or by a common magnetic media chosen by the
commission. In the event that filings are performed electronically, the
candidate shall file a signed original written copy within five working
days; except that, if a means becomes available which will allow a
verifiable electronic signature, the commission may also accept this in
lieu of a written statement.

4. Beginning January 1, 2000, or on the date the commission makes the
certification pursuant to subsection 3 of this section, whichever is
later, all reports filed with the commission by any candidate for a
statewide office, or such candidate's committee, shall be filed in
electronic format as prescribed by the commission; provided however, that
if a candidate for statewide office, or such candidate's committee
receives or spends five thousand dollars or less for any reporting
period, the report for that reporting period shall not be required to be
filed electronically.

5. A copy of all reports filed in the state campaign finance electronic
reporting system shall be placed on a public electronic access system so
that the general public may have open access to the reports filed
pursuant to this section. The access system shall be organized and
maintained in such a manner to allow an individual to obtain information
concerning all contributions made to or on behalf of, and all
expenditures made on behalf of, any public official described in
subsection 2 of this section in formats that will include both written
and electronically readable formats.

6. All records that are in electronic format, not otherwise closed by
law, shall be available in electronic format to the public. The
commission shall maintain and provide for public inspection, a listing of
all reports with a complete description for each field contained on the
report, that has been used to extract information from their database
files. The commission shall develop a report or reports which contain
every field in each database.

7. Annually, the commission shall provide, without cost, a system-wide
dump of information contained in the commission's electronic database
files to the general assembly. The information is to be copied onto a
medium specified by the general assembly. Such information shall not
contain records otherwise closed by law. It is the intent of the general
assembly to provide open access to the commission's records. The
commission shall make every reasonable effort to comply with requests for
information and shall take a liberal interpretation when considering such
requests. (L. 1994 S.B. 650, A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B.
16, A.L. 1999 H.B. 676 merged with S.B. 31 & 285)

The candidate or the committee treasurer of any committee except
a candidate committee is ultimately responsible for all reporting
requirements pursuant to this chapter. (L. 1997 S.B. 16)

1. If a successful candidate, or the treasurer of his candidate
committee fails to file the disclosure reports which are required by this
chapter, the candidate shall not take office until such reports are filed.

2. In addition to any other penalties provided by law, no person may file
for any office in a subsequent election until he or the treasurer of his
existing candidate committee has filed all required campaign disclosure
reports for all prior elections. (L. 1978 S.B. 839, A.L. 1988 H.B. 933,
et al.)

Any person who knowingly accepts or makes a contribution or
makes an expenditure in violation of any provision of this chapter or who
knowingly conceals a contribution or expenditure by filing a false or
incomplete report or by not filing a required report, in addition to or
in the alternative to any other penalty imposed by this chapter, may be
held liable to the state in civil penalties in twice the amount of any
such contribution or expenditure, not to exceed a total amount of five
thousand dollars. (L. 1985 H.B. 150, et al.)

Effective 1-1-86

1. Any person who purposely* violates the provisions of this
chapter is guilty of a class A misdemeanor.

2. Any person who fails to file any report or statement required by this
chapter within the time periods specified in sections 130.011 to 130.051
is guilty of an infraction.

3. Notwithstanding any other provision of law which bars prosecutions for
any offenses other than a felony unless commenced within one year after
the commission of the offense, any offense under the provisions of this
chapter may be prosecuted if the indictment be found or prosecution be
instituted within three years after the commission of the alleged offense.

4. Any prohibition to the contrary notwithstanding, no person shall be
deprived of the rights, guarantees, protections or privileges accorded by
sections 130.011 to 130.026, 130.031 to 130.068, 130.072, and 130.081 by
any person, corporation, entity or political subdivision. (L. 1978 S.B.
839, A.L. 1985 H.B. 150, et al.)

Effective 1-1-86

*Word "purposefully" appears in original rolls.

Notwithstanding any of the other provisions of this chapter,
national political party committees, candidates for elective federal
offices and any committee formed for the sole purpose of supporting a
candidate or candidates for elective federal office shall be deemed to
have fully complied with the provisions of this chapter if they have
complied with all the reporting requirements of the federal election
laws, and if copies of all election reports which are required by federal
law to be filed with appropriate federal officials are filed with the
Missouri ethics commission at the same time that they are filed with
federal officials, and if all books and records relating thereto are kept
in accordance with federal law. (L. 1978 S.B. 839, A.L. 1991 S.B. 262)

All sections contained in chapter 130, RSMo, shall apply only to
those elections held on or after August 13, 1978, and to contributions
received and expenditures made after August 13, 1978. (L. 1978 S.B. 839)

If any provision of this chapter or the application thereof to
any person or circumstance is held invalid, the invalidity shall not
affect other provisions or application of this chapter which can be given
effect without the invalid provision or application, and to this end the
provisions of this chapter are declared severable. (L. 1978 S.B. 839)

Limitations on cash contributions, anonymous contributions:

(1) No contribution in cash in an amount in excess of one hundred dollars
shall be made or accepted from any single contributor for any election;

(2) Candidates and candidate committees shall not accept contributions of
cash that, in the aggregate, are in excess of one hundred dollars per
person per election cycle;

(3) No anonymous contribution in excess of twenty-five dollars shall be
made by any person, and no anonymous contributions in excess of twenty-
five dollars shall be accepted by any candidate or committee. If any
anonymous contribution in excess of twenty-five dollars is received, it
shall be returned immediately to the contributor if his or her identity
can be ascertained, and if the contributor's identity cannot be
ascertained, the candidate or the committee treasurer shall immediately
transmit that portion of the contribution which exceeds twenty-five
dollars to the state treasurer and it shall escheat to the state. (L.
1994 Adopted by Initiative, Proposition A, November 8, 1994, A.L. 1999
S.B. 31 & 285)

Disclosure of Contributor Information.

(1) A separate listing by name, address, employer or occupation if
self-employed, of each person from whom the committee received one or
more contributions, in money or other things of value, which in the
aggregate total in excess of $25, together with the date and amount of
each such contribution. No candidate or candidate committee shall accept
any contribution without such information, except as provided in
subsection 6 of Section 130.031. (L. 1994 Adopted by Initiative,
Proposition A, November 8, 1994)

Complaints Concerning Violations

(1) Any person may file a complaint alleging violations of the
contribution limits set forth above with the Missouri Ethics Commission
which complaint shall be acted upon promptly by the commission in the
same manner and with the same effect as other complaints over which the
commission has jurisdiction.

(2) Instead of filing a complaint with the Missouri Ethics Commission,
any person may file a civil action in summary process in the circuit
court for the circuit in which the alleged violation occurred, against
the alleged violator or violators, seeking a forfeiture to the General
Revenue of the State of any amount of contributions in excess of the
limits set forth above. (L. 1994 Adopted by Initiative, Proposition A,
November 8, 1994)

Severability.

If any provision of this measure is held invalid or the application
thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of the chapter which
can be given effect without the invalid provisions or applications, and
to this and the provisions of this measure are declared severable. (L.
1994 Adopted by Initiative, Proposition A, November 8, 1994)

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