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Section: 130.0016 Certain candidates exempt from filing requirements--procedure for exemption--restrictions on subsequent contributions and expenditures--rejection of exemption--candidate committees for certain general assembly leadership offices pro...


Published: 2015

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Missouri Revised Statutes













Chapter 130

Campaign Finance Disclosure Law

←130.011

Section 130.016.1

130.021→

August 28, 2015

Certain candidates exempt from filing requirements--procedure for exemption--restrictions on subsequent contributions and expenditures--rejection of exemption--candidate committees for certain general assembly leadership offices prohibited.

130.016. 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 three hundred twenty-five dollars, 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 three hundred twenty-five dollars, 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 three hundred twenty-five dollars. 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.



8. No member of or candidate for the general assembly shall form a

candidate committee for the office of speaker of the house of representatives

or president pro tem of the senate.



(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, A.L. 2006 H.B. 1900, A.L. 2008 S.B. 1038)



*Section 130.032 was repealed by S.B. 1038, 2008.





2007

2003

1997



2007



130.016. 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.



8. No member of or candidate for the general assembly shall form a

candidate committee for the office of speaker of the house of

representatives or president pro tem of the senate.



2003



130.016. 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.



1997



130.016. 1. No candidate for statewide elected office, general

assembly, judicial office other than municipal judge, 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 two hundred fifty dollars of the aggregate

contributions received, 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 himself or herself, that aggregate more than two hundred fifty dollars

and that the total of all contributions received or expenditures made by

the candidate and all committees or any other person with his knowledge and

consent in support of his candidacy will not exceed five hundred dollars

and that the aggregate of contributions received from any single

contributor will not exceed two hundred fifty dollars. 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 subsection 1 of

this section, 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 the provisions of 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 nonpartisan 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 two hundred fifty dollars. 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.



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