Missouri Revised Statutes













Chapter 130

Campaign Finance Disclosure Law

←130.011

Section 130.011.2

130.016→

August 28, 2015

Definitions.

130.011. 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 sixty 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, 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, A.L. 2006 H.B. 1900)



Effective 1-1-07



*Revisor's Note: This section is reprinted in accordance with Section

3.066. Senate Bill 844 in 2010 amended this section. Senate Bill

844 was declared unconstitutional as a violation of the original

purpose requirement of Art. III, Sec. 21, of the Missouri

Constitution (see annotation below), rendering the repeal and

reenactment of this section ineffective.



**Section 130.051 was repealed by S.B. 16, 1997



(2012) Senate Bill 844 provision declared unconstitutional as a

violation of the original purpose requirement of Art. III, Sec.

21, Constitution of Missouri. Legends Bank v. State, 361 S.W.3d

383 (Mo. banc).







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