FIRST REGULAR SESSION
SENATE BILL NO. 707
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
2704S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 128, RSMo, by adding thereto one new section relating to residency
qualifications for candidates for representative in congress, with penalty provisions and
a severability clause.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 128, RSMo, is amended by adding thereto 1
one new section, to be known as section 128.370, to read as 2
follows:3
128.370. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Congressional district", the specific geographic 3
area that is permitted to elect a member of the United 4
States House of Representatives pursuant to this chapter and 5
pursuant to Article I, Section 2 of the U.S. Constitution; 6
(2) "Established congressional di strict", a 7
congressional district whose geographic boundaries have 8
remained fixed and unaltered by law for a period of at least 9
twenty-four months prior to an election; 10
(3) "New congressional district", a congressional 11
district whose geographic b oundaries were established less 12
than twenty-four months prior to an election; 13
(4) "Resident of a congressional district": 14
(a) A person who, upon the date of a primary or 15
general election to nominate a candidate or elect a person 16
to represent a congressional district, has established and 17 SB 707 2
maintained a primary residence within the geographic 18
boundaries of such congressional district for the preceding: 19
a. Three months for new congressional districts; or, 20
b. Twelve months for establi shed congressional 21
districts. 22
(b) Notwithstanding paragraph (a) of this subdivision 23
to the contrary, solely for the purpose of primary and 24
general elections taking place in 2024, the required period 25
of residency shall not begin before the effecti ve date of 26
this section; 27
(c) A person shall not be considered to have 28
"established and maintained a primary residence" within a 29
congressional district unless such person is legally 30
domiciled within the district for the purposes of voting and 31
taxation for the entirety of the required period. 32
2. Only a resident of a congressional district may be 33
elected to serve as the representative of such district. 34
3. Only a resident of a congressional district shall 35
be eligible to appear upon a pr imary election ballot as a 36
printed candidate to secure a party's nomination to be 37
elected to represent such district. 38
4. Only a resident of a congressional district shall 39
be eligible to appear upon the ballot as a printed candidate 40
in a general election to represent such district. 41
5. In order to be declared the winner of an election 42
to serve as the representative of a congressional district, 43
a person shall certify his or her status as a resident of 44
the congressional district for the entir ety of the period 45
required under the applicable provision of subdivision (4) 46
of subsection 1 of this section. Such certification shall 47
be made to the secretary of state. 48 SB 707 3
6. In order to appear on the ballot in a primary 49
election to be nominated t o represent a congressional 50
district, a candidate shall, no later than twelve weeks 51
prior to the date of the primary election, certify his or 52
her present status as a resident of the applicable 53
congressional district with a present intention to remain a 54
resident for the duration of the candidacy. Such 55
certification shall be made to the secretary of state. 56
7. In order to appear on the ballot in a general 57
election to represent a congressional district, a candidate 58
shall, no later than twelve wee ks prior to the date of such 59
election, certify his or her present status as a resident of 60
the applicable congressional district along with a present 61
intention to remain a resident for the duration of the 62
candidacy, and, if elected, for the full term of the office 63
sought. Such certification shall be made to the secretary 64
of state. 65
8. The secretary of state shall enact rules to 66
implement and enforce these provisions. Any rule or portion 67
of a rule, as that term is defined in section 536.010, th at 68
is created under the authority delegated in this section 69
shall become effective only if it complies with and is 70
subject to all of the provisions of chapter 536 and, if 71
applicable, section 536.028. This section and chapter 536 72
are nonseverable and if any of the powers vested with the 73
general assembly pursuant to chapter 536 to review, to delay 74
the effective date, or to disapprove and annul a rule are 75
subsequently held unconstitutional, then the grant of 76
rulemaking authority and any rule proposed or adopted after 77
August 28, 2023, shall be invalid and void. 78 SB 707 4
9. Any false sworn statement submitted by a candidate 79
to certify residency in a congressional district shall be 80
considered a false swearing pursuant to section 115.405. 81
10. (1) This section shall apply to any person who 82
files for the nomination or election to represent a 83
congressional district at any election held more than ninety 84
days after the effective date of this section. 85
(2) For the purposes of expediting legal chall enges 86
prior to an election, notwithstanding section 115.349 to the 87
contrary, a candidate may file to appear on the ballot in a 88
primary election seeking a nomination to be elected to 89
represent a congressional district at the 2024 general 90
election or to otherwise appear on the ballot in the general 91
election under a different nomination process beginning 92
twelve months prior to the date of the primary election or 93
the effective date of this section, whichever is later. 94
(3) Any person who files to a ppear on the ballot 95
pursuant to subdivision (2) of this subsection shall certify 96
to the secretary of state that he or she meets the residency 97
requirements prior to the election. 98
(4) Any person who is prohibited from filing to appear 99
as a candidate for nomination or election to represent a 100
congressional district due to a lack of residency shall have 101
immediate standing to challenge this section by filing a 102
civil action in the circuit court against the secretary of 103
state on the federal question o f whether it amounts to an 104
unconstitutional qualification to a congressional office. 105
(5) Any registered voter shall have standing to 106
enforce this section by filing a civil action in the circuit 107
court against secretary of state in the event that a non- 108
resident candidate is permitted to file to seek a nomination 109 SB 707 5
or election to represent the elector's congressional 110
district. 111
(6) Any action filed under subdivisions (4) or (5) of 112
this subsection shall be advanced on the docket and a final 113
judgment shall be entered within sixty days. Any appeal of 114
the judgment shall be noticed within ten days. The supreme 115
court shall have jurisdiction over the appeal and shall 116
issue its order and mandate within sixty days of the filing 117
of the notice of appeal. 118
(7) The attorney general shall zealously defend all 119
portions of this section, in the courts of this state or of 120
the United States, as an exercise of an important and 121
fundamental state interest. In any action commenced in a 122
court of this state, any registered voter residing within 123
the congressional district of the applicable office, and 124
either house or both houses of the general assembly, shall 125
be permitted to timely join in the defense of this section 126
as a real party in interest. 127
11. In the event that, on the date that ballots are 128
required to be printed, non -residents have been permitted to 129
appear on the ballot for an election to represent a 130
congressional district under an order of a court of 131
competent jurisdiction on the basis that this section does 132
or may conflict with superior law, one of the following 133
ballot notations shall appear parenthetically where 134
applicable next to the names of all candidates for such 135
offices: 136
(1) "Resident of this district at least one year prior 137
to the election" for candidates who can so certify; or, 138
(2) "Resident of this district at least three months 139
prior to the election" for candidates who can so certify; or, 140 SB 707 6
(3) "Not a resident in this district at least three 141
months prior to the election" for candidates who can so 142
certify; or, 143
(4) "Unable to determine residency in district prior 144
to this election". 145
Section B. If any provision of section A of this act 1
or the application thereof to anyone or to an y circumstance 2
is held invalid, the remainder of those sections and the 3
application of such provisions to others or other 4
circumstances shall not be affected thereby. 5