SECOND REGULAR SESSION
SENATE BILL NO. 1307
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR EIGEL.
4941S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 115.306, RSMo, and to enact in lieu thereof one new section relating to eligibility
for public office, with an emergency clause.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 115.306, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 115.306, 2
to read as follows:3
115.306. 1. No person shall qualify as a candidate 1
for elective public office in the state of Missouri who has 2
been found guilty of or pled guilty to a felony under the 3
federal laws of the United States of America or to a felony 4
under the laws of this state or an offense committed in 5
another state that would be considered a felony in this 6
state. 7
2. (1) Any person who files as a candidate for 8
election to a public office shall be disqualified from 9
participation in the election for which the candidate has 10
filed if such person is delinquent in the payment of any 11
state income taxes, personal property taxes, muni cipal 12
taxes, real property taxes on the place of residence, as 13
stated on the declaration of candidacy, or if the person is 14
a past or present corporate officer of any fee office that 15
owes any taxes to the state. 16
(2) Each potential candidate for el ection to a public 17
office, except candidates for a county or city committee of 18 SB 1307 2
a political party, shall file an affidavit with the 19
department of revenue and include a copy of the affidavit 20
with the declaration of candidacy required under section 21
115.349. Such affidavit shall be in substantially the 22
following form: 23
(3) Upon receipt of a complain t alleging a delinquency 39
of the candidate in the filing or payment of any state 40
income taxes, personal property taxes, municipal taxes, real 41
property taxes on the place of residence, as stated on the 42
declaration of candidacy, or if the person is a past or 43
present corporate officer of any fee office that owes any 44
taxes to the state, the department of revenue shall 45
investigate such potential candidate to verify the claim 46
contained in the complaint. If the department of revenue 47
finds a positive affir mation to be false, the department 48
shall contact the secretary of state, or the election 49
official who accepted such candidate's declaration of 50
candidacy, and the potential candidate. The department 51
24 AFFIRMATION OF TAX PAYMENTS AND BONDING REQUIREMENTS:
25
26
27
28
29
30
31
32
33
34
35
I hereby declare under penalties of perjury that I am not
currently aware of any delinquency in the filing or payment
of any state income taxes, personal property taxes,
municipal taxes, real property taxes on the place of
residence, as stated on the decla ration of candidacy, or
that I am a past or present corporate officer of any fee
office that owes any taxes to the state, other than those
taxes which may be in dispute. I declare under penalties
of perjury that I am not aware of any information that
would prohibit me from fulfilling any bonding requirements
for the office for which I am filing.
36
37
__________________ Candidate's
Signature
38 __________________ Printed Name of Candidate SB 1307 3
shall notify the candidate of the outstanding tax owe d and 52
give the candidate thirty days to remit any such outstanding 53
taxes owed which are not the subject of dispute between the 54
department and the candidate. If the candidate fails to 55
remit such amounts in full within thirty days, the candidate 56
shall be disqualified from participating in the current 57
election and barred from refiling for an entire election 58
cycle even if the individual pays all of the outstanding 59
taxes that were the subject of the complaint. 60
3. No person shall qualify as a candi date for 61
president of the United States after the governor has 62
declared the state to be under a state of actual or 63
threatened invasion of illegal immigrants into this state, 64
and such person has been identified by the governor as being 65
associated with such invasion. The governor shall issue a 66
proclamation not less than eight months prior to the general 67
election identifying any person associated with such 68
invasion. The general assembly, by concurrent resolution 69
approved by two-thirds of the members elected to each 70
chamber, may remove such disability. 71
Section B. Because of the need to ensure that 1
candidates for public office in Missouri have not engaged in 2
threatened or actual invasion of this state, section A of 3
this act is deemed necessary for the immediate preservation 4
of the public health, welfare, peace, and safety, and is 5
hereby declared to be an emergency act within the meaning of 6
the constitution, and section A of this act shall be in full 7
force and effect upon it s passage and approval. 8