1 | 1 | | |
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2 | 2 | | FIRST REGULAR SESSION |
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3 | 3 | | SENATE BILL NO. 331 |
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4 | 4 | | 103RD GENERAL ASSEMBLY |
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5 | 5 | | INTRODUCED BY SENATOR CRAWFORD. |
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6 | 6 | | 1087S.01I KRISTINA MARTIN, Secretary |
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7 | 7 | | AN ACT |
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8 | 8 | | To repeal section 115.306, RSMo, and to enact in lieu thereof one new section relating to |
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9 | 9 | | qualifications of candidates for public office, with penalty provisions. |
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10 | 10 | | |
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11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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12 | 12 | | Section A. Section 115.306, RSMo, is repealed and one new 1 |
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13 | 13 | | section enacted in lieu thereof, to be known as section 115.306, 2 |
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14 | 14 | | to read as follows:3 |
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15 | 15 | | 115.306. 1. No person shall qualify as a candidate 1 |
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16 | 16 | | for elective public office in the state of Missouri who has 2 |
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17 | 17 | | been found guilty of or pled guilty to a felony under the 3 |
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18 | 18 | | federal laws of the United States of America or to a felony 4 |
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19 | 19 | | under the laws of this state or an offense committed in 5 |
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20 | 20 | | another state that would be considered a felony in this 6 |
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21 | 21 | | state. 7 |
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22 | 22 | | 2. (1) Any person who files as a candidate for 8 |
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23 | 23 | | election to a public office shall be disqualified from 9 |
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24 | 24 | | participation in the election for which the candidate has 10 |
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25 | 25 | | filed if such person is delinquent in the payment of any 11 |
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26 | 26 | | state income taxes, personal prop erty taxes, municipal 12 |
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27 | 27 | | taxes, real property taxes on the place of residence, as 13 |
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28 | 28 | | stated on the declaration of candidacy, or if the person is 14 |
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29 | 29 | | a past or present corporate officer of any fee office that 15 |
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30 | 30 | | owes any taxes to the state. 16 |
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31 | 31 | | (2) Each potential candidate for election to a public 17 |
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32 | 32 | | office, except candidates for a county or city committee of 18 SB 331 2 |
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33 | 33 | | a political party, shall file an affidavit with the 19 |
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34 | 34 | | department of revenue and include a copy of the affidavit 20 |
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35 | 35 | | with the declaration of candidacy required unde r section 21 |
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36 | 36 | | 115.349. Such affidavit shall be in substantially the 22 |
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37 | 37 | | following form: 23 |
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38 | 38 | | (3) Upon receipt of a complaint alleging a delinquency 39 |
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39 | 39 | | of the candidate in the filing or payment of any state 40 |
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40 | 40 | | income taxes, personal property taxes, municipal taxes, real 41 |
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41 | 41 | | property taxes on the place of residence, as stated on the 42 |
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42 | 42 | | declaration of candidacy, or if the person is a past or 43 |
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43 | 43 | | present corporate officer of any fee office that owes any 44 |
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44 | 44 | | taxes to the state, the department of revenue shall 45 |
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45 | 45 | | investigate such potential candidate to verify the claim 46 |
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46 | 46 | | contained in the complaint. If the department of revenue 47 |
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47 | 47 | | finds a positive affirmation to be false, the department 48 |
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48 | 48 | | shall contact the secretary of state, or the election 49 |
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49 | 49 | | official who accepted such candidate's declaration of 50 |
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50 | 50 | | candidacy, and the potential candidate. The department 51 |
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51 | 51 | | 24 AFFIRMATION OF TAX PAYMENTS AND BONDING |
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52 | 52 | | 25 REQUIREMENTS: |
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64 | 64 | | I hereby declare under penalties of perjury that I am not |
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65 | 65 | | currently aware of any delinquency in the filing or payment |
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66 | 66 | | of any state income taxes, personal property taxes, |
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67 | 67 | | municipal taxes, real property taxes on the place of |
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68 | 68 | | residence, as stated on the decla ration of candidacy, or |
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69 | 69 | | that I am a past or present corporate officer of any fee |
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70 | 70 | | office that owes any taxes to the state, other than those |
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71 | 71 | | taxes which may be in dispute. I declare under penalties |
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72 | 72 | | of perjury that I am not aware of any information that |
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73 | 73 | | would prohibit me from fulfilling any bonding requirements |
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74 | 74 | | for the office for which I am filing. |
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75 | 75 | | |
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76 | 76 | | 37 _______________ Candidate's Signature |
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77 | 77 | | 38 _______________ Printed Name of Candidate SB 331 3 |
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78 | 78 | | shall notify the candidate of the outstanding tax owed and 52 |
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79 | 79 | | give the candidate thirty days to remit any such outstanding 53 |
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80 | 80 | | taxes owed which are not the subject of dispute between the 54 |
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81 | 81 | | department and the candidate. If the candidate fails to 55 |
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82 | 82 | | remit such amounts in full within thirty days, the candidate 56 |
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83 | 83 | | shall be disqualified from participating in the current 57 |
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84 | 84 | | election and barred from refiling for an entire election 58 |
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85 | 85 | | cycle even if the individual pays all of the outstanding 59 |
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86 | 86 | | taxes that were the subject of the complaint. 60 |
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87 | 87 | | (4) Any person who files as a candidate for elect ion 61 |
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88 | 88 | | to a public office that performs county functions in a city 62 |
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89 | 89 | | not within a county shall file an affidavit with the 63 |
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90 | 90 | | election authority and shall attach thereto official copies 64 |
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91 | 91 | | of receipts or no-tax-due statements received from the 65 |
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92 | 92 | | collector and official statements from the collector that 66 |
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93 | 93 | | indicate the person has paid all taxes due and is not 67 |
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94 | 94 | | delinquent in any tax. The election authority shall review 68 |
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95 | 95 | | such documentation and the affirmation of tax payments 69 |
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96 | 96 | | required under subdivision (2) of this subse ction. 70 |
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97 | 97 | | |
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