FIRST REGULAR SESSION SENATE BILL NO. 331 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR CRAWFORD. 1087S.01I KRISTINA MARTIN, Secretary AN ACT To repeal section 115.306, RSMo, and to enact in lieu thereof one new section relating to qualifications of candidates for public office, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 115.306, RSMo, is repealed and one new 1 section enacted in lieu thereof, to be known as section 115.306, 2 to read as follows:3 115.306. 1.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 prop erty taxes, municipal 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 election to a public 17 office, except candidates for a county or city committee of 18 SB 331 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 unde r section 21 115.349. Such affidavit shall be in substantially the 22 following form: 23 (3) Upon receipt of a complaint 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 affirmation 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 25 REQUIREMENTS: 26 27 28 29 30 31 32 33 34 35 36 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. 37 _______________ Candidate's Signature 38 _______________ Printed Name of Candidate SB 331 3 shall notify the candidate of the outstanding tax owed 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 (4) Any person who files as a candidate for elect ion 61 to a public office that performs county functions in a city 62 not within a county shall file an affidavit with the 63 election authority and shall attach thereto official copies 64 of receipts or no-tax-due statements received from the 65 collector and official statements from the collector that 66 indicate the person has paid all taxes due and is not 67 delinquent in any tax. The election authority shall review 68 such documentation and the affirmation of tax payments 69 required under subdivision (2) of this subse ction. 70