|HB 0484||Changes in Election Procedure; Campaign Finance Laws|
|Sponsor:||SCHEVE||Handling House Bill:||GOODE|
|Last Action:||07/06/95 - Signed by Governor|
|Title:||CCS/SS#2/HCS/HBs 484, 199 & 72|
|Effective Date:||August 28, 1995|
CCS/SS#2/HCS/HBs 484, 199 & 72 - This act revises state election and campaign finance laws.
ELECTION PROCEDURES - Legal notices which must be distributed by the Secretary of State to election authorities may be delivered by fax as long as a certified copy is delivered by mail within ten days of the delivery by fax.
Local election authorities shall determine the method used to establish the order in which candidates may file for office. The names of candidates who file for the office with the Secretary of State by the end of the first filing day shall be listed on the ballot in the order determined by random drawing.
A candidate who wishes to withdraw because he has been named by the party candidate for a different office may do so within five days after being named as a candidate. When the incumbent or the only candidate dies, withdraws or is disqualified before the eleventh Tuesday before a primary, filing shall be reopened until the eleventh Tuesday or for five working days, whichever is longer. When the incumbent or the only candidate dies, withdraws or is disqualified after the eleventh Tuesday for an office other than committeeman or committeewoman, the election shall not proceed and a vacancy shall exist, to be filled as provided by law. Similar to SB 245.
CAMPAIGN FINANCE - A candidate may loan money to his campaign and the loan shall not be subject to contribution limits established in Chapter 130, RSMo, and Proposition A as approved by the voters November 8, 1994.
The Missouri Ethics Commission may issue advisory opinions and an opinion can be used as a defense against prosecution.
Special arrangements are made for candidates for office on or before November 8, 1994, who reported campaign debt in the first report submitted after November 8. These candidates may create two candidate committees, one used solely to pay off the debt. The committee could raise funds in any manner legal under the law as it existed on November 8, 1995. The other committee would serve as the "usual" candidate committee and would be limited by all of the provisions of Chapter 130, including applicable provisions of Proposition A and SB 650. Moneys cannot be commingled. This provision terminates December 31, 1996.
All candidates are required by current law to file a statement with the Secretary of State indicating whether they intend to comply with the expenditure limits set for their office. This act requires that the statement be filed with the Ethics Commission or the appropriate local election authority, on forms provided by the Ethics Commission. In addition, candidates who are planning to spend less than $1,000 are not required to file this statement.
SPECIAL DISTRICTS - Candidates for the school board in St. Louis must pay a $100 filing fee, but are no longer required to obtain 1,000 signatures on their nomination petition.
When a city expands into an area served by a public water district, the circuit court may order an election to determine whether that portion should be detached from the public water district. City approval of the election is no longer required.
Two changes are made in law governing fire and emergency services in St. Charles County. The first is a change in the definition of St. Charles County to conform to Ellisville v. St. Louis Co. Board of Election Commissioners, 877 S.W.2d 620, and the second is the delay of a vote to establish the district from April 1995 until 1996. These provisions mirror SB 297 and are also contained in CCS/SB 421.
Board members of fire protection districts in St. Louis County are subject to recall. A member subject to recall must have served at least 180 days, have at least 180 days left on his term and must not have been the subject of a recall during the term of office. Notice is filed with the election authority along with a 200 word statement supporting the recall effort and the board member may file a 200 word rebuttal. Also contained in SS/SCS/HCS/HB 452, et al.
The petition must be signed by a number of residents which is at least 25% of the number voting in the most recent gubernatorial election. The election authority must certify a sufficient petition for the next available election and elections must be held between 45-120 days of certification.
Voters served by the Metropolitan Sewer District in St.
Louis County may vote to impose a service fee on residential
property of up to $28 per year to finance repair and replacement
of lateral sewer lines. Also contained in CCS#2/SCS/HCS/HB 88
and SB 228.