Campaign finance requirements for Missouri ballot measures

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Campaign finance requirements for Missouri ballot measures are promulgated by the Missouri Ethics Commission. The Missouri Ethics Commission is responsible for enforcing all campaign finance laws in the State of Missouri.

If someone feels that a person violated Missouri campaign finance laws, then the first step is to the file a complaint to the Missouri Ethics Commission. Once a complaint is received, an investigator for the commission fully reviews and investigates the complaint. Once the complaint is reviewed and investigated then the results are sent to the Ethics Commission during a probable cause hearing[1]. Four members of the Commission must approve a complaint before allowing further inquirty[2]

If the Commission feels that there is probable cause of a campaign finance law violation involving civil statutes then the Commission handles the matter without any action in a court of law[3]. If there is probable cause of criminal law violations, then the case is referred to the Missouri Attorney General. Once referred to the Attorney General, then the Attorney General allows the Office of Prosecution Services which is a division of the Attorney General's office to pursue any legal action[4].

General requirements

Continuing Committee

Under Missouri law, a group in support or opposition of a ballot measure is considered to be a continuing committee. The law defines continuing committee as a group that can participate in any ballot issue at any date and any time. Also the group remains in existence beyond any one election/ballot issue. Also, a continuing committee is formed, controlled, and directed by a person as long it is not a candidate for public office[5].

Campaign Committee

Also, any group that is in support or opposition of a ballot measure directed towards the Missouri Plan is called a Campaign Committee[6].

Statement of Organization

To register, the initiative committee files a Statement of Committee Organization. The Statement of Committee Organization forms may be obtained from the Missouri Ethics Commission or from any local election authority[7]. The treasurer acting on behalf of a committee shall file a statement of organization with the appropriate officer within 20 days after the person or committee becomes a committee but no later than the deadline for the committee’s first disclosure report[8].

The $5,000 in 48 hours rule

Any group that receives a campaign contribution of $5,000 or more must report the contribution within 48 hours of receiving the contribution to the Missouri Secretary of State[9].

Campaign finance requirements

Filing reports

A committee discloses its campaign finances on campaign disclosure reporting statements. These reporting statements consist of a cover sheet, and a series of schedules that itemize the committee’s receipts, expenditures and debts, a Summary Page, and a special purpose schedule that details fund raisers held by the committee.

The committee may file a Statement of Limited Activity in Lieu of Disclosure for any reporting period listed above in which the contributions or expenditures do not exceed $500 for the reporting period. Any contribution or expenditure not reported because this statement of limited activity is filed, shall be included in the next full disclosure report filed by the committee.

$100 cash limit

Missouri law prohibits groups in support or opposition of a ballot measure to accept campaign contributions more than $100 made with cash[10].

Depository requirement

All funds received by the committee must be deposited in the committee’s official depository[11]. .

Out of State contributions

A group in support or opposition of a ballot measure cannot accept money from out of state special interest groups unless the group that makes the contributions plans to file a Statement of Organization[12].

Reporting requirements and reports

Missouri structures its campaign finance reporting on a quarterly, pre-election, post-election structure.

Quarterly Disclosure

The most common of the campaign finance reports are quarterly reports. The first quarter covers activity from October 1 of the preceding year to December 31st, the Second quarter is from January 1 to March 31, the third Quarter is from April 1 to June 30, while the fourth quarter is from July 1 to September 30th[13]. The first quarter report is due on January 15, while the Second Quarter is due on April 15, the third quarter is due on July 15, while the fourth quarter is due October 15[14].

Pre-Election report

The pre-election report covers all campaign finance activity from October 1 to twelve days before the election. This report is due eight days before the election[15].

Post-Election Report

The post-election report covers all activity from eleven days before the election to twenty-five days past the election. The report is due thirty days after the election[16].

Campaign advertising restrictions

Under Missouri law, all print advertisements must have a "Paid for by" following by the sponsor of the committee on any printed advertisement. This must be posted in a clear and conspicuous manner. This goes for any newspaper advertisement, handbill, sample ballot, circular, and bumper sticker[17].

Missouri requires all groups in support or opposition of ballot measure to follow federal laws for disclosure of broadcast advertisements[18]. This means groups must end their ads with "We approve this message" which is consistent under the stand by your ad clause in the McCain-Feingold Campaign Finance Reform Act.

Terminating a committee

A group that intends to terminate must file a termination statement with the Missouri Ethics Commission within 10 days of the termination date. The statement must include how remaining surplus funds will be disbursed or how a deficit will be paid off. Also, the statement must have the contact information of the person responsible for handling the accounts during the course of the campaign[19].

External links

See also

References

  1. "Missouri General Assembly" Missouri Campaign Finance Law(Referenced Statute 105-961 (1) Missouri Statutes)
  2. "Missouri General Assembly" Missouri Campaign Finance Law(Referenced Statute 130-054(4) Missouri Statutes)
  3. "Missouri General Assembly" Missouri Campaign Finance Law(Referenced Statute 105-961 (3) Missouri Statutes)
  4. "Missouri General Assembly" Missouri Campaign Finance Law(Referenced Statute 105-961 (2) Missouri Statutes)
  5. "Missouri General Assembly" Missouri Campaign Finance Law(Referenced Statue 130.011(10) Missouri Revised Statutes)
  6. "Missouri General Assembly" Missouri Campaign Finance Law(Referenced Statue 130.011(8) Missouri Revised Statutes)
  7. "Missouri General Assembly" Missouri Election Law(Referenced Statute 130.026 1,2 Missouri Revised Statutes)
  8. "Missouri General Assembly" Missouri Election Law(Referenced Statute 130.021 (5) Missouri Revised Statutes)
  9. Missouri General Assembly" Missouri Campaign Finance Law(Referenced Statue 130.044 1)
  10. "Missouri General Assembly" Missouri Campaign Finance Law(Referenced Section 130.031 (1) Missouri Revised Statutes)
  11. "Missouri General Assembly" Missouri Election Law(Referenced Statute 130.021 4. (1) Missouri Revised Statutes)
  12. "Missouri General Assembly" Missouri Campaign Finance Law(Referenced Section 130.031 (7) Missouri Revised Statutes)
  13. "Missouri Ethics Commission" 2010 Campaign Finance Calendar
  14. "Missouri General Assembly" Missouri Campaign Finance Law(Referenced Statue 130.046 1 (3))
  15. "Missouri General Assembly" Missouri Campaign Finance Law(Referenced Statue 130.046 1 (1))
  16. "Missouri General Assembly" Missouri Campaign Finance Law(Referenced Statue 130.046 1 (2))
  17. "Missouri General Assembly" Missouri Campaign Finance Law(Referenced Section 130.031 (8) Missouri Revised Statutes)
  18. "Missouri General Assembly" Missouri Campaign Finance Law(Referenced Section 130.031 (9) Missouri Revised Statutes)
  19. "Missouri General Assembly" Missouri Election Law(Referenced Statute 130.021 (8) Missouri Revised Statutes)

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