HOUSE BILL NO. 2299 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DAVIS.
5960H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 115.306, RSMo, and to enact in lieu thereof one new section relating to qualifications for public office.
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Section A. Section 115.306, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 115.306, to read as follows: 115.306. 1. No person shall qualify as a candidate for elective public office in the 2 state of Missouri who has been found guilty of or pled guilty to a felony under the federal 3 laws of the United States of America or to a felony under the laws of this state or an offense 4 committed in another state that would be considered a felony in this state. 5 2. (1) Any person who files as a candidate for election to a public office shall be 6 disqualified from participation in the election for which the candidate has filed if such person 7 is delinquent in the payment of any state income taxes, personal property taxes, municipal 8 taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, 9 or if the person is a past or present corporate officer of any fee office that owes any taxes to 10 the state. 11 (2) Each potential candidate for election to a public office, except candidates for a 12 county or city committee of a political party, shall file an affidavit with the department of 13 revenue and include a copy of the affidavit with the declaration of candidacy required under 14 section 115.349. Such affidavit shall be in substantially the following form: 15 AFFIRMATION OF TAX PAYMENTS AND BONDING 16 REQUIREMENTS:
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2299 2
17 I hereby declare under penalties of perjury that I am not currently 18 aware of any delinquency in the filing or payment of any state income 19 taxes, personal property taxes, municipal taxes, real property taxes on 20 the place of residence, as stated on the declaration of candidacy, or that 21 I am a past or present corporate officer of any fee office that owes any 22 taxes to the state, other than those taxes which may be in dispute. I 23 declare under penalties of perjury that I am not aware of any 24 information that would prohibit me from fulfilling any bonding 25 requirements for the office for which I am filing. 26 _______________ Candidate's Signature 27 _______________ Printed Name of Candidate 28 (3) Upon receipt of a complaint alleging a delinquency of the candidate in the filing 29 or payment of any state income taxes, personal property taxes, municipal taxes, real property 30 taxes on the place of residence, as stated on the declaration of candidacy, or if the person is a 31 past or present corporate officer of any fee office that owes any taxes to the state, the 32 department of revenue shall investigate such potential candidate to verify the claim contained 33 in the complaint. If the department of revenue finds a positive affirmation to be false, the 34 department shall contact the secretary of state, or the election official who accepted such 35 candidate's declaration of candidacy, and the potential candidate. The department shall notify 36 the candidate of the outstanding tax owed and give the candidate thirty days to remit any such 37 outstanding taxes owed which are not the subject of dispute between the department and the 38 candidate. If the candidate fails to remit such amounts in full within thirty days, the candidate 39 shall be disqualified from participating in the current election and barred from refiling for an 40 entire election cycle even if the individual pays all of the outstanding taxes that were the 41 subject of the complaint. 42 3. Notwithstanding the provisions of subsection 1 of this section, any person who 43 is granted a pardon by the president of the United States or the governor of any state or 44 whose record was expunged under the provisions of section 610.140 shall qualify as a 45 candidate for elective public office in the state of Missouri. ✔
Statutes affected: