HCS SB 485 -- ELECTIONS

SPONSOR:  Pearce (Diehl)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Elections
by a vote of 10 to 2.

This substitute changes the laws regarding elections.  In its
main provisions, the substitute:

(1)  Requires the Missouri Ethics Commission to redact bank
account numbers from statements of organization before these
documents are made public;

(2)  Requires treasurers and deputy treasurers of political party
committees to reside in the district or county where their
committee sits;

(3)  Requires candidates for office in special districts, cities,
towns, and villages to pay various taxes prior to being eligible
to run for elected office;

(4)  Removes the provision which allows the commission to file a
petition with the circuit court of Cole County requesting an
extension of time to complete an investigation;

(5)  Requires a county assessor to be a resident of the county
for six months prior to being elected or appointed;

(6)  Allows certain third class cities to eliminate primary
elections for the position of mayor or councilman.  Statements of
candidacy may be filed with the county clerk, and the eligible
candidates will be placed on the ballot at a general election;

(7)  Makes it a class three election offense to use an electronic
recording device to record, photograph, copy, or transmit the
content of a voted ballot to any unauthorized person;

(8)  Allows county commissions in third and fourth classification
counties to appoint a land surveyor if the filing deadline for
the office has expired without any candidate filing for the
office and the proper notice has been given as required.
Currently, these county commissions may appoint a land surveyor
following a general election if no qualified candidates file for
the office;

(9)  Prohibits an individual who has been found guilty of or pled
guilty to a felony in Missouri, to any crime committed in any
other jurisdiction that would be a felony if committed in
Missouri, or to any federal felony from qualifying as a candidate
for elective public office including any elective public office
of any political subdivision.  Crimes involving misconduct in
public office whether classified as misdemeanors or felonies will
also disqualify an individual;

(10)  Requires the Secretary of State to establish a secure
system for allowing absentee voting via ballot transmission over
the Internet by those in the military and federal service who are
currently residing outside of the United States.  The Secretary
of State will consider programs that are based on open source
platforms, provide support to participating local election
authorities, provide adequate voter education to oversees voters,
and seek federal funds for the program.  A phased implementation
of the program will begin by June 30, 2010, with full
implementation required by January 1, 2012;

(11)  Specifies a procedure for determining the percentage vote
requirement on all tax measures enacted by popular vote that are
currently stated as a fraction;

(12)  Allows a candidate to request a recount in the case of a
tie vote prior to using the procedures for resolving a tie vote;

(13)  Authorizes political subdivisions, for tax year 2009, to
levy a property tax rate sufficient to generate as much revenue
as was produced in the 2007 tax year, excluding new construction
and improvements, as long as the rate does not exceed the greater
of the rate in effect for the 1984 tax year or the most recent
voter-approved rate; and

(14)  Authorizes voters to petition for an election to lower the
tax rate ceiling of a political subdivision when at least 33% of
the registered voters within the taxing authority's boundaries
sign the petition.  If at least 66% of the votes cast are in
favor of lowering the ceiling, the lowered tax rate ceiling will
become effective.  The petition to lower the tax rate ceiling
cannot include debt service levies.

The substitute contains an emergency clause for the provisions
regarding political subdivisions levying a property tax rate.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Unknown
greater than $15,792 in FY 2010, FY 2011, and FY 2012.  No impact
on Other State Funds in FY 2010, FY 2011, and FY 2012.

PROPONENTS:  Supporters say that the bill will prevent fraud
based on easy access to bank account numbers found on public
documents released by the Missouri Ethics Commission.

Testifying for the bill was Senator Pearce.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say the bill is an
acceptable redaction of information.

Testifying on the bill was Missouri Press Association.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am