Section 130.034

Title IX SUFFRAGE AND ELECTIONS

Chapter 130

Effective - 28 Aug 2016, 2 histories   

  130.034.  Contributions not to be converted to personal use — allowable uses — gifts — disposition of contributions upon death — restitution payments, fines — exploratory committee funds, use — funds held to be liquid, when, investment of funds, exceptions. — 1.  Contributions as defined in section 130.011, received by any committee shall not be converted to any personal use.

  2.  Contributions may be used for any purpose allowed by law including, but not limited to:

  (1)  Any ordinary expenses incurred relating to a campaign;

  (2)  Any ordinary and necessary expenses incurred in connection with the duties of a holder of elective office;

  (3)  Any expenses associated with the duties of candidacy or of elective office pertaining to the entertaining of or providing social courtesies to constituents, professional associations, or other holders of elective office;

  (4)  The return of any contribution to the person who made the contribution to the candidate or holder of elective office;

  (5)  To contribute to a political organization or candidate committee as allowed by law;

  (6)  To establish a new committee as defined by this chapter;

  (7)  To make an unconditional gift which is fully vested to any charitable, fraternal or civic organizations or other associations formed to provide for some good in the order of benevolence, if such candidate, former candidate or holder of elective office or such person's immediate family gain no direct financial benefit from the unconditional gift;

  (8)  Except when such candidate, former candidate or holder of elective office dies while the committee remains in existence, the committee may make an unconditional gift to a fund established for the benefit of the spouse and children of the candidate, former candidate or holder of elective office.  The provisions of this subdivision shall expire October 1, 1997.

  3.  Upon the death of the candidate, former candidate or holder of elective office who received such contributions, all contributions shall be disposed of according to this section and any funds remaining after final settlement of the candidate's decedent's estate, or if no estate is opened, then twelve months after the candidate's death, will escheat to the state of Missouri to be deposited in the general revenue fund.

  4.  No contributions, as defined in section 130.011, received by a candidate, former candidate or holder of elective office shall be used to make restitution payments ordered of such individual by a court of law or for the payment of any fine resulting from conviction of a violation of any local, state or federal law.

  5.  Committees described in subdivision (17) of section 130.011 shall make expenditures only for the purpose of determining whether an individual will be a candidate.  Such expenditures include polling information, mailings, personal appearances, telephone expenses, office and travel expenses but may not include contributions to other candidate committees.

  6.  Any moneys in the exploratory committee fund may be transferred to the candidate committee upon declaration of candidacy for the position being explored.  Such funds shall be included for the purposes of reporting and limitation.  In the event that candidacy is not declared for the position being explored, the remaining exploratory committee funds shall be returned to the contributors on a pro rata basis.  In no event shall the amount returned exceed the amount given by each contributor nor be less than ten dollars.

  7.  Funds held in candidate committees, campaign committees, debt service committees, and exploratory committees shall be liquid such that these funds shall be readily available for the specific and limited purposes allowed by law.  These funds may be invested only in short-term treasury instruments or short-term bank certificates with durations of one year or less, or that allow the removal of funds at any time without any additional financial penalty other than the loss of interest income.  Continuing committees, political party committees, and other committees such as out-of-state committees not formed for the benefit of any single candidate or ballot issue shall not be subject to the provisions of this subsection.  This subsection shall not be interpreted to restrict the placement of funds in an interest-bearing checking account.

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(L. 1994 S.B. 650, A.L. 1995 H.B. 484, et al., A.L. 1997 S.B. 16, A.L. 2016 H.B. 2203)