Section 115.646

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 28 Aug 2021, 2 histories   

  115.646.  Public funds expenditure by political subdivision officer or employee, prohibited — personal appearances permitted — violation, penalty. — No contribution or expenditure of public funds shall be made directly by any officer, employee or agent of any political subdivision, including school districts and charter schools, to advocate, support, or oppose the passage or defeat of any ballot measure or the nomination or election of any candidate for public office, or to direct any public funds to, or pay any debts or obligations of, any committee supporting or opposing such ballot measures or candidates.  This section shall not be construed to prohibit any public official of a political subdivision, including school districts and charter schools, from making public appearances or from issuing press releases concerning any such ballot measure.  Any purposeful violation of this section shall be punished as a class four election offense.

­­--------

(L. 1988 H.B. 933, et al. § 1, A.L. 2021 H.B. 271 merged with S.B. 86)

(2022) Section regulates the use of public funds, not the speech of political subdivision officials, and thus does not violate the First Amendment.  City of Maryland Heights v. State, 638 S.W.3d 895 (Mo.banc).