Section 130.028

Title IX SUFFRAGE AND ELECTIONS

Chapter 130

Effective - 28 Aug 2010, 3 histories, see footnote (all or part is unconstitutional)  (history) 

  *130.028.  Repealed effective January 1, 2017 — Prohibitions against certain discrimination or intimidation relating to elections — contributions by employees, payroll deduction, when. — 1.  Every person, labor organization, or corporation organized or existing by virtue of the laws of this state, or doing business in this state who shall:

  (1)  Discriminate or threaten to discriminate against any member in this state with respect to his membership, or discharge or discriminate or threaten to discriminate against any employee in this state, with respect to his compensation, terms, conditions or privileges of employment by reason of his political beliefs or opinions; or

  (2)  Coerce or attempt to coerce, intimidate or bribe any member or employee to vote or refrain from voting for any candidate at any election in this state; or

  (3)  Coerce or attempt to coerce, intimidate or bribe any member or employee to vote or refrain from voting for any issue at any election in this state; or

  (4)  Make any member or employee as a condition of membership or employment, contribute to any candidate, political committee or separate political fund; or

  (5)  Discriminate or threaten to discriminate against any member or employee in this state for contributing or refusing to contribute to any candidate, political committee or separate political fund with respect to the privileges of membership or with respect to his employment and the compensation, terms, conditions or privileges related thereto shall be guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not more than five thousand dollars and confinement for not more than six months, or both, provided, after January 1, 1979, the violation of this subsection shall be a class D felony.

  2.  No employer, corporation, political action committee, or labor organization shall receive or cause to be made contributions from its members or employees except on the advance voluntary permission of the members or employees.  Violation of this section by the corporation, employer, political action committee or labor organization shall be a class A misdemeanor.

  3.  An employer shall, upon written request by ten or more employees, provide its employees with the option of contributing to a political action committee as defined in section 130.011 through payroll deduction, if the employer has a system of payroll deduction.  No contribution to a political action committee from an employee through payroll deduction shall be made other than to a political action committee voluntarily chosen by the employee.  Violation of this section shall be a class A misdemeanor.

  4.  Any person aggrieved by any act prohibited by this section shall, in addition to any other remedy provided by law, be entitled to maintain within one year from the date of the prohibited act, a civil action in the courts of this state, and if successful, he shall be awarded civil damages of not less than one hundred dollars and not more than one thousand dollars, together with his costs, including reasonable attorney's fees.  Each violation shall be a separate cause of action.

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(L. 1978 S.B. 839, A.L. 1994 S.B. 650, A.L. 2010 S.B. 844)

*Revisor's Note: This section as amended by S.B. 844 in 2010 was declared unconstitutional in Legends Bank v. State, see annotation below.  This version was repealed by S.B. 491, 2014, effective 1-01-17.

*This section was amended by S.B. 491, 2014, effective 1-01-17.  Due to the delayed effective date and the delayed repeal date, three versions of this section are printed here.

(2012)  Senate Bill 844 provision declared unconstitutional as a violation of the original purpose requirement of Art. III, Sec. 21, Constitution of Missouri.  Legends Bank v. State, 361 S.W.3d 383 (Mo. banc).