Section III Section 18

Constitution

Effective - 27 Feb 1945, see footnote   

  III Section 18.  Appointment of officers of houses — jurisdiction to determine membership — power to make rules, punish for contempt and disorderly conduct and expel members. — Each house shall appoint its own officers; shall be sole judge of the qualifications, election and returns of its own members; may determine the rules of its own proceedings, except as herein provided; may arrest and punish by fine not exceeding three hundred dollars, or imprisonment in a county jail not exceeding ten days, or both, any person not a member, who shall be guilty of disrespect to the house by any disorderly or contemptuous behavior in its presence during its sessions; may punish its members for disorderly conduct; and, with the concurrence of two-thirds of all members elect, may expel a member; but no member shall be expelled a second time for the same cause.

­­--------

Source: Const. of 1875, Art. IV, § 17.

(1954) Action by person desiring to be candidate for senate at election already held, challenging validity of act apportioning senatorial districts, held moot because senate is the sole judge of qualifications of its members. Priesler v. Doherty, 364 Mo. 596, 265 S.W.2d 404.

(1970) Each house of General Assembly is the sole judge of the qualifications of its members, including residence, and the court will not intervene. State v. Banks (Mo.), 454 S.W.2d 498.

(1971) Legislative body of which he is a member has exclusive right to determine elected representative's qualifications to hold or assume office and courts are without jurisdiction to determine issue of removal of residence from district. State v. Hickey (Mo.), 475 S.W.2d 617.

(1972) In proceeding in prohibition to prohibit respondent election boards from placing the name of intervenor on the primary ballot, held that this section applies when a general election has been held and the person elected presents himself for membership, and in instances after the person has been seated and question as to his qualifications and right to remain a member arises, but primary election controveries are to be decided by the courts. State ex rel. Gralike v. Walsh (Mo.), 483 S.W.2d 70.

(1974) Held that lieutenant governor has right to preside over senate but is subject to procedural rules of senate while so doing. State v. Cason (Mo.), 507 S.W.2d 405.