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Section: 130.0057 Campaign finance electronic reporting system, establishment, use of--certain candidates and committees to file in electronic format, when, fees to convert paper copy--purchase of electronic system, requirements--public access. RSMO ...


Published: 2015

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Missouri Revised Statutes













Chapter 130

Campaign Finance Disclosure Law

←130.056

Section 130.057.1

130.057→

August 28, 2015

Campaign finance electronic reporting system, establishment, use of--certain candidates and committees to file in electronic format, when, fees to convert paper copy--purchase of electronic system, requirements--public access.

130.057. 1. In order for candidates for election and public

officials to more easily file reports required by law and to access

information contained in such reports, and for the Missouri ethics

commission to receive and store reports in an efficient and economical

method, and for the general public and news media to access information

contained in such reports, the commission shall establish and maintain an

electronic reporting system pursuant to this section.



2. The ethics commission may establish for elections in 1996 and

shall establish for elections and all required reporting beginning in 1998

and maintain thereafter a state campaign finance and financial interest

disclosure electronic reporting system pursuant to this section for all

candidates required to file. The system may be used for the collection,

filing and dissemination of all reports, including monthly lobbying reports

filed by law, and all reports filed with the commission pursuant to this

chapter and chapter 105. The system may be established and used for all

reports required to be filed for the primary and general elections in 1996

and all elections thereafter, except that the system may require

maintenance of a paper backup system for the primary and general elections

in 1996. The reports shall be maintained and secured in the electronic

format by the commission.



3. When the commission determines that the electronic reporting

system has been properly implemented, the commission shall certify to all

candidates and committees required to file pursuant to this chapter that

such electronic reporting system has been established and implemented.

Beginning with the primary and general elections in 2000, or the next

primary or general election in which the commission has made certification

pursuant to this subsection, whichever is later, candidates and all other

committees shall file reports by using either the electronic format

prescribed by the commission or paper forms provided by the commission for

that purpose. Political action committees shall file reports by electronic

format prescribed by the commission, except political action committees

which make contributions equal to or less than fifteen thousand dollars in

the applicable calendar year. Any political action committee which makes

contributions in support of or opposition to any measure or candidate equal

to or less than fifteen thousand dollars in the applicable calendar year

shall file reports on paper forms provided by the commission for that

purpose or by electronic format prescribed by the commission, whichever

reporting method the political action committee chooses. The commission

shall supply a computer program which shall be used for filing by modem or

by a common magnetic media chosen by the commission. In the event that

filings are performed electronically, the candidate shall file a signed

original written copy within five working days; except that, if a means

becomes available which will allow a verifiable electronic signature, the

commission may also accept this in lieu of a written statement.



4. Beginning January 1, 2000, or on the date the commission makes the

certification pursuant to subsection 3 of this section, whichever is later,

all reports filed with the commission by any candidate for a statewide

office, or such candidate's committee, shall be filed in electronic format

as prescribed by the commission; provided however, that if a candidate for

statewide office, or such candidate's committee receives or spends five

thousand dollars or less for any reporting period, the report for that

reporting period shall not be required to be filed electronically.



5. A copy of all reports filed in the state campaign finance

electronic reporting system shall be placed on a public electronic access

system so that the general public may have open access to the reports filed

pursuant to this section. The access system shall be organized and

maintained in such a manner to allow an individual to obtain information

concerning all contributions made to or on behalf of, and all expenditures

made on behalf of, any public official described in subsection 2 of this

section in formats that will include both written and electronically

readable formats.



6. All records that are in electronic format, not otherwise closed by

law, shall be available in electronic format to the public. The commission

shall maintain and provide for public inspection, a listing of all reports

with a complete description for each field contained on the report, that

has been used to extract information from their database files. The

commission shall develop a report or reports which contain every field in

each database.



7. Annually, the commission shall provide, without cost, a

system-wide dump of information contained in the commission's electronic

database files to the general assembly. The information is to be copied

onto a medium specified by the general assembly. Such information shall

not contain records otherwise closed by law. It is the intent of the

general assembly to provide open access to the commission's records. The

commission shall make every reasonable effort to comply with requests for

information and shall take a liberal interpretation when considering such

requests.



(L. 1994 S.B. 650, A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B. 16, A.L.

1999 H.B. 676 merged with S.B. 31 & 285, A.L. 2010 S.B. 844)



*Revisor's Note: This section was declared unconstitutional in

Legends Bank v. State, see annotation below.



(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).





1999



1999



130.057. 1. In order for candidates for election and public officials

to more easily file reports required by law and to access information

contained in such reports, and for the Missouri ethics commission to receive

and store reports in an efficient and economical method, and for the general

public and news media to access information contained in such reports, the

commission shall establish and maintain an electronic reporting system

pursuant to this section.



2. The ethics commission may establish for elections in 1996 and shall

establish for elections and all required reporting beginning in 1998 and

maintain thereafter a state campaign finance and financial interest disclosure

electronic reporting system pursuant to this section for all candidates

required to file. The system may be used for the collection, filing and

dissemination of all reports, including monthly lobbying reports filed by law,

and all reports filed with the commission pursuant to this chapter and chapter

105, RSMo. The system may be established and used for all reports required to

be filed for the primary and general elections in 1996 and all elections

thereafter, except that the system may require maintenance of a paper backup

system for the primary and general elections in 1996. The reports shall be

maintained and secured in the electronic format by the commission.



3. When the commission determines that the electronic reporting system

has been properly implemented, the commission shall certify to all candidates

and committees required to file pursuant to this chapter that such electronic

reporting system has been established and implemented. Beginning with the

primary and general elections in 2000, or the next primary or general election

in which the commission has made certification pursuant to this subsection,

whichever is later, candidates and all other committees shall file reports by

using either the electronic format prescribed by the commission or paper forms

provided by the commission for that purpose. Continuing committees shall file

reports by electronic format prescribed by the commission, except continuing

committees which make contributions equal to or less than fifteen thousand

dollars in the applicable calendar year. Any continuing committee which makes

contributions in support of or opposition to any measure or candidate equal to

or less than fifteen thousand dollars in the applicable calendar year shall

file reports on paper forms provided by the commission for that purpose or by

electronic format prescribed by the commission, whichever reporting method the

continuing committee chooses. The commission shall supply a computer program

which shall be used for filing by modem or by a common magnetic media chosen

by the commission. In the event that filings are performed electronically,

the candidate shall file a signed original written copy within five working

days; except that, if a means becomes available which will allow a verifiable

electronic signature, the commission may also accept this in lieu of a written

statement.



4. Beginning January 1, 2000, or on the date the commission makes the

certification pursuant to subsection 3 of this section, whichever is later,

all reports filed with the commission by any candidate for a statewide office,

or such candidate's committee, shall be filed in electronic format as

prescribed by the commission; provided however, that if a candidate for

statewide office, or such candidate's committee receives or spends five

thousand dollars or less for any reporting period, the report for that

reporting period shall not be required to be filed electronically.



5. A copy of all reports filed in the state campaign finance electronic

reporting system shall be placed on a public electronic access system so that

the general public may have open access to the reports filed pursuant to this

section. The access system shall be organized and maintained in such a manner

to allow an individual to obtain information concerning all contributions made

to or on behalf of, and all expenditures made on behalf of, any public

official described in subsection 2 of this section in formats that will

include both written and electronically readable formats.



6. All records that are in electronic format, not otherwise closed by

law, shall be available in electronic format to the public. The commission

shall maintain and provide for public inspection, a listing of all reports

with a complete description for each field contained on the report, that has

been used to extract information from their database files. The commission

shall develop a report or reports which contain every field in each database.



7. Annually, the commission shall provide, without cost, a system-wide

dump of information contained in the commission's electronic database files to

the general assembly. The information is to be copied onto a medium specified

by the general assembly. Such information shall not contain records otherwise

closed by law. It is the intent of the general assembly to provide open

access to the commission's records. The commission shall make every

reasonable effort to comply with requests for information and shall take a

liberal interpretation when considering such requests.



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