130.011. As used in this chapter, unless the context clearlyindicates otherwise, the following terms mean:
(1) "Appropriate officer" or "appropriate officers", the person orpersons designated in section 130.026 to receive certain requiredstatements and reports;
(2) "Ballot measure" or "measure", any proposal submitted or intendedto be submitted to qualified voters for their approval or rejection,including any proposal submitted by initiative petition, referendumpetition, or by the general assembly or any local governmental body havingauthority to refer proposals to the voter;
(3) "Candidate", an individual who seeks nomination or election topublic office. The term "candidate" includes an elected officeholder whois the subject of a recall election, an individual who seeks nomination bythe individual's political party for election to public office, anindividual standing for retention in an election to an office to which theindividual was previously appointed, an individual who seeks nomination orelection whether or not the specific elective public office to be soughthas been finally determined by such individual at the time the individualmeets the conditions described in paragraph (a) or (b) of this subdivision,and an individual who is a write-in candidate as defined in subdivision(28) of this section. A candidate shall be deemed to seek nomination orelection when the person first:
(a) Receives contributions or makes expenditures or reserves space orfacilities with intent to promote the person's candidacy for office; or
(b) Knows or has reason to know that contributions are being receivedor expenditures are being made or space or facilities are being reservedwith the intent to promote the person's candidacy for office; except that,such individual shall not be deemed a candidate if the person files astatement with the appropriate officer within five days after learning ofthe receipt of contributions, the making of expenditures, or thereservation of space or facilities disavowing the candidacy and statingthat the person will not accept nomination or take office if elected;provided that, if the election at which such individual is supported as acandidate is to take place within five days after the person's learning ofthe above-specified activities, the individual shall file the statementdisavowing the candidacy within one day; or
(c) Announces or files a declaration of candidacy for office;
(4) "Cash", currency, coin, United States postage stamps, or anynegotiable instrument which can be transferred from one person to anotherperson without the signature or endorsement of the transferor;
(5) "Check", a check drawn on a state or federal bank, or a draft ona negotiable order of withdrawal account in a savings and loan associationor a share draft account in a credit union;
(6) "Closing date", the date through which a statement or report isrequired to be complete;
(7) "Committee", a person or any combination of persons, who acceptscontributions or makes expenditures for the primary or incidental purposeof influencing or attempting to influence the action of voters for oragainst the nomination or election to public office of one or morecandidates or the qualification, passage or defeat of any ballot measure orfor the purpose of paying a previously incurred campaign debt or obligationof a candidate or the debts or obligations of a committee or for thepurpose of contributing funds to another committee:
(a) "Committee", does not include:
a. A person or combination of persons, if neither the aggregate ofexpenditures made nor the aggregate of contributions received during acalendar year exceeds five hundred dollars and if no single contributor hascontributed more than two hundred fifty dollars of such aggregatecontributions;
b. An individual, other than a candidate, who accepts nocontributions and who deals only with the individual's own funds orproperty;
c. A corporation, cooperative association, partnership,proprietorship, or joint venture organized or operated for a primary orprincipal purpose other than that of influencing or attempting to influencethe action of voters for or against the nomination or election to publicoffice of one or more candidates or the qualification, passage or defeat ofany ballot measure, and it accepts no contributions, and all expendituresit makes are from its own funds or property obtained in the usual course ofbusiness or in any commercial or other transaction and which are notcontributions as defined by subdivision (12) of this section;
d. A labor organization organized or operated for a primary orprincipal purpose other than that of influencing or attempting to influencethe action of voters for or against the nomination or election to publicoffice of one or more candidates, or the qualification, passage, or defeatof any ballot measure, and it accepts no contributions, and expendituresmade by the organization are from its own funds or property received frommembership dues or membership fees which were given or solicited for thepurpose of supporting the normal and usual activities and functions of theorganization and which are not contributions as defined by subdivision (12)of this section;
e. A person who acts as an authorized agent for a committee insoliciting or receiving contributions or in making expenditures orincurring indebtedness on behalf of the committee if such person renders tothe committee treasurer or deputy treasurer or candidate, if applicable, anaccurate account of each receipt or other transaction in the detailrequired by the treasurer to comply with all record-keeping and reportingrequirements of this chapter;
f. Any department, agency, board, institution or other entity of thestate or any of its subdivisions or any officer or employee thereof, actingin the person's official capacity;
(b) The term "committee" includes, but is not limited to, each of thefollowing committees: campaign committee, candidate committee, continuingcommittee and political party committee;
(8) "Campaign committee", a committee, other than a candidatecommittee, which shall be formed by an individual or group of individualsto receive contributions or make expenditures and whose sole purpose is tosupport or oppose the qualification and passage of one or more particularballot measures in an election or the retention of judges under thenonpartisan court plan, such committee shall be formed no later than thirtydays prior to the election for which the committee receives contributionsor makes expenditures, and which shall terminate the later of either thirtydays after the general election or upon the satisfaction of all committeedebt after the general election, except that no committee retiring debtshall engage in any other activities in support of a measure for which thecommittee was formed;
(9) "Candidate committee", a committee which shall be formed by acandidate to receive contributions or make expenditures in behalf of theperson's candidacy and which shall continue in existence for use by anelected candidate or which shall terminate the later of either thirty daysafter the general election for a candidate who was not elected or upon thesatisfaction of all committee debt after the election, except that nocommittee retiring debt shall engage in any other activities in support ofthe candidate for which the committee was formed. Any candidate forelective office shall have only one candidate committee for the electiveoffice sought, which is controlled directly by the candidate for thepurpose of making expenditures. A candidate committee is presumed to beunder the control and direction of the candidate unless the candidate filesan affidavit with the appropriate officer stating that the committee isacting without control or direction on the candidate's part;
(10) "Continuing committee", a committee of continuing existencewhich is not formed, controlled or directed by a candidate, and is acommittee other than a candidate committee or campaign committee, whoseprimary or incidental purpose is to receive contributions or makeexpenditures to influence or attempt to influence the action of voterswhether or not a particular candidate or candidates or a particular ballotmeasure or measures to be supported or opposed has been determined at thetime the committee is required to file any statement or report pursuant tothe provisions of this chapter. "Continuing committee" includes, but isnot limited to, any committee organized or sponsored by a business entity,a labor organization, a professional association, a trade or businessassociation, a club or other organization and whose primary purpose is tosolicit, accept and use contributions from the members, employees orstockholders of such entity and any individual or group of individuals whoaccept and use contributions to influence or attempt to influence theaction of voters. Such committee shall be formed no later than sixty daysprior to the election for which the committee receives contributions ormakes expenditures;
(11) "Connected organization", any organization such as acorporation, a labor organization, a membership organization, acooperative, or trade or professional association which expends funds orprovides services or facilities to establish, administer or maintain acommittee or to solicit contributions to a committee from its members,officers, directors, employees or security holders. An organization shallbe deemed to be the connected organization if more than fifty percent ofthe persons making contributions to the committee during the currentcalendar year are members, officers, directors, employees or securityholders of such organization or their spouses;
(12) "Contribution", a payment, gift, loan, advance, deposit, ordonation of money or anything of value for the purpose of supporting oropposing the nomination or election of any candidate for public office orthe qualification, passage or defeat of any ballot measure, or for thesupport of any committee supporting or opposing candidates or ballotmeasures or for paying debts or obligations of any candidate or committeepreviously incurred for the above purposes. A contribution of anything ofvalue shall be deemed to have a money value equivalent to the fair marketvalue. "Contribution" includes, but is not limited to:
(a) A candidate's own money or property used in support of theperson's candidacy other than expense of the candidate's food, lodging,travel, and payment of any fee necessary to the filing for public office;
(b) Payment by any person, other than a candidate or committee, tocompensate another person for services rendered to that candidate orcommittee;
(c) Receipts from the sale of goods and services, including the saleof advertising space in a brochure, booklet, program or pamphlet of acandidate or committee and the sale of tickets or political merchandise;
(d) Receipts from fund-raising events including testimonial affairs;
(e) Any loan, guarantee of a loan, cancellation or forgiveness of aloan or debt or other obligation by a third party, or payment of a loan ordebt or other obligation by a third party if the loan or debt or otherobligation was contracted, used, or intended, in whole or in part, for usein an election campaign or used or intended for the payment of such debtsor obligations of a candidate or committee previously incurred, or whichwas made or received by a committee;
(f) Funds received by a committee which are transferred to suchcommittee from another committee or other source, except funds received bya candidate committee as a transfer of funds from another candidatecommittee controlled by the same candidate but such transfer shall beincluded in the disclosure reports;
(g) Facilities, office space or equipment supplied by any person to acandidate or committee without charge or at reduced charges, exceptgratuitous space for meeting purposes which is made available regularly tothe public, including other candidates or committees, on an equal basis forsimilar purposes on the same conditions;
(h) The direct or indirect payment by any person, other than aconnected organization, of the costs of establishing, administering, ormaintaining a committee, including legal, accounting and computer services,fund raising and solicitation of contributions for a committee;
(i) "Contribution" does not include:
a. Ordinary home hospitality or services provided withoutcompensation by individuals volunteering their time in support of or inopposition to a candidate, committee or ballot measure, nor the necessaryand ordinary personal expenses of such volunteers incidental to theperformance of voluntary activities, so long as no compensation is directlyor indirectly asked or given;
b. An offer or tender of a contribution which is expressly andunconditionally rejected and returned to the donor within ten business daysafter receipt or transmitted to the state treasurer;
c. Interest earned on deposit of committee funds;
d. The costs incurred by any connected organization listed pursuantto subdivision (4) of subsection 5 of section 130.021 for establishing,administering or maintaining a committee, or for the solicitation ofcontributions to a committee which solicitation is solely directed orrelated to the members, officers, directors, employees or security holdersof the connected organization;
(13) "County", any one of the several counties of this state or thecity of St. Louis;
(14) "Disclosure report", an itemized report of receipts,expenditures and incurred indebtedness which is prepared on forms approvedby the Missouri ethics commission and filed at the times and placesprescribed;
(15) "Election", any primary, general or special election held tonominate or elect an individual to public office, to retain or recall anelected officeholder or to submit a ballot measure to the voters, and anycaucus or other meeting of a political party or a political party committeeat which that party's candidate or candidates for public office areofficially selected. A primary election and the succeeding generalelection shall be considered separate elections;
(16) "Expenditure", a payment, advance, conveyance, deposit, donationor contribution of money or anything of value for the purpose of supportingor opposing the nomination or election of any candidate for public officeor the qualification or passage of any ballot measure or for the support ofany committee which in turn supports or opposes any candidate or ballotmeasure or for the purpose of paying a previously incurred campaign debt orobligation of a candidate or the debts or obligations of a committee; apayment, or an agreement or promise to pay, money or anything of value,including a candidate's own money or property, for the purchase of goods,services, property, facilities or anything of value for the purpose ofsupporting or opposing the nomination or election of any candidate forpublic office or the qualification or passage of any ballot measure or forthe support of any committee which in turn supports or opposes anycandidate or ballot measure or for the purpose of paying a previouslyincurred campaign debt or obligation of a candidate or the debts orobligations of a committee. An expenditure of anything of value shall bedeemed to have a money value equivalent to the fair market value."Expenditure" includes, but is not limited to:
(a) Payment by anyone other than a committee for services of anotherperson rendered to such committee;
(b) The purchase of tickets, goods, services or political merchandisein connection with any testimonial affair or fund-raising event of or forcandidates or committees, or the purchase of advertising in a brochure,booklet, program or pamphlet of a candidate or committee;
(c) The transfer of funds by one committee to another committee;
(d) The direct or indirect payment by any person, other than aconnected organization for a committee, of the costs of establishing,administering or maintaining a committee, including legal, accounting andcomputer services, fund raising and solicitation of contributions for acommittee; but
(e) "Expenditure" does not include:
a. Any news story, commentary or editorial which is broadcast orpublished by any broadcasting station, newspaper, magazine or otherperiodical without charge to the candidate or to any person supporting oropposing a candidate or ballot measure;
b. The internal dissemination by any membership organization,proprietorship, labor organization, corporation, association or otherentity of information advocating the election or defeat of a candidate orcandidates or the passage or defeat of a ballot measure or measures to itsdirectors, officers, members, employees or security holders, provided thatthe cost incurred is reported pursuant to subsection 2 of section 130.051*;
c. Repayment of a loan, but such repayment shall be indicated inrequired reports;
d. The rendering of voluntary personal services by an individual ofthe sort commonly performed by volunteer campaign workers and the paymentby such individual of the individual's necessary and ordinary personalexpenses incidental to such volunteer activity, provided no compensationis, directly or indirectly, asked or given;
e. The costs incurred by any connected organization listed pursuantto subdivision (4) of subsection 5 of section 130.021 for establishing,administering or maintaining a committee, or for the solicitation ofcontributions to a committee which solicitation is solely directed orrelated to the members, officers, directors, employees or security holdersof the connected organization;
f. The use of a candidate's own money or property for expense of thecandidate's personal food, lodging, travel, and payment of any feenecessary to the filing for public office, if such expense is notreimbursed to the candidate from any source;
(17) "Exploratory committees", a committee which shall be formed byan individual to receive contributions and make expenditures on behalf ofthis individual in determining whether or not the individual seeks electiveoffice. Such committee shall terminate no later than December thirty-firstof the year prior to the general election for the possible office;
(18) "Fund-raising event", an event such as a dinner, luncheon,reception, coffee, testimonial, rally, auction or similar affair throughwhich contributions are solicited or received by such means as the purchaseof tickets, payment of attendance fees, donations for prizes or through thepurchase of goods, services or political merchandise;
(19) "In-kind contribution" or "in-kind expenditure", a contributionor expenditure in a form other than money;
(20) "Labor organization", any organization of any kind, or anyagency or employee representation committee or plan, in which employeesparticipate and which exists for the purpose, in whole or in part, ofdealing with employers concerning grievances, labor disputes, wages, ratesof pay, hours of employment, or conditions of work;
(21) "Loan", a transfer of money, property or anything ofascertainable monetary value in exchange for an obligation, conditional ornot, to repay in whole or in part and which was contracted, used, orintended for use in an election campaign, or which was made or received bya committee or which was contracted, used, or intended to pay previouslyincurred campaign debts or obligations of a candidate or the debts orobligations of a committee;
(22) "Person", an individual, group of individuals, corporation,partnership, committee, proprietorship, joint venture, any department,agency, board, institution or other entity of the state or any of itspolitical subdivisions, union, labor organization, trade or professional orbusiness association, association, political party or any executivecommittee thereof, or any other club or organization however constituted orany officer or employee of such entity acting in the person's officialcapacity;
(23) "Political merchandise", goods such as bumper stickers, pins,hats, ties, jewelry, literature, or other items sold or distributed at afund-raising event or to the general public for publicity or for thepurpose of raising funds to be used in supporting or opposing a candidatefor nomination or election or in supporting or opposing the qualification,passage or defeat of a ballot measure;
(24) "Political party", a political party which has the right underlaw to have the names of its candidates listed on the ballot in a generalelection;
(25) "Political party committee", a state, district, county, city, orarea committee of a political party, as defined in section 115.603, RSMo,which may be organized as a not-for-profit corporation under Missouri law,and which committee is of continuing existence, and has the primary orincidental purpose of receiving contributions and making expenditures toinfluence or attempt to influence the action of voters on behalf of thepolitical party;
(26) "Public office" or "office", any state, judicial, county,municipal, school or other district, ward, township, or other politicalsubdivision office or any political party office which is filled by a voteof registered voters;
(27) "Regular session", includes that period beginning on the firstWednesday after the first Monday in January and ending following the firstFriday after the second Monday in May;
(28) "Write-in candidate", an individual whose name is not printed onthe ballot but who otherwise meets the definition of candidate insubdivision (3) of this section.
130.011. As used in this chapter, unless the context clearlyindicates otherwise, the following terms mean:
(1) "Appropriate officer" or "appropriate officers", the person orpersons designated in section 130.026 to receive certain requiredstatements and reports;
(2) "Ballot measure" or "measure", any proposal submitted or intendedto be submitted to qualified voters for their approval or rejection,including any proposal submitted by initiative petition, referendumpetition, or by the general assembly or any local governmental body havingauthority to refer proposals to the voter;
(3) "Candidate", an individual who seeks nomination or election topublic office. The term "candidate" includes an elected officeholder whois the subject of a recall election, an individual who seeks nomination bythe individual's political party for election to public office, anindividual standing for retention in an election to an office to which theindividual was previously appointed, an individual who seeks nomination orelection whether or not the specific elective public office to be soughthas been finally determined by such individual at the time the individualmeets the conditions described in paragraph (a) or (b) of this subdivision,and an individual who is a write-in candidate as defined in subdivision(28) of this section. A candidate shall be deemed to seek nomination orelection when the person first:
(a) Receives contributions or makes expenditures or reserves space orfacilities with intent to promote the person's candidacy for office; or
(b) Knows or has reason to know that contributions are being receivedor expenditures are being made or space or facilities are being reservedwith the intent to promote the person's candidacy for office; except that,such individual shall not be deemed a candidate if the person files astatement with the appropriate officer within five days after learning ofthe receipt of contributions, the making of expenditures, or thereservation of space or facilities disavowing the candidacy and statingthat the person will not accept nomination or take office if elected;provided that, if the election at which such individual is supported as acandidate is to take place within five days after the person's learning ofthe above-specified activities, the individual shall file the statementdisavowing the candidacy within one day; or
(c) Announces or files a declaration of candidacy for office;
(4) "Cash", currency, coin, United States postage stamps, or anynegotiable instrument which can be transferred from one person to anotherperson without the signature or endorsement of the transferor;
(5) "Check", a check drawn on a state or federal bank, or a draft ona negotiable order of withdrawal account in a savings and loan associationor a share draft account in a credit union;
(6) "Closing date", the date through which a statement or report isrequired to be complete;
(7) "Committee", a person or any combination of persons, who acceptscontributions or makes expenditures for the primary or incidental purposeof influencing or attempting to influence the action of voters for oragainst the nomination or election to public office of one or morecandidates or the qualification, passage or defeat of any ballot measure orfor the purpose of paying a previously incurred campaign debt or obligationof a candidate or the debts or obligations of a committee or for thepurpose of contributing funds to another committee:
(a) "Committee", does not include:
a. A person or combination of persons, if neither the aggregate ofexpenditures made nor the aggregate of contributions received during acalendar year exceeds five hundred dollars and if no single contributor hascontributed more than two hundred fifty dollars of such aggregatecontributions;
b. An individual, other than a candidate, who accepts nocontributions and who deals only with the individual's own funds orproperty;
c. A corporation, cooperative association, partnership,proprietorship, or joint venture organized or operated for a primary orprincipal purpose other than that of influencing or attempting to influencethe action of voters for or against the nomination or election to publicoffice of one or more candidates or the qualification, passage or defeat ofany ballot measure, and it accepts no contributions, and all expendituresit makes are from its own funds or property obtained in the usual course ofbusiness or in any commercial or other transaction and which are notcontributions as defined by subdivision (12) of this section;
d. A labor organization organized or operated for a primary orprincipal purpose other than that of influencing or attempting to influencethe action of voters for or against the nomination or election to publicoffice of one or more candidates, or the qualification, passage, or defeatof any ballot measure, and it accepts no contributions, and expendituresmade by the organization are from its own funds or property received frommembership dues or membership fees which were given or solicited for thepurpose of supporting the normal and usual activities and functions of theorganization and which are not contributions as defined by subdivision (12)of this section;
e. A person who acts as an authorized agent for a committee insoliciting or receiving contributions or in making expenditures orincurring indebtedness on behalf of the committee if such person renders tothe committee treasurer or deputy treasurer or candidate, if applicable, anaccurate account of each receipt or other transaction in the detailrequired by the treasurer to comply with all record-keeping and reportingrequirements of this chapter;
f. Any department, agency, board, institution or other entity of thestate or any of its subdivisions or any officer or employee thereof, actingin the person's official capacity;
(b) The term "committee" includes, but is not limited to, each of thefollowing committees: campaign committee, candidate committee, continuingcommittee and political party committee;
(8) "Campaign committee", a committee, other than a candidatecommittee, which shall be formed by an individual or group of individualsto receive contributions or make expenditures and whose sole purpose is tosupport or oppose the qualification and passage of one or more particularballot measures in an election or the retention of judges under thenonpartisan court plan, such committee shall be formed no later than thirtydays prior to the election for which the committee receives contributionsor makes expenditures, and which shall terminate the later of either thirtydays after the general election or upon the satisfaction of all committeedebt after the general election, except that no committee retiring debtshall engage in any other activities in support of a measure for which thecommittee was formed;
(9) "Candidate committee", a committee which shall be formed by acandidate to receive contributions or make expenditures in behalf of theperson's candidacy and which shall continue in existence for use by anelected candidate or which shall terminate the later of either thirty daysafter the general election for a candidate who was not elected or upon thesatisfaction of all committee debt after the election, except that nocommittee retiring debt shall engage in any other activities in support ofthe candidate for which the committee was formed. Any candidate forelective office shall have only one candidate committee for the electiveoffice sought, which is controlled directly by the candidate for thepurpose of making expenditures. A candidate committee is presumed to beunder the control and direction of the candidate unless the candidate filesan affidavit with the appropriate officer stating that the committee isacting without control or direction on the candidate's part;
(10) "Continuing committee", a committee of continuing existencewhich is not formed, controlled or directed by a candidate, and is acommittee other than a candidate committee or campaign committee, whoseprimary or incidental purpose is to receive contributions or makeexpenditures to influence or attempt to influence the action of voterswhether or not a particular candidate or candidates or a particular ballotmeasure or measures to be supported or opposed has been determined at thetime the committee is required to file any statement or report pursuant tothe provisions of this chapter. "Continuing committee" includes, but isnot limited to, any committee organized or sponsored by a business entity,a labor organization, a professional association, a trade or businessassociation, a club or other organization and whose primary purpose is tosolicit, accept and use contributions from the members, employees orstockholders of such entity and any individual or group of individuals whoaccept and use contributions to influence or attempt to influence theaction of voters. Such committee shall be formed no later than sixty daysprior to the election for which the committee receives contributions ormakes expenditures;
(11) "Connected organization", any organization such as acorporation, a labor organization, a membership organization, acooperative, or trade or professional association which expends funds orprovides services or facilities to establish, administer or maintain acommittee or to solicit contributions to a committee from its members,officers, directors, employees or security holders. An organization shallbe deemed to be the connected organization if more than fifty percent ofthe persons making contributions to the committee during the currentcalendar year are members, officers, directors, employees or securityholders of such organization or their spouses;
(12) "Contribution", a payment, gift, loan, advance, deposit, ordonation of money or anything of value for the purpose of supporting oropposing the nomination or election of any candidate for public office orthe qualification, passage or defeat of any ballot measure, or for thesupport of any committee supporting or opposing candidates or ballotmeasures or for paying debts or obligations of any candidate or committeepreviously incurred for the above purposes. A contribution of anything ofvalue shall be deemed to have a money value equivalent to the fair marketvalue. "Contribution" includes, but is not limited to:
(a) A candidate's own money or property used in support of theperson's candidacy other than expense of the candidate's food, lodging,travel, and payment of any fee necessary to the filing for public office;
(b) Payment by any person, other than a candidate or committee, tocompensate another person for services rendered to that candidate orcommittee;
(c) Receipts from the sale of goods and services, including the saleof advertising space in a brochure, booklet, program or pamphlet of acandidate or committee and the sale of tickets or political merchandise;
(d) Receipts from fund-raising events including testimonial affairs;
(e) Any loan, guarantee of a loan, cancellation or forgiveness of aloan or debt or other obligation by a third party, or payment of a loan ordebt or other obligation by a third party if the loan or debt or otherobligation was contracted, used, or intended, in whole or in part, for usein an election campaign or used or intended for the payment of such debtsor obligations of a candidate or committee previously incurred, or whichwas made or received by a committee;
(f) Funds received by a committee which are transferred to suchcommittee from another committee or other source, except funds received bya candidate committee as a transfer of funds from another candidatecommittee controlled by the same candidate but such transfer shall beincluded in the disclosure reports;
(g) Facilities, office space or equipment supplied by any person to acandidate or committee without charge or at reduced charges, exceptgratuitous space for meeting purposes which is made available regularly tothe public, including other candidates or committees, on an equal basis forsimilar purposes on the same conditions;
(h) The direct or indirect payment by any person, other than aconnected organization, of the costs of establishing, administering, ormaintaining a committee, including legal, accounting and computer services,fund raising and solicitation of contributions for a committee;
(i) "Contribution" does not include:
a. Ordinary home hospitality or services provided withoutcompensation by individuals volunteering their time in support of or inopposition to a candidate, committee or ballot measure, nor the necessaryand ordinary personal expenses of such volunteers incidental to theperformance of voluntary activities, so long as no compensation is directlyor indirectly asked or given;
b. An offer or tender of a contribution which is expressly andunconditionally rejected and returned to the donor within ten business daysafter receipt or transmitted to the state treasurer;
c. Interest earned on deposit of committee funds;
d. The costs incurred by any connected organization listed pursuantto subdivision (4) of subsection 5 of section 130.021 for establishing,administering or maintaining a committee, or for the solicitation ofcontributions to a committee which solicitation is solely directed orrelated to the members, officers, directors, employees or security holdersof the connected organization;
(13) "County", any one of the several counties of this state or thecity of St. Louis;
(14) "Disclosure report", an itemized report of receipts,expenditures and incurred indebtedness which is prepared on forms approvedby the Missouri ethics commission and filed at the times and placesprescribed;
(15) "Election", any primary, general or special election held tonominate or elect an individual to public office, to retain or recall anelected officeholder or to submit a ballot measure to the voters, and anycaucus or other meeting of a political party or a political party committeeat which that party's candidate or candidates for public office areofficially selected. A primary election and the succeeding generalelection shall be considered separate elections;
(16) "Expenditure", a payment, advance, conveyance, deposit, donationor contribution of money or anything of value for the purpose of supportingor opposing the nomination or election of any candidate for public officeor the qualification or passage of any ballot measure or for the support ofany committee which in turn supports or opposes any candidate or ballotmeasure or for the purpose of paying a previously incurred campaign debt orobligation of a candidate or the debts or obligations of a committee; apayment, or an agreement or promise to pay, money or anything of value,including a candidate's own money or property, for the purchase of goods,services, property, facilities or anything of value for the purpose ofsupporting or opposing the nomination or election of any candidate forpublic office or the qualification or passage of any ballot measure or forthe support of any committee which in turn supports or opposes anycandidate or ballot measure or for the purpose of paying a previouslyincurred campaign debt or obligation of a candidate or the debts orobligations of a committee. An expenditure of anything of value shall bedeemed to have a money value equivalent to the fair market value."Expenditure" includes, but is not limited to:
(a) Payment by anyone other than a committee for services of anotherperson rendered to such committee;
(b) The purchase of tickets, goods, services or political merchandisein connection with any testimonial affair or fund-raising event of or forcandidates or committees, or the purchase of advertising in a brochure,booklet, program or pamphlet of a candidate or committee;
(c) The transfer of funds by one committee to another committee;
(d) The direct or indirect payment by any person, other than aconnected organization for a committee, of the costs of establishing,administering or maintaining a committee, including legal, accounting andcomputer services, fund raising and solicitation of contributions for acommittee; but
(e) "Expenditure" does not include:
a. Any news story, commentary or editorial which is broadcast orpublished by any broadcasting station, newspaper, magazine or otherperiodical without charge to the candidate or to any person supporting oropposing a candidate or ballot measure;
b. The internal dissemination by any membership organization,proprietorship, labor organization, corporation, association or otherentity of information advocating the election or defeat of a candidate orcandidates or the passage or defeat of a ballot measure or measures to itsdirectors, officers, members, employees or security holders, provided thatthe cost incurred is reported pursuant to subsection 2 of section 130.051*;
c. Repayment of a loan, but such repayment shall be indicated inrequired reports;
d. The rendering of voluntary personal services by an individual ofthe sort commonly performed by volunteer campaign workers and the paymentby such individual of the individual's necessary and ordinary personalexpenses incidental to such volunteer activity, provided no compensationis, directly or indirectly, asked or given;
e. The costs incurred by any connected organization listed pursuantto subdivision (4) of subsection 5 of section 130.021 for establishing,administering or maintaining a committee, or for the solicitation ofcontributions to a committee which solicitation is solely directed orrelated to the members, officers, directors, employees or security holdersof the connected organization;
f. The use of a candidate's own money or property for expense of thecandidate's personal food, lodging, travel, and payment of any feenecessary to the filing for public office, if such expense is notreimbursed to the candidate from any source;
(17) "Exploratory committees", a committee which shall be formed byan individual to receive contributions and make expenditures on behalf ofthis individual in determining whether or not the individual seeks electiveoffice. Such committee shall terminate no later than December thirty-firstof the year prior to the general election for the possible office;
(18) "Fund-raising event", an event such as a dinner, luncheon,reception, coffee, testimonial, rally, auction or similar affair throughwhich contributions are solicited or received by such means as the purchaseof tickets, payment of attendance fees, donations for prizes or through thepurchase of goods, services or political merchandise;
(19) "In-kind contribution" or "in-kind expenditure", a contributionor expenditure in a form other than money;
(20) "Labor organization", any organization of any kind, or anyagency or employee representation committee or plan, in which employeesparticipate and which exists for the purpose, in whole or in part, ofdealing with employers concerning grievances, labor disputes, wages, ratesof pay, hours of employment, or conditions of work;
(21) "Loan", a transfer of money, property or anything ofascertainable monetary value in exchange for an obligation, conditional ornot, to repay in whole or in part and which was contracted, used, orintended for use in an election campaign, or which was made or received bya committee or which was contracted, used, or intended to pay previouslyincurred campaign debts or obligations of a candidate or the debts orobligations of a committee;
(22) "Person", an individual, group of individuals, corporation,partnership, committee, proprietorship, joint venture, any department,agency, board, institution or other entity of the state or any of itspolitical subdivisions, union, labor organization, trade or professional orbusiness association, association, political party or any executivecommittee thereof, or any other club or organization however constituted orany officer or employee of such entity acting in the person's officialcapacity;
(23) "Political merchandise", goods such as bumper stickers, pins,hats, ties, jewelry, literature, or other items sold or distributed at afund-raising event or to the general public for publicity or for thepurpose of raising funds to be used in supporting or opposing a candidatefor nomination or election or in supporting or opposing the qualification,passage or defeat of a ballot measure;
(24) "Political party", a political party which has the right underlaw to have the names of its candidates listed on the ballot in a generalelection;
(25) "Political party committee", a state, district, county, city, orarea committee of a political party, as defined in section 115.603, RSMo,which may be organized as a not-for-profit corporation under Missouri law,and which committee is of continuing existence, and has the primary orincidental purpose of receiving contributions and making expenditures toinfluence or attempt to influence the action of voters on behalf of thepolitical party;
(26) "Public office" or "office", any state, judicial, county,municipal, school or other district, ward, township, or other politicalsubdivision office or any political party office which is filled by a voteof registered voters;
(27) "Regular session", includes that period beginning on the firstWednesday after the first Monday in January and ending following the firstFriday after the second Monday in May;
(28) "Write-in candidate", an individual whose name is not printed onthe ballot but who otherwise meets the definition of candidate insubdivision (3) of this section.
130.011. As used in this chapter, unless the context clearlyindicates otherwise, the following terms mean:
(1) "Appropriate officer" or "appropriate officers", the person orpersons designated in section 130.026 to receive certain requiredstatements and reports;
(2) "Ballot measure" or "measure", any proposal submitted or intendedto be submitted to qualified voters for their approval or rejection,including any proposal submitted by initiative petition, referendumpetition, or by the general assembly or any local governmental body havingauthority to refer proposals to the voter;
(3) "Candidate", an individual who seeks nomination or election topublic office. The term "candidate" includes an elected officeholder whois the subject of a recall election, an individual who seeks nomination bythe individual's political party for election to public office, anindividual standing for retention in an election to an office to which theindividual was previously appointed, an individual who seeks nomination orelection whether or not the specific elective public office to be soughthas been finally determined by such individual at the time the individualmeets the conditions described in paragraph (a) or (b) of this subdivision,and an individual who is a write-in candidate as defined in subdivision(28) of this section. A candidate shall be deemed to seek nomination orelection when the person first:
(a) Receives contributions or makes expenditures or reserves space orfacilities with intent to promote the person's candidacy for office; or
(b) Knows or has reason to know that contributions are being receivedor expenditures are being made or space or facilities are being reservedwith the intent to promote the person's candidacy for office; except that,such individual shall not be deemed a candidate if the person files astatement with the appropriate officer within five days after learning ofthe receipt of contributions, the making of expenditures, or thereservation of space or facilities disavowing the candidacy and statingthat the person will not accept nomination or take office if elected;provided that, if the election at which such individual is supported as acandidate is to take place within five days after the person's learning ofthe above-specified activities, the individual shall file the statementdisavowing the candidacy within one day; or
(c) Announces or files a declaration of candidacy for office;
(4) "Cash", currency, coin, United States postage stamps, or anynegotiable instrument which can be transferred from one person to anotherperson without the signature or endorsement of the transferor;
(5) "Check", a check drawn on a state or federal bank, or a draft ona negotiable order of withdrawal account in a savings and loan associationor a share draft account in a credit union;
(6) "Closing date", the date through which a statement or report isrequired to be complete;
(7) "Committee", a person or any combination of persons, who acceptscontributions or makes expenditures for the primary or incidental purposeof influencing or attempting to influence the action of voters for oragainst the nomination or election to public office of one or morecandidates or the qualification, passage or defeat of any ballot measure orfor the purpose of paying a previously incurred campaign debt or obligationof a candidate or the debts or obligations of a committee or for thepurpose of contributing funds to another committee:
(a) "Committee", does not include:
a. A person or combination of persons, if neither the aggregate ofexpenditures made nor the aggregate of contributions received during acalendar year exceeds five hundred dollars and if no single contributor hascontributed more than two hundred fifty dollars of such aggregatecontributions;
b. An individual, other than a candidate, who accepts nocontributions and who deals only with the individual's own funds orproperty;
c. A corporation, cooperative association, partnership,proprietorship, or joint venture organized or operated for a primary orprincipal purpose other than that of influencing or attempting to influencethe action of voters for or against the nomination or election to publicoffice of one or more candidates or the qualification, passage or defeat ofany ballot measure, and it accepts no contributions, and all expendituresit makes are from its own funds or property obtained in the usual course ofbusiness or in any commercial or other transaction and which are notcontributions as defined by subdivision (12) of this section;
d. A labor organization organized or operated for a primary orprincipal purpose other than that of influencing or attempting to influencethe action of voters for or against the nomination or election to publicoffice of one or more candidates, or the qualification, passage, or defeatof any ballot measure, and it accepts no contributions, and expendituresmade by the organization are from its own funds or property received frommembership dues or membership fees which were given or solicited for thepurpose of supporting the normal and usual activities and functions of theorganization and which are not contributions as defined by subdivision (12)of this section;
e. A person who acts as an authorized agent for a committee insoliciting or receiving contributions or in making expenditures orincurring indebtedness on behalf of the committee if such person renders tothe committee treasurer or deputy treasurer or candidate, if applicable, anaccurate account of each receipt or other transaction in the detailrequired by the treasurer to comply with all record-keeping and reportingrequirements of this chapter;
f. Any department, agency, board, institution or other entity of thestate or any of its subdivisions or any officer or employee thereof, actingin the person's official capacity;
(b) The term "committee" includes, but is not limited to, each of thefollowing committees: campaign committee, candidate committee, continuingcommittee and political party committee;
(8) "Campaign committee", a committee, other than a candidatecommittee, which shall be formed by an individual or group of individualsto receive contributions or make expenditures and whose sole purpose is tosupport or oppose the qualification and passage of one or more particularballot measures in an election or the retention of judges under thenonpartisan court plan, such committee shall be formed no later than thirtydays prior to the election for which the committee receives contributionsor makes expenditures, and which shall terminate the later of either thirtydays after the general election or upon the satisfaction of all committeedebt after the general election, except that no committee retiring debtshall engage in any other activities in support of a measure for which thecommittee was formed;
(9) "Candidate committee", a committee which shall be formed by acandidate to receive contributions or make expenditures in behalf of theperson's candidacy and which shall continue in existence for use by anelected candidate or which shall terminate the later of either thirty daysafter the general election for a candidate who was not elected or upon thesatisfaction of all committee debt after the election, except that nocommittee retiring debt shall engage in any other activities in support ofthe candidate for which the committee was formed. Any candidate forelective office shall have only one candidate committee for the electiveoffice sought, which is controlled directly by the candidate for thepurpose of making expenditures. A candidate committee is presumed to beunder the control and direction of the candidate unless the candidate filesan affidavit with the appropriate officer stating that the committee isacting without control or direction on the candidate's part;
(10) "Continuing committee", a committee of continuing existencewhich is not formed, controlled or directed by a candidate, and is acommittee other than a candidate committee or campaign committee, whoseprimary or incidental purpose is to receive contributions or makeexpenditures to influence or attempt to influence the action of voterswhether or not a particular candidate or candidates or a particular ballotmeasure or measures to be supported or opposed has been determined at thetime the committee is required to file any statement or report pursuant tothe provisions of this chapter. "Continuing committee" includes, but isnot limited to, any committee organized or sponsored by a business entity,a labor organization, a professional association, a trade or businessassociation, a club or other organization and whose primary purpose is tosolicit, accept and use contributions from the members, employees orstockholders of such entity and any individual or group of individuals whoaccept and use contributions to influence or attempt to influence theaction of voters. Such committee shall be formed no later than sixty daysprior to the election for which the committee receives contributions ormakes expenditures;
(11) "Connected organization", any organization such as acorporation, a labor organization, a membership organization, acooperative, or trade or professional association which expends funds orprovides services or facilities to establish, administer or maintain acommittee or to solicit contributions to a committee from its members,officers, directors, employees or security holders. An organization shallbe deemed to be the connected organization if more than fifty percent ofthe persons making contributions to the committee during the currentcalendar year are members, officers, directors, employees or securityholders of such organization or their spouses;
(12) "Contribution", a payment, gift, loan, advance, deposit, ordonation of money or anything of value for the purpose of supporting oropposing the nomination or election of any candidate for public office orthe qualification, passage or defeat of any ballot measure, or for thesupport of any committee supporting or opposing candidates or ballotmeasures or for paying debts or obligations of any candidate or committeepreviously incurred for the above purposes. A contribution of anything ofvalue shall be deemed to have a money value equivalent to the fair marketvalue. "Contribution" includes, but is not limited to:
(a) A candidate's own money or property used in support of theperson's candidacy other than expense of the candidate's food, lodging,travel, and payment of any fee necessary to the filing for public office;
(b) Payment by any person, other than a candidate or committee, tocompensate another person for services rendered to that candidate orcommittee;
(c) Receipts from the sale of goods and services, including the saleof advertising space in a brochure, booklet, program or pamphlet of acandidate or committee and the sale of tickets or political merchandise;
(d) Receipts from fund-raising events including testimonial affairs;
(e) Any loan, guarantee of a loan, cancellation or forgiveness of aloan or debt or other obligation by a third party, or payment of a loan ordebt or other obligation by a third party if the loan or debt or otherobligation was contracted, used, or intended, in whole or in part, for usein an election campaign or used or intended for the payment of such debtsor obligations of a candidate or committee previously incurred, or whichwas made or received by a committee;
(f) Funds received by a committee which are transferred to suchcommittee from another committee or other source, except funds received bya candidate committee as a transfer of funds from another candidatecommittee controlled by the same candidate but such transfer shall beincluded in the disclosure reports;
(g) Facilities, office space or equipment supplied by any person to acandidate or committee without charge or at reduced charges, exceptgratuitous space for meeting purposes which is made available regularly tothe public, including other candidates or committees, on an equal basis forsimilar purposes on the same conditions;
(h) The direct or indirect payment by any person, other than aconnected organization, of the costs of establishing, administering, ormaintaining a committee, including legal, accounting and computer services,fund raising and solicitation of contributions for a committee;
(i) "Contribution" does not include:
a. Ordinary home hospitality or services provided withoutcompensation by individuals volunteering their time in support of or inopposition to a candidate, committee or ballot measure, nor the necessaryand ordinary personal expenses of such volunteers incidental to theperformance of voluntary activities, so long as no compensation is directlyor indirectly asked or given;
b. An offer or tender of a contribution which is expressly andunconditionally rejected and returned to the donor within ten business daysafter receipt or transmitted to the state treasurer;
c. Interest earned on deposit of committee funds;
d. The costs incurred by any connected organization listed pursuantto subdivision (4) of subsection 5 of section 130.021 for establishing,administering or maintaining a committee, or for the solicitation ofcontributions to a committee which solicitation is solely directed orrelated to the members, officers, directors, employees or security holdersof the connected organization;
(13) "County", any one of the several counties of this state or thecity of St. Louis;
(14) "Disclosure report", an itemized report of receipts,expenditures and incurred indebtedness which is prepared on forms approvedby the Missouri ethics commission and filed at the times and placesprescribed;
(15) "Election", any primary, general or special election held tonominate or elect an individual to public office, to retain or recall anelected officeholder or to submit a ballot measure to the voters, and anycaucus or other meeting of a political party or a political party committeeat which that party's candidate or candidates for public office areofficially selected. A primary election and the succeeding generalelection shall be considered separate elections;
(16) "Expenditure", a payment, advance, conveyance, deposit, donationor contribution of money or anything of value for the purpose of supportingor opposing the nomination or election of any candidate for public officeor the qualification or passage of any ballot measure or for the support ofany committee which in turn supports or opposes any candidate or ballotmeasure or for the purpose of paying a previously incurred campaign debt orobligation of a candidate or the debts or obligations of a committee; apayment, or an agreement or promise to pay, money or anything of value,including a candidate's own money or property, for the purchase of goods,services, property, facilities or anything of value for the purpose ofsupporting or opposing the nomination or election of any candidate forpublic office or the qualification or passage of any ballot measure or forthe support of any committee which in turn supports or opposes anycandidate or ballot measure or for the purpose of paying a previouslyincurred campaign debt or obligation of a candidate or the debts orobligations of a committee. An expenditure of anything of value shall bedeemed to have a money value equivalent to the fair market value."Expenditure" includes, but is not limited to:
(a) Payment by anyone other than a committee for services of anotherperson rendered to such committee;
(b) The purchase of tickets, goods, services or political merchandisein connection with any testimonial affair or fund-raising event of or forcandidates or committees, or the purchase of advertising in a brochure,booklet, program or pamphlet of a candidate or committee;
(c) The transfer of funds by one committee to another committee;
(d) The direct or indirect payment by any person, other than aconnected organization for a committee, of the costs of establishing,administering or maintaining a committee, including legal, accounting andcomputer services, fund raising and solicitation of contributions for acommittee; but
(e) "Expenditure" does not include:
a. Any news story, commentary or editorial which is broadcast orpublished by any broadcasting station, newspaper, magazine or otherperiodical without charge to the candidate or to any person supporting oropposing a candidate or ballot measure;
b. The internal dissemination by any membership organization,proprietorship, labor organization, corporation, association or otherentity of information advocating the election or defeat of a candidate orcandidates or the passage or defeat of a ballot measure or measures to itsdirectors, officers, members, employees or security holders, provided thatthe cost incurred is reported pursuant to subsection 2 of section 130.051*;
c. Repayment of a loan, but such repayment shall be indicated inrequired reports;
d. The rendering of voluntary personal services by an individual ofthe sort commonly performed by volunteer campaign workers and the paymentby such individual of the individual's necessary and ordinary personalexpenses incidental to such volunteer activity, provided no compensationis, directly or indirectly, asked or given;
e. The costs incurred by any connected organization listed pursuantto subdivision (4) of subsection 5 of section 130.021 for establishing,administering or maintaining a committee, or for the solicitation ofcontributions to a committee which solicitation is solely directed orrelated to the members, officers, directors, employees or security holdersof the connected organization;
f. The use of a candidate's own money or property for expense of thecandidate's personal food, lodging, travel, and payment of any feenecessary to the filing for public office, if such expense is notreimbursed to the candidate from any source;
(17) "Exploratory committees", a committee which shall be formed byan individual to receive contributions and make expenditures on behalf ofthis individual in determining whether or not the individual seeks electiveoffice. Such committee shall terminate no later than December thirty-firstof the year prior to the general election for the possible office;
(18) "Fund-raising event", an event such as a dinner, luncheon,reception, coffee, testimonial, rally, auction or similar affair throughwhich contributions are solicited or received by such means as the purchaseof tickets, payment of attendance fees, donations for prizes or through thepurchase of goods, services or political merchandise;
(19) "In-kind contribution" or "in-kind expenditure", a contributionor expenditure in a form other than money;
(20) "Labor organization", any organization of any kind, or anyagency or employee representation committee or plan, in which employeesparticipate and which exists for the purpose, in whole or in part, ofdealing with employers concerning grievances, labor disputes, wages, ratesof pay, hours of employment, or conditions of work;
(21) "Loan", a transfer of money, property or anything ofascertainable monetary value in exchange for an obligation, conditional ornot, to repay in whole or in part and which was contracted, used, orintended for use in an election campaign, or which was made or received bya committee or which was contracted, used, or intended to pay previouslyincurred campaign debts or obligations of a candidate or the debts orobligations of a committee;
(22) "Person", an individual, group of individuals, corporation,partnership, committee, proprietorship, joint venture, any department,agency, board, institution or other entity of the state or any of itspolitical subdivisions, union, labor organization, trade or professional orbusiness association, association, political party or any executivecommittee thereof, or any other club or organization however constituted orany officer or employee of such entity acting in the person's officialcapacity;
(23) "Political merchandise", goods such as bumper stickers, pins,hats, ties, jewelry, literature, or other items sold or distributed at afund-raising event or to the general public for publicity or for thepurpose of raising funds to be used in supporting or opposing a candidatefor nomination or election or in supporting or opposing the qualification,passage or defeat of a ballot measure;
(24) "Political party", a political party which has the right underlaw to have the names of its candidates listed on the ballot in a generalelection;
(25) "Political party committee", a state, district, county, city, orarea committee of a political party, as defined in section 115.603, RSMo,which may be organized as a not-for-profit corporation under Missouri law,and which committee is of continuing existence, and has the primary orincidental purpose of receiving contributions and making expenditures toinfluence or attempt to influence the action of voters on behalf of thepolitical party;
(26) "Public office" or "office", any state, judicial, county,municipal, school or other district, ward, township, or other politicalsubdivision office or any political party office which is filled by a voteof registered voters;
(27) "Regular session", includes that period beginning on the firstWednesday after the first Monday in January and ending following the firstFriday after the second Monday in May;
(28) "Write-in candidate", an individual whose name is not printed onthe ballot but who otherwise meets the definition of candidate insubdivision (3) of this section.
