Effective - 01 Jan 2007
130.054. Complaint, filing procedure, when — ethics commission to investigate, procedure — limitation on accepting complaints. — 1. Notwithstanding the provisions of subsection 3 of section 105.957, any natural person may file a complaint with the Missouri ethics commission alleging failure to timely or accurately file a personal financial disclosure statement, a campaign finance disclosure report or a violation of the provisions of this chapter by any candidate for elective office, within sixty days prior to the primary election at which such candidate is running for office, until after the general election. Any such complaint shall be in writing, shall state all facts known by the complainant which have given rise to the complaint, and shall be sworn to, under penalty of perjury, by the complainant.
2. Within the first business day after receipt of a complaint pursuant to this section, the executive director shall supply a copy of the complaint to the person or entity named in the complaint, deleting any material identifying the name of the complainant. The executive director shall notify the complainant and the person or entity named in the complaint of the date and time at which the commission shall audit and investigate the allegations contained in the complaint pursuant to subsection 3 of this section.
3. Within fifteen business days of receipt of a complaint pursuant to this section, the commission shall audit and investigate the allegations contained in the complaint and shall determine by a vote of at least four members of the commission that there are reasonable grounds to believe that a violation of law has occurred within the jurisdiction of the commission. The respondent may reply in writing or in person to the allegations contained in the complaint and may state justifications to dismiss the complaint. The complainant may also present evidence in support of the allegations contained in the complaint, but such evidence shall be limited in scope to the allegations contained in the original complaint, and such complaint may not be supplemented or otherwise enlarged in scope.
4. If, after audit and investigation of the complaint and upon a vote of at least four members of the commission, the commission determines that there are reasonable grounds to believe that a violation of law has occurred within the jurisdiction of the commission, the commission shall proceed with such complaint as provided by sections 105.957 to 105.963. If the commission does not determine that there are reasonable grounds to believe that such a violation of law has occurred, the complaint shall be dismissed. If a complaint is dismissed, the fact that such complaint was dismissed, with a statement of the nature of the complaint, shall be made public within twenty-four hours of the commission's action.
5. Any complaint made pursuant to this section, and all proceedings and actions concerning such a complaint, shall be subject to the provisions of subsection 15 of section 105.961.
6. No complaint shall be accepted by the commission within fifteen days prior to the primary or general election at which such candidate is running for office.
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(L. 1994 S.B. 650, A.L. 1997 S.B. 16, A.L. 2006 H.B. 1900)
Effective 1-01-07
Structure Missouri Revised Statutes
Title IX - Suffrage and Elections
Chapter 130 - Campaign Finance Disclosure Law
Section 130.011 - Definitions.
Section 130.023 - Challenge failure to report.
Section 130.033 - Attorney's fees may be paid from candidate committee funds, when.
Section 130.036 - Treasurer, deputy treasurer or candidate to maintain records, contents.
Section 130.041 - Disclosure reports — who files — when required — contents.
Section 130.042 - Posting of expenditures supporting and opposing candidates.
Section 130.047 - Reporting noncommittee expenditures.
Section 130.049 - Out-of-state committees, reporting, contents.
Section 130.050 - Out-of-state committees, reporting, contents — late contribution or loan, defined.
Section 130.056 - Executive director of commission, duties.
Section 130.058 - Responsibility for reporting requirements.
Section 130.072 - Fines for violations — limitation.
Section 130.081 - Violation, class A misdemeanor.
Section 130.091 - When chapter applicable to elections and contributions or expenditures.
Section 130.096 - Severability.
Section 130.110 - Limitation of cash contributions and anonymous contributions.
Section 130.120 - Disclosure of contributor information required.
Section 130.150 - Complaints filed with ethics commission or civil action for forfeiture authorized.
Section 130.160 - Severability clause for sections 130.110 to 130.160.