130.176. Donor affirmation for certain contributions — disclosure report requirements — ballot measure affirmation — in-kind contributions prohibited, when.

598 words·~3 min read·/mo/chapter-130/130-176

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130.176. Donor affirmation for certain contributions — disclosure report requirements — ballot measure affirmation — in-kind contributions prohibited, when. — 1. Upon a committee's receipt of a contribution of more than two thousand dollars, the treasurer shall obtain from the donor an affirmation that the donor is not a foreign national and has not knowingly or willfully accepted funds, directly or indirectly, aggregating in excess of ten thousand dollars from one or more prohibited sources within the two-year period immediately preceding the date the contribution is made, in the case of an individual, or within the four-year period immediately preceding the date the contribution is made, in case of any other entity.

Receipt of an affirmation by a committee pursuant to this subsection shall create a rebuttable presumption of compliance with this subsection on the part of the committee. Nothing in this subsection shall prohibit the attorney general from pursuing any action pursuant to section 130.188 if the attorney general has found a willful violation of this subsection.

2. Each disclosure report filed pursuant to section 130.041 shall require the treasurer of a committee to affirm that the donor associated with each contribution is not a foreign national and has not knowingly or willfully received, solicited, or accepted, whether directly or indirectly, contributions from one or more prohibited sources aggregating in excess of ten thousand dollars within the four-year period immediately preceding the date of the contribution.

3. Within forty-eight hours of making one or more expenditures supporting or opposing a ballot measure, the entity making the expenditure shall affirm to the Missouri ethics commission that it has not knowingly or willfully accepted funds, directly or indirectly, aggregating in excess of ten thousand dollars from one or more prohibited sources within the four-year period immediately preceding the date the expenditure is made and that it will not do so through the remainder of the calendar year in which the ballot measure will appear on the ballot.

Each disclosure report filed pursuant to section 130.041 shall require the entity making the expenditure to affirm that it has not knowingly or willfully accepted funds, directly or indirectly, aggregating in excess of ten thousand dollars from one or more prohibited sources within the four-year period immediately preceding the date the expenditure is made. Receipt of an affirmation from a donor that it is not a foreign national shall create a rebuttable presumption that the entity has not knowingly or willingly accepted funds, directly or indirectly, aggregating in excess of ten thousand dollars from one or more prohibited sources.

Nothing in this subsection shall prohibit the attorney general from pursuing any action pursuant to section 130.188 if the attorney general has found a willful violation of this subsection.

4. Notwithstanding any provision of this section to the contrary, a donor or entity that makes a contribution to a committee or an expenditure in support of or in opposition to a ballot measure from its own funds obtained through the usual course of business or in any commercial or other transaction from any source and which are not contributions does not violate this section.

5. A committee shall not accept an in-kind contribution from any foreign national or from any individual or entity that has knowingly or willfully accepted funds, directly or indirectly, aggregating in excess of ten thousand dollars from one or more foreign nationals within the four-year period immediately preceding the date the in-kind contribution is made. A foreign national shall not make an in-kind expenditure for the purpose of supporting or opposing any ballot measure.

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(L. 2025 S.B. 152)