Registration Requirements for Committees Domiciled Outside the State of Missouri and Out-of-State Committees

PURPOSE: This rule clarifies and makes consistent the rules requiring committees domiciled outside the state of Missouri and out-of-state committees, including certain federal committees, to register and file campaign finance disclosure reports with the Missouri Ethics Commission. The rule also clarifies federal committees which qualify as federal political action committees for purposes of contributions to Missouri committees under the Missouri Constitution. (1) Committees domiciled outside the State of Missouri and out-of-state committees shall be required to register as a Missouri continuing committee/political action committee with the commission when contributions from Missouri residents exceed twenty percent (20%) of the total dollar amount of all funds received by the committee in the preceding twelve (12) months. (2) Committees domiciled outside the State of Missouri and out-of-state committees shall be required to register as a Missouri continuing committee/political action committee with the commission when the aggregate of all contributions and expenditures made by the committee to support or oppose candidates and ballot measures in Missouri exceeds one thousand five hundred dollars ($1,500) during a calendar year. (3) Notwithstanding the requirements in sections (1) and (2), federal political action committees shall be required to register as a Missouri continuing committee/political action committee with the commission when contributions are made to a candidate for the Missouri General Assembly. (4) Committees falling within the requirements of sections (1), (2), or (3) shall be required to— (A) Appoint a treasurer who is a resident of the State of Missouri; (B) Have a single official fund depository within the State of Missouri as defined in section 130.021.4(1), RSMo and shall maintain at least one (1) official depository account in the committee’s name; and (C) File a statement of organization identified as a continuing/political action committee no later than sixty (60) days prior to the election for which the committee receives contributions or make expenditures, and prior to making a contribution or expenditure in the State of Missouri. (5) A committee domiciled outside the State of Missouri or an out-of-state committee which does not meet the conditions of section 130.021.10, RSMo shall be required to comply with out-of-state reporting requirements under sections 130.049 and 130.050, RSMo. (6) Federal political action committees domiciled within the State of Missouri shall be required to follow the requirements of section (4) if they meet the definition of a continuing committee/political action committee under Mo. Const. Art. VIII, Section 23.7(6)(c) and Mo. Const. Art. VIII, Section 23.7(20); and section 130.011(10), RSMo. (7) Any committee required to file statements of organization under this rule shall be required to follow all reporting and recordkeeping requirements under Chapter 130, RSMo. AUTHORITY: Mo. Const. Art III, Section 2(f), Mo. Const. Art VIII, Section 23.7(6)(c), Mo. Const. Art. VIII, Section 23.7(20), and section 105.955.14(7), RSMo 2016, and sections 105.961.3, 130.011(10), 130.021.4, and 130.021.5, RSMo Supp. 2019.* Original rule filed Feb. 7, 2018, effective Aug. 30, 2018. Amended: Filed Aug. 8, 2019, effective March 30, 2020. *Original authority: 105.955, RSMo 1991, amended 1994, 1995, 1996, 1997, 1999, 2010, 2015; 105.961, RSMo 1991, amended 1997, 2010, 2018; 130.011, RSMo 1978, amended 1979, 1985, 1986, 1990, 1991, 1994, 1995, 1997, 2006, 2010, 2018; and 130.021, RSMo 1978, amended 1979, 1985, 1990, 1997, 2008, 2009, 2010, 2016, 2018.