115.357. Filing fees--declaration of inability to pay, form of.

Filing fees--declaration of inability to pay, form of.

115.357. 1. Except as provided in subsections 3 and 4 of this section,each candidate for federal, state or county office shall, before filing hisdeclaration of candidacy, pay to the treasurer of the state or countycommittee of the political party upon whose ticket he seeks nomination acertain sum of money as follows:

(1) To the treasurer of the state central committee, two hundred dollarsif he or she is a candidate for statewide office or for United States senator,one hundred dollars if he or she is a candidate for representative inCongress, circuit judge or state senator, and fifty dollars if he or she is acandidate for state representative;

(2) To the treasurer of the county central committee, fifty dollars ifhe or she is a candidate for county office.

2. The required sum may be submitted by the candidate to the officialaccepting his declaration of candidacy. All sums so submitted shall beforwarded promptly by the official to the treasurer of the appropriate partycommittee.

3. Any person who cannot pay the fee required to file as a candidate mayhave the fee waived by filing a declaration of inability to pay and a petitionwith his declaration of candidacy. Each such declaration shall be insubstantially the following form:

DECLARATION OF INABILITY TO PAY FILING FEE I, ........., do herebyswear that I am financially unable to pay the fee of ...... (amount of fee) tofile as a candidate for nomination to the office of ...... at the primaryelection to be held on the ...... day of ......, 20... .......................... Subscribed and sworn to before me Signature ofcandidate this ..... day of ......, 20... .

........................................................... Signature of election official or Residenceaddress officer authorized to administer

oaths If the candidate's declaration of candidacy is to be filed in person, thedeclaration of inability to pay shall be subscribed and sworn to by thecandidate before the election official who witnesses the candidate'sdeclaration of candidacy. If his declaration of candidacy is to be filed bycertified mail pursuant to subsection 2 of section 115.355, the declaration ofinability to pay shall be subscribed and sworn to by the candidate before thenotary or other officer who witnesses the candidate's declaration ofcandidacy. With his declaration of inability to pay, the candidate shallsubmit a petition endorsing his candidacy. Except for the number ofsignatures required, each such petition shall, insofar as practicable, be inthe form provided in sections 115.321 and 115.325. If the person filingdeclaration of indigence is to be a candidate for statewide office, hispetition shall be signed by the number of registered voters in the state equalto at least one-half of one percent of the total number of votes cast in thestate for the office at the last election in which a candidate ran for theoffice. If the person filing a declaration of indigence is to be a candidatefor any other office, the petition shall be signed by the number of registeredvoters in the district or political subdivision which is equal to at least onepercent of the total number of votes cast for the office at the last electionin which a candidate ran for the office. The candidate's declaration ofinability to pay and the petition shall be filed at the same time and in thesame manner as his declaration of candidacy is filed. The petition shall bechecked and its sufficiency determined in the same manner as new party andindependent candidate petitions.

4. No filing fee shall be required of any person who proposes to be anindependent candidate, the candidate of a new party or a candidate forpresidential elector.

5. Except as provided in subsections 3 and 4 of this section, nocandidate's name shall be printed on any official ballot until the requiredfee has been paid.

(L. 1977 H.B. 101 § 10.117, A.L. 1983 S.B. 234)