130.021. Treasurer for candidates and committees, when required--duties--official depository account to be established--statement of organization for committees, contents, when filed--termination of c
Treasurer for candidates and committees, whenrequired--duties--official depository account to beestablished--statement of organization for committees, contents,when filed--termination of committee, procedure.
130.021. 1. Every committee shall have a treasurer who, except asprovided in subsection 10 of this section, shall be a resident of thisstate and reside in the district or county in which the committee sits. Acommittee may also have a deputy treasurer who, except as provided insubsection 10 of this section, shall be a resident of this state and residein the district or county in which the committee sits, to serve in thecapacity of committee treasurer in the event the committee treasurer isunable for any reason to perform the treasurer's duties.
2. Every candidate for offices listed in subsection 1 of section130.016 who has not filed a statement of exemption pursuant to thatsubsection and every candidate for offices listed in subsection 6 ofsection 130.016 who is not excluded from filing a statement of organizationand disclosure reports pursuant to subsection 6 of section 130.016 shallform a candidate committee and appoint a treasurer. Thereafter, allcontributions on hand and all further contributions received by suchcandidate and any of the candidate's own funds to be used in support of theperson's candidacy shall be deposited in a candidate committee depositoryaccount established pursuant to the provisions of subsection 4 of thissection, and all expenditures shall be made through the candidate,treasurer or deputy treasurer of the person's candidate committee. Nothingin this chapter shall prevent a candidate from appointing himself orherself as a committee of one and serving as the person's own treasurer,maintaining the candidate's own records and filing all the reports andstatements required to be filed by the treasurer of a candidate committee.
3. A candidate who has more than one candidate committee supportingthe person's candidacy shall designate one of those candidate committees asthe committee responsible for consolidating the aggregate contributions toall such committees under the candidate's control and direction as requiredby section 130.041.
4. (1) Every committee shall have a single official fund depositorywithin this state which shall be a federally or state-chartered bank, afederally or state-chartered savings and loan association, or a federallyor state-chartered credit union in which the committee shall open andthereafter maintain at least one official depository account in its ownname. An "official depository account" shall be a checking account or sometype of negotiable draft or negotiable order of withdrawal account, and theofficial fund depository shall, regarding an official depository account,be a type of financial institution which provides a record of deposits,canceled checks or other canceled instruments of withdrawal evidencing eachtransaction by maintaining copies within this state of such instruments andother transactions. All contributions which the committee receives inmoney, checks and other negotiable instruments shall be deposited in acommittee's official depository account. Contributions shall not beaccepted and expenditures shall not be made by a committee except by orthrough an official depository account and the committee treasurer, deputytreasurer or candidate. Contributions received by a committee shall not becommingled with any funds of an agent of the committee, a candidate or anyother person, except that contributions from a candidate of the candidate'sown funds to the person's candidate committee shall be deposited to anofficial depository account of the person's candidate committee. Noexpenditure shall be made by a committee when the office of committeetreasurer is vacant except that when the office of a candidate committeetreasurer is vacant, the candidate shall be the treasurer until thecandidate appoints a new treasurer.
(2) A committee treasurer, deputy treasurer or candidate may withdrawfunds from a committee's official depository account and deposit such fundsin one or more savings accounts in the committee's name in any bank,savings and loan association or credit union within this state, and mayalso withdraw funds from an official depository account for investment inthe committee's name in any certificate of deposit, bond or security.Proceeds from interest or dividends from a savings account or otherinvestment or proceeds from withdrawals from a savings account or from thesale of an investment shall not be expended or reinvested, except in thecase of renewals of certificates of deposit, without first redepositingsuch proceeds in an official depository account. Investments, other thansavings accounts, held outside the committee's official depository accountat any time during a reporting period shall be disclosed by description,amount, any identifying numbers and the name and address of any institutionor person in which or through which it is held in an attachment todisclosure reports the committee is required to file. Proceeds from aninvestment such as interest or dividends or proceeds from its sale, shallbe reported by date and amount. In the case of the sale of an investment,the names and addresses of the persons involved in the transaction shallalso be stated. Funds held in savings accounts and investments, includinginterest earned, shall be included in the report of money on hand asrequired by section 130.041.
5. The treasurer or deputy treasurer acting on behalf of any personor organization or group of persons which is a committee by virtue of thedefinitions of committee in section 130.011 and any candidate who is notexcluded from forming a committee in accordance with the provisions ofsection 130.016 shall file a statement of organization with the appropriateofficer within twenty days after the person or organization becomes acommittee but no later than the date for filing the first report requiredpursuant to the provisions of section 130.046. The statement oforganization shall contain the following information:
(1) The name, mailing address and telephone number, if any, of thecommittee filing the statement of organization. If the committee is deemedto be affiliated with a connected organization as provided in subdivision(11) of section 130.011, the name of the connected organization, or alegally registered fictitious name which reasonably identifies theconnected organization, shall appear in the name of the committee. If thecommittee is a candidate committee, the name of the candidate shall be apart of the committee's name;
(2) The name, mailing address and telephone number of the candidate;
(3) The name, mailing address and telephone number of the committeetreasurer, and the name, mailing address and telephone number of its deputytreasurer if the committee has named a deputy treasurer;
(4) The names, mailing addresses and titles of its officers, if any;
(5) The name and mailing address of any connected organizations withwhich the committee is affiliated;
(6) The name and mailing address of its depository, and the name andaccount number of each account the committee has in the depository. Theaccount number of each account shall be redacted prior to disclosing thestatement to the public;
(7) Identification of the major nature of the committee such as acandidate committee, campaign committee, continuing committee, politicalparty committee, incumbent committee, or any other committee according tothe definition of committee in section 130.011;
(8) In the case of the candidate committee designated in subsection 3of this section, the full name and address of each other candidatecommittee which is under the control and direction of the same candidate,together with the name, address and telephone number of the treasurer ofeach such other committee;
(9) The name and office sought of each candidate supported or opposedby the committee;
(10) The ballot measure concerned, if any, and whether the committeeis in favor of or opposed to such measure.
6. A committee may omit the information required in subdivisions (9)and (10) of subsection 5 of this section if, on the date on which it isrequired to file a statement of organization, the committee has not yetdetermined the particular candidates or particular ballot measures it willsupport or oppose.
7. A committee which has filed a statement of organization and hasnot terminated shall not be required to file another statement oforganization, except that when there is a change in any of the informationpreviously reported as required by subdivisions (1) to (8) of subsection 5of this section an amended statement of organization shall be filed withintwenty days after the change occurs, but no later than the date of thefiling of the next report required to be filed by that committee by section130.046.
8. Upon termination of a committee, a termination statementindicating dissolution shall be filed not later than ten days after thedate of dissolution with the appropriate officer or officers with whom thecommittee's statement of organization was filed. The termination statementshall include: the distribution made of any remaining surplus funds andthe disposition of any deficits; and the name, mailing address andtelephone number of the individual responsible for preserving thecommittee's records and accounts as required in section 130.036.
9. Any statement required by this section shall be signed andattested by the committee treasurer or deputy treasurer, and by thecandidate in the case of a candidate committee.
10. A committee domiciled outside this state shall be required tofile a statement of organization and appoint a treasurer residing in thisstate and open an account in a depository within this state; provided thateither of the following conditions prevails:
(1) The aggregate of all contributions received from personsdomiciled in this state exceeds twenty percent in total dollar amount ofall funds received by the committee in the preceding twelve months; or
(2) The aggregate of all contributions and expenditures made tosupport or oppose candidates and ballot measures in this state exceeds onethousand five hundred dollars in the current calendar year.
11. If a committee domiciled in this state receives a contribution ofone thousand five hundred dollars or more from any committee domiciledoutside of this state, the committee domiciled in this state shall file adisclosure report with the commission. The report shall disclose the fullname, mailing address, telephone numbers and domicile of the contributingcommittee and the date and amount of the contribution. The report shall befiled within forty-eight hours of the receipt of such contribution if thecontribution is received after the last reporting date before the election.
12. Each legislative and senatorial district committee shall retainonly one address in the district it sits for the purpose of receivingcontributions.
(L. 1978 S.B. 839, A.L. 1979 S.B. 129, A.L. 1985 H.B. 150, et al., A.L. 1990 S.B. 631, A.L. 1997 S.B. 16, A.L. 2008 S.B. 1038, A.L. 2009 S.B. 485)(2003) Resident treasurer requirement is a constitutional restriction on association. National Right to Life Political Action Committee v. Connor, 323 F.3d 684 (8th Cir.).