HCS/HB 794 - This act modifies and creates various provisions relating to elections.Election Challengers
(Section 115.105)
The act permits election challengers to be present in a polling place during the absentee voting period. Additionally, the act moves up the time period when the chair of a county committee is required to designate challengers. Currently, challengers are to be designated not later than four business days prior to the election. This act requires designations to be made not later than four business days prior to the beginning of the absentee voting period.
This provision is identical to a provision in HCS/HBs 126 & 367 (2025) and SCS/HCS/HB 507 (2025) and substantially similar to SB 740 (2025) and HB 638 (2025).
Election Watchers
(Section 115.107)
The act additionally provides that no later than four business days before a watcher may enter a polling or counting location, the chair of each county committee of each political party named on the ballot shall provide signed official designation forms with the names of the designated watchers and substitutes to the local election authority for confirmation of eligibility to serve as a watcher. The local election authority, after verifying the eligibility of each designated and substitute watcher, shall sign off on the official designation forms, unless the watcher is found not to have the qualifications established by law. If the election authority determines that a watcher does not meet the qualifications, the designating party chair may designate a replacement watcher and provide the local election authority with the name of the replacement watcher before 5:00 p.m. of the Monday preceding the election. The designating chair may substitute watchers at his or her discretion during such hours.
This provision is identical to a provision in HCS/HBs 126 & 367 (2025), HCS/HB 507 (2025), and HB 638 (2025).
Private Funds for Election Administration
(Section 115.1630)
The act creates new provisions relating to funds used for election administration. Specifically, government entities, as that term is defined in the act, are prohibited from soliciting, accepting, or using any funds or in-kind goods or services for election administration if those funds or in-kind goods or services are donated directly or indirectly by any person other than a government entity. An election officer may, however, solicit, accept, or use funds or in-kind goods or services of de minimis value.
Government entities are additionally prohibited from being members of or participate in programs run by organizations that engage in election administration and receive foreign funding. Except as otherwise provided in the act, a government entity or election officer shall not join the membership of any entity, participate in any program, or purchase any services from any entity unless the entity complies with certain certification requirements as described in the act.
Violation of these provisions is a class B misdemeanor, if the government entity knowingly accepts foreign-influenced funds for election administration.
Foreign Funds in Ballot Measure Campaigns
(Sections 130.170 through 130.188)
This act creates new provisions governing foreign spending in state ballot measure campaigns. This act is incorporated into the campaign finance chapter (130) and is subject to already existing campaign finance definitions, except as otherwise provided in the act.
Upon creating, forming, or registering a committee, other than a candidate committee, the treasurer of the committee is required to file an accompanying certificate declaring that no preliminary activity, as that term is defined in the act, was funded, directly or indirectly, by prohibited sources, defined as any contribution from or expenditure made by a foreign national made with the intent to use such funds to influence an election on a ballot measure. Furthermore, after such a committee has been created, formed, or registered, the committee may not knowingly or willfully receive, solicit, or accept contributions or expenditures from a prohibited source, whether directly or indirectly.
For all contributions in excess of $2,000, donors to committees, other than candidate committees, must affirm that the donor is not a foreign national and that the donor has not knowingly or willfully accepted funds, directly or indirectly, aggregating in excess of $10,000 from one or more prohibited sources within the two-year period immediately preceding the date the contribution is made, in the case of individuals, or within the four-year period immediately preceding the date the contribution is made, in the case of any other entity. Receipt of an affirmation by a committee pursuant to this provision shall create a rebuttable presumption of compliance with this provision on the part of the committee, provided that nothing in this provision shall prohibit the Attorney General from pursuing any action allowed by this act if the Attorney General has found a willful violation.
Within 48 hours of making one or more expenditures supporting or opposing a ballot measure, an entity making such an expenditure shall affirm to the Missouri Ethics Commission (MEC) that it has not knowingly or willfully accepted funds, directly or indirectly, aggregating in excess of $10,000 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. Receipt by an entity making an expenditure 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 $10,000 from one or more prohibited sources, provided that nothing in this provision shall prohibit the Attorney General from pursuing any action allowed by this act if the Attorney General has found a willful violation.
The act prohibits committees, other than candidate committees, from accepting 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 $10,000 from one or more foreign nationals within the four year period immediately preceding the date the in-kind contribution is made. Moreover, a foreign national may not make an in-kind expenditure for the purpose of supporting or opposing any ballot measure.
The act specifically prohibits foreign nationals from:
• Directing, dictating, controlling or directly or indirectly participating in the decision-making process of any person with regard to that person's activities to influence a ballot measure; and
• Soliciting, directly or indirectly, the making of a donation, contribution or expenditure by another person to influence a ballot measure.
Additionally, collection of information pursuant to this act shall be done so in accordance with the Personal Privacy Protection Act and any public disclosure shall be considered a violation of the Personal Privacy Protection Act subject to civil action and penalties, as provided in that act.
The act creates a new enforcement mechanism for this act that is separate and distinct from the process that the MEC uses to investigate complaints of campaign finance law currently. Specifically, the Attorney General is allowed to issue civil investigative demands in the same manner as provided for under the Missouri Merchandising Practices Act and may bring a civil action to enforce this act, as described in detail in the act. If, after the hearing, the court determines that probable cause exists to believe that a violation of this act has occurred, the court shall enter an order to that effect and the case should proceed to trial on an expedited basis.
Within 30 days of a finding that a committee has violated this act, the committee shall refund the contribution to the original contributor. In the event of an appeal, the contribution shall be placed in escrow, after which the funds shall be disbursed in accordance with the final order. If the campaign committee is unable to return the funds, the directors, officers or executive members of the campaign committee shall be liable in their personal capacity, jointly and severally, for the refund of said funds.
Within 30 days of a finding that a committee, person, or other entity making an expenditure has violated this act, the entity making the expenditure shall disgorge to the Attorney General funds in an amount equal to the reported cost of the expenditure. If the funds cannot be disgorged, the person or directors, officers or executive members of the committee or other entity shall be liable in their personal capacities, jointly and severally, for the payment of the amount due. In the event of an appeal, the funds subject to disgorgement shall be placed in escrow, after which they shall be disbursed in accordance with the final order.
If any lobbyist violates any of the provisions of this act, the lobbyist's registration may be revoked or suspended and the lobbyist may be enjoined from receiving compensation or making expenditures for lobbying.
If the Attorney General prevails in an action brought under this act, the court shall award:
• Injunctive relief sufficient to prevent the defendant from violating this act or engaging in acts that aid or abet violations of the act; and
• Statutory damages up to twice the amount of the prohibited contribution or expenditure.
In addition to other penalties provided in this act, if the court finds a knowing or willful violation of this act, the court may assess a penalty of up to three times the statutory damages.
These provisions are identical to provisions in the truly agreed to SS/SB 152 (2025).
SCOTT SVAGERA