Skip to comments.Missouri House Bill HB 283Requires proof of identity and proof of United States citizenship.
Posted on 01/28/2011 11:36:22 AM PST by ncfool
Bill introduced to the Missouri House on January 24, 2011 dealing with the issue of Proof of United States Citizenship.
Summary of the Introduced Bill
HB 283 -- Declarations of Candidacy
This bill requires each established political party to provide the Missouri Secretary of State with proof of the identity and proof of United States citizenship for each nominee for President and Vice President of the United States. The proof must be submitted with the other certification documents that are required to be filed with the Secretary of State pursuant to Chapter 115, RSMo.
Missouri House of Representatives 96th General Assembly , 1st Regular Session Activity History for HB 283
Date Jrn Pg Activity Description
1/20/2011 H 203 Introduced and Read First Time (H)
1/24/2011 H 208 Read Second Time (H)
INTRODUCED BY REPRESENTATIVES ROWLAND (Sponsor), KELLEY (126), COX, LOEHNER, ELMER, HINSON, PHILLIPS, KOENIG, RIDDLE, SHUMAKE, WELLS, POLLOCK, SCHOELLER, SMITH (150), FRANKLIN, FISHER AND LEACH (Co-sponsors) .
To repeal sections 115.399 and 115.761, RSMo, and to enact in lieu thereof two new sections relating to declarations of candidacy.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 115.399 and 115.761, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 115.399 and 115.761, to read as follows:
115.399. 1. Not later than the twelfth Tuesday prior to each presidential election, or notwithstanding any prior laws to the contrary, in the year 1996 and thereafter, within seven working days after choosing its nominees for president and vice president of the United States, whichever is later, the state committee of each established political party shall certify in writing to the secretary of state the names of its nominees for president and vice president of the United States. Such certification shall include proof of identity and proof of United States citizenship for each nominee.
2. Not later than the third Tuesday prior to each presidential election, the state committee of each established political party shall certify in writing to the secretary of state the names of its nominees for presidential elector. At least one qualified resident of each congressional district shall be named as a nominee for presidential elector by each state committee, and the number of nominees for presidential elector named by each state committee shall equal the number to which the state is entitled.
3. When submitted for filing, each certification made by a state committee pursuant to the provisions of subsection 2 of this section shall be accompanied by a declaration of candidacy for each candidate for presidential elector. Each declaration of candidacy shall state the candidate's full name, residence address, office for which such person proposes to be a candidate and that if elected the person will qualify. Each such declaration shall be in substantially the following form:
I, . . . . . . . , a resident of the . . . . . . . congressional district and the state of Missouri do announce myself a candidate for the office of presidential elector from the . . . congressional district (state at large) on the . . . . ticket, to be voted for at the presidential election to be held on the . . . . day of . . . , 20. ., and I further declare that if nominated and elected to such office I will qualify.
. . . . . . . . . . . Subscribed and sworn to
Signature of candidate before me this . . . .
day of . . . . , 20. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Residence address Signature of election official or officer authorized to
Each such declaration shall be subscribed and sworn to by the candidate before the election official receiving the certification, a notary public or other officer authorized by law to administer oaths.
115.761. 1. The official list of presidential candidates for each established political party shall include the names of all constitutionally qualified candidates for whom, on or after 8:00 a.m. on the fifteenth Tuesday prior to the presidential primary, and on or before 5:00 p.m., on the eleventh Tuesday prior to the presidential primary, a written request to be included on the presidential primary ballot is filed with the secretary of state. Such written request shall include proof of identity and proof of United States citizenship for each candidate, along with:
(1) Receipt of payment to the state committee of the established political party on whose ballot the candidate wishes to appear of a filing fee of one thousand dollars; or
(2) A written statement, sworn to before an officer authorized by law to administer oaths, that the candidate is unable to pay the filing fee and does not have funds in a campaign fund or committee to pay the filing fee and a petition signed by not less than five thousand registered Missouri voters, as determined by the secretary of state, that the candidate's name be placed on the ballot of the specified established political party for the presidential preference primary. The request to be included on the presidential primary ballot shall include each signer's printed name, registered address and signature and shall be in substantially the following form:
I (We) the undersigned, do hereby request that the name of ............................... be placed upon the February .........., ......., presidential primary ballot as candidate for nomination as the nominee for President of the United States on the .................... party ticket.
2. The state or national party organization of an established political party that adopts rules imposing signature requirements to be met before a candidate can be listed as an official candidate shall notify the secretary of state by October first of the year preceding the presidential primary.
3. Any candidate or such candidate's authorized representative may have such candidate's name stricken from the presidential primary ballot by filing with the secretary of state on or before 5:00 p.m. on the eleventh Tuesday prior to the presidential primary election a written statement, sworn to before an officer authorized by law to administer oaths, requesting that such candidate's name not be printed on the official primary ballot. Thereafter, the secretary of state shall not include the name of that candidate in the official list announced pursuant to section 115.758 or in the certified list of candidates transmitted pursuant to section 115.765.
4. The filing times set out in this section shall only apply to presidential preference primaries, and are in lieu of those established in section 115.349.
Now if we can get 20 to 25 other states to take action before 2011 then the Presidential election of 2012 might make Obama drop out as he will have to comply or forced to be a One term President.
Lets hope Missouri passes this but then the Rat Party Governor Jay Nixon will probably refuse to sign the bill. I wonder if the House has an over ride system?
Presidential candidates should supply this information when they declare that they want to be a candidate. Waiting until just before the election just screws up the whole country and other candidates.
The Show Me State, ironic.
It’s in the Constitution. However, a little thing like the Constitution can be shoved aside so as to put the Second Marxist President into the White House.
(carter = first)
Seems to me the question at hand is not citizenship, but the Constitutional requirement of Natural Born Citizenship...
It looks like sloppy legislation to me. Well-meaning perhaps. But isn’t it always?
It won’t be easy for states to draft and pass good laws around presidential qualifications as long as the SCOTUS won’t decide exactly what the COTUS means and there is no Constitutionally-defined process for making sure the qualifications have been met.
This would allow naturalized citizens to become President.
election Night 2012 will be entertaining, as 1/2 the states will be greyed out and the MSM talkin’ heads will explode trying to avoid talking about it......
Citizenship isn’t enough to be President. The law better spell out “Birth Certificate” or it’s a waste of time.
The laws basically just have to codify a particular definition of NBC and then let SCOTUS rule whether that definition is Constitutional. That’s the only way we’re going to get a definition of NBC.
It means that any bill that is introduced will be challenged by the DOJ, which also means that the law should have a severability clause to keep a judge from issuing an injunction against the whole thing - which would possibly allow the DOJ to stall until it’s too late for the law to take effect in 2012.
Carter = third. FDR beats him, hands down. He gets a pass by people because he was a wartime President.
Is there anything in the DNC and RNC rules which requires their candidate to run in every state?
Proof of United States Citizenship is not the same as proving Natural Born Citizenship. All one needs to show as "evidence" of your Citizenship status is a passport. If you present a valid passport issued by the United States Government saying you are a Citizen of the United States, that is prima facie evidence of your status as a Citizen of the United States. I'm sure Obama has such a document. Actually all he needs to show is his Presidential ID. I think any court in the Nation would consider that sufficient evidence of "citizenship."
The problem is not Obama's citizenship, it is his status at the time of his birth. I don't see anything in this law that requires anyone to produce a birth certificate or other evidence of Natural Born Citizen status or to even prove they were born in the United States. Under this law Arnold Schwartenegger could get on the ballot.
I understand there are 11 states right now trying to pass legislation requirements.
Lordie! I was wondering when they would get around to it! WOO WOO! All we are doing is living up to our state motto: Show Me!!