IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE enacting subsection 298. Jackson County Code, 1984 relating to campaign contribution limits for all elected Jackson County officials, with an effective date and severability clause.
Intro
ORDINANCE NO. 6142, October 5, 2026
INTRODUCED BY Sean E. Smith, County Legislator
Body
WHEREAS, Missouri law, written and enacted by the Missouri State Legislature, establishes contribution limits for candidates for election to the Missouri Senate; and,
WHEREAS, contribution limits for municipal candidates for local office must be established by the applicable political subdivision; and
WHEREAS, the Legislature finds that candidates for all elected Jackson County offices should be subject to a uniform contribution limit equivalent to that of candidates for the Missouri Senate; and
WHEREAS, existing Missouri campaign finance law governs permissible and prohibited sources of contributions, committee transfers, disclosure, attribution, and related campaign finance requirements, and this Ordinance and resulting County Code are intended to supplement rather than duplicate or alter those requirements; and,
WHEREAS, it is in the best interests and welfare of the citizens of Jackson County for a new section of the Jackson County Code, 1984 to be enacted which will limit campaign contributions; and,
WHEREAS, the Jackson County Charter, Article II, Section 16.1 allows the Jackson County Legislature to “… determine and make provision for any matter of County government not otherwise provided for…” and Section 16.12 allows the Jackson County Legislature to “… establish election procedures not inconsistent with the constitution and applicable law.”; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County Missouri as follows:
Section A. Enacting Clause, subsection 298., Jackson County Code 1984 is hereby enacted to read as follows:
298. Campaign Contribution Limitations
298.1 Purpose
a. It is necessary for the fair and just administration of elections within Jackson County to establish a uniform campaign contribution limit for candidates seeking nomination or election to any elected office of Jackson County, Missouri, equivalent to the contribution limit applicable to candidates for the Missouri Senate.
298.2. Definitions
a. County Office - any office of Jackson County filled by election of the voters, including, but not limited to, County Executive, Prosecuting Attorney, Sheriff, members of the County Legislature, whether elected by district or at large, County Assessor upon such office becoming elective, and any other Jackson County office now or hereafter filled by election of the voters.
b. "OEHRCC" means the Office of Ethics, Human Relations and Citizen Complaints of Jackson County.
c. Unless otherwise expressly provided, terms used herein shall have the meanings assigned to them under the Missouri Constitution, Chapter 130, RSMo., and other applicable Missouri campaign finance law.
298.3 Contribution Limit
a. No candidate seeking nomination or election to a County Office, or candidate committee established for such candidate, shall accept aggregate contributions from any one person, other than the candidate, for any single election in excess of the maximum contribution.
b. As of the effective date of this Ordinance, the contribution limit established by subsection a. is two thousand four hundred dollars ($2,400) per election.
c. If the maximum contribution permitted to a candidate for Missouri State Senator is subsequently increased, decreased, or otherwise modified by amendment to the Missouri Constitution or other applicable state law, the contribution limit established by this section shall, to the fullest extent permitted by law, automatically become the same amount on the effective date of the state change, without further action of the County Legislature.
d. For purposes of determining what constitutes an election, when contributions may be accepted for a particular election, how contributions are aggregated or attributed, and what constitutes a contribution, applicable Missouri campaign finance law shall govern.
298.4. Application of State Campaign Finance Law.
Nothing in this section shall authorize a contribution or transaction prohibited by the Missouri Constitution, Chapter 130, RSMo., or other applicable state law, nor shall this section alter, supersede, expand, or diminish any state law restriction, disclosure requirement, attribution rule, committee-transfer rule, or other campaign finance requirement. This Ordinance establishes a local maximum contribution amount and shall be construed consistently with applicable Missouri campaign finance law.
298.5. Applicability.
a. The contribution limitation established by this section shall apply uniformly to every candidate seeking nomination or election to a County Office, whether the office is elected countywide, by district, or at large.
b. The limitation shall apply to an exploratory committee, candidate committee, or other committee established on behalf of a person seeking a County Office to the same extent that the contribution limitation applicable to a candidate for Missouri State Senator would apply under Missouri law.
298.6. Administration and Civil Enforcement by OEHRCC.
a. OEHRCC shall have jurisdiction to administer and civilly enforce the contribution limitation established by this section. The duties, functions, and powers of OEHRCC are hereby expanded to the extent necessary to carry out this section.
b. OEHRCC may receive complaints, initiate investigations upon information reasonably indicating a violation, require the production of records and information to the extent authorized by law, conduct hearings, make findings of fact and conclusions, issue civil enforcement orders, and take other lawful actions reasonably necessary to administer and enforce this section.
c. OEHRCC may obtain and consider campaign finance reports, bank records, contribution records, committee records, Missouri Ethics Commission filings, and other relevant evidence in determining compliance with this section, subject to applicable law.
298.7. Correction of Excess Contributions; Safe Harbor.
a. A candidate or committee that receives a contribution exceeding the applicable limit shall not be subject to a civil penalty under this section if the excess amount is returned to the contributor, or otherwise lawfully disposed of, within thirty (30) days after receipt or within ten (10) business days after the candidate, treasurer, or committee first discovers the excess contribution, whichever occurs later, provided that the violation was not knowing, willful, or part of a scheme to circumvent the contribution limit.
b. OEHRCC may require reasonable documentation establishing that an excess contribution was timely corrected.
c. Nothing in this section prevents OEHRCC from investigating whether multiple contributions, refunds, reimbursements, intermediaries, or related transactions were used to evade or circumvent the contribution limitation.
298.8. Civil Remedies and Penalties.
a. If OEHRCC determines that a candidate or committee accepted a contribution in excess of the applicable limit and the violation was not timely corrected pursuant to Section 7, OEHRCC may order the candidate or committee to return, refund, or disgorge the amount received in excess of the lawful limit.
b. In addition to corrective relief under subsection a., OEHRCC may impose a civil penalty not exceeding two times the amount by which the contribution exceeded the applicable limit.
c. If OEHRCC finds by clear and convincing evidence that a violation was knowing or willful, or that a person intentionally structured, directed, reimbursed, concealed, or facilitated a contribution for the purpose of circumventing the contribution limit, OEHRCC may impose a civil penalty not exceeding three times the amount of the unlawful or excess contribution.
d. In determining the amount of any civil penalty, OEHRCC shall consider the nature and seriousness of the violation, whether it was knowing or willful, the amount involved, the promptness of corrective action, cooperation with the investigation, any prior violations, and any other mitigating or aggravating circumstances.
e. Civil penalties collected pursuant to this section shall be paid to Jackson County and deposited as provided by applicable County law.
298.9. Procedure and Due Process.
a. Before imposing a civil penalty or final enforcement order, OEHRCC shall provide the respondent written notice of the alleged violation and a reasonable opportunity to respond and to be heard.
b. OEHRCC shall adopt or utilize procedures providing for impartial adjudication, creation of an administrative record, written findings and conclusions, and notice of any right to judicial review provided by law.
c. OEHRCC may dismiss complaints that are outside its jurisdiction, facially insufficient, frivolous, duplicative, or unsupported after preliminary review.
298.10. Coordination with State Law and Other Authorities.
a. Nothing in this section shall be construed to limit the jurisdiction or authority of the Missouri Ethics Commission, any prosecuting authority, a court of competent jurisdiction, or any other governmental entity under applicable law.
b. Conduct that may violate state law may be referred by OEHRCC to the Missouri Ethics Commission or other appropriate authority. Such referral shall not preclude OEHRCC from enforcing the distinct contribution limitation established by this section to the extent permitted by law.
c. No provision of this section shall be construed to create a new prohibition concerning the source or type of a contribution where such source or type is already governed by state law.
298.11. Rules.
OEHRCC may promulgate reasonable rules, forms, and procedures necessary to administer and enforce this section, provided that no such rule may alter the contribution limit established herein or authorize any contribution prohibited by state law.
298.12. Severability.
If any provision, sentence, clause, phrase, or application of this section is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions and applications shall remain in full force and effect.
298.13. Effective Date.
This section shall become effective and shall apply to contributions accepted on or after that date for elections occurring on or after.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon signature by the County Executive.
APPROVED AS TO FORM:
_____________________________
County Counselor
I hereby certify that the attached ordinance, Ordinance No. 6142 introduced on October 5, 2026, was duly passed on _______________________, 2026 by the Jackson County Legislature. The votes thereon were as follows:
Yeas________________ Nays_______________
Abstaining____________ Absent______________
This Ordinance is hereby transmitted to the County Executive for his signature.
__________________ _____________________________________
Date Mary Jo Spino, Clerk of the Legislature
I hereby approve the attached Ordinance No. 6142.
__________________ _____________________________________
Date Phil LeVota, County Executive