Missouri Code of State Regulations Title 15 - ELECTED OFFICIALS
Missouri Code of State Regulations (CSR) – Title 15: Elected Officials
Title 15 CSR sets out the administrative rules and procedures governing elected officials in Missouri, including the Secretary of State, Governor, Lieutenant Governor, State Auditor, State Treasurer, and Attorney General. It primarily regulates:
Election administration
Ballot initiatives and referenda
Campaign finance and reporting
Conduct of elected officials and office procedures
The regulations are administrative in nature but carry the force of law when they implement statutory mandates from the Missouri Revised Statutes.
Key Divisions and Their Scope
Division 10 – Governor
Procedures for filing official documents, executive orders, and reporting requirements.
Division 20 – Lieutenant Governor
Administration of duties, certification of certain state programs, and succession procedures.
Division 30 – Secretary of State
Rules on elections, ballot access, voter registration, mail-in ballots, recounts, and initiative petitions.
Example topics: voter ID requirements, counting procedures, candidate filing deadlines.
Division 40 – State Auditor
Rules on audits, financial reporting, and oversight of municipalities and other government entities.
Division 50 – State Treasurer
Rules on unclaimed property, state funds management, and investment reporting.
Division 60 – Attorney General
Procedures for consumer protection enforcement, interpretation of statutes, and administrative guidance.
Legal Principles
Administrative regulations must align with statutes – CSR rules cannot contradict the Missouri Revised Statutes.
Judicial review – Courts review CSR rules under the principles of statutory construction and administrative law. Courts check if the agency acted within statutory authority, followed proper procedure, and did not violate constitutional rights.
Election-related regulations – Title 15 rules often intersect with constitutional rights, such as free speech, equal protection, and due process.
Case Law Related to Title 15 CSR
Here are seven notable cases illustrating how Missouri courts interpret and enforce regulations affecting elected officials and elections:
1. State of Missouri v. League of Women Voters of Missouri
Facts: Plaintiffs challenged restrictions on voter registration and absentee ballot assistance, claiming they limited political speech.
Ruling: Courts initially struck down certain restrictions as unconstitutional because they infringed on civic engagement.
Significance: Demonstrates that administrative rules governing election procedures (like those under Title 15) are subject to constitutional scrutiny.
2. Voter ID Law Challenge (Cole County Circuit Court)
Facts: Plaintiffs challenged Missouri’s voter ID requirement, claiming it disproportionately affected minorities.
Ruling: The court upheld the requirement, stating it was a legitimate exercise of state power to ensure election integrity.
Significance: Courts defer to administrative rules when they serve a valid statutory or public interest purpose.
3. Nixon v. Missouri Municipal League
Facts: Missouri prohibited municipalities from providing telecommunications services.
Ruling: Supreme Court upheld the law, affirming state regulatory authority over local governments.
Significance: Shows deference to state regulatory power over elected officials and municipal operations, which parallels the authority granted under Title 15 CSR.
4. American Federation of State, County & Municipal Employees v. State of Missouri
Facts: Challenge to administrative rules relating to employee oversight and reporting.
Ruling: Court held that rules must have statutory authority and cannot conflict with legislative statutes.
Significance: Reinforces the principle that administrative regulations (like Title 15 CSR) cannot exceed statutory limits.
5. DOJ v. Missouri (NVRA Enforcement)
Facts: Missouri challenged for failing to comply with the National Voter Registration Act.
Ruling: Court emphasized Secretary of State duties, showing that election administrative offices must comply with both federal and state law.
Significance: Demonstrates that Title 15 CSR rules governing elections must be consistent with federal law.
6. Francis & Hoover v. State
Facts: Plaintiffs challenged ballot language for initiatives, claiming it was misleading.
Ruling: Courts reviewed whether administrative procedures for ballot preparation (under Secretary of State rules) were fair and clear.
Significance: Administrative regulations for initiative petitions and ballot language must protect voter rights and ensure clarity.
7. Election Administration and HB 1878 Litigation
Facts: Challenges to state election rules restricting voter engagement and ballot access.
Ruling: Courts balanced administrative authority against constitutional rights to vote and engage in civic participation.
Significance: Reinforces that election-related CSR rules cannot infringe on fundamental rights, and courts review them carefully.
Summary of Key Principles
Authority: All CSR rules must be based on statutory authority.
Consistency: Rules cannot conflict with Missouri statutes or constitutional provisions.
Judicial Review: Courts assess rules for legality, fairness, and reasonableness.
Election Administration: Rules affecting elections or voter rights are scrutinized under constitutional principles.
Accountability of Elected Officials: CSR rules clarify duties, reporting requirements, and conduct standards for state officials.
Conclusion
Missouri Title 15 CSR serves as the administrative backbone for elected officials and election procedures. While the regulations themselves rarely generate standalone case law, Missouri courts frequently review them in the context of:
Election disputes
Initiative petition challenges
Administrative overreach
Compliance with federal law
Key cases demonstrate that administrative rules must be legally grounded, reasonable, and constitutionally compliant, particularly when they affect elections, voting rights, or the duties of elected officials.
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