Section 2.9 Additional Restrictions and Qualifications to Hold Office as Imposed by Statute and Local Laws

• Library: Local Government Deskbook (2017 Ed.)

B. (§2.9) Additional Restrictions and Qualifications to Hold Office as Imposed by Statute and Local Laws

As discussed in §2.8 above, the Missouri Constitution sets forth basic threshold requirements for municipal office (citizenship, residency). See Mo. Const. art. VII, § 8. In addition, state statute and local laws can supplement the qualifications necessary for municipal office. For example, state statutes often impose age-related requirements. See, e.g.:

· § 77.230, RSMo 2016 (third class city mayor must be at least 30 years of age)

· § 79.080, RSMo 2016 (fourth class city mayor must be at least 25 years of age)

· § 80.050, RSMo 2016 (board of trustees of villages and towns must be at least 21 years of age)

State statutes may also go beyond age and require that additional criteria be met—such as requiring candidates to have a clean criminal history. See, e.g., State v. Young, 362 S.W.3d 386, 390, 398 (Mo. banc 2012) (a statute, which provided that no person shall qualify for elective public office who has been convicted or found guilty of or pled guilty to a felony, applied to prohibit the candidate for county commissioner from holding office). The statute at issue in Young, § 115.350, RSMo, was repealed by L. 2015, S.B. No. 104, § A; the comparable current statute is § 115.306, RSMo 2016.

One example of non-age-related statutory restriction on running for municipal office is § 79.250, RSMo 2016 (emphasis added), which bars both elected and appointed officers of fourth class cities from assuming office “who shall at the time be in arrears for any unpaid city taxes.” In 1997, this statute was interpreted to mean a mayoral candidate shall not be in arrears for unpaid city taxes...