Missouri Senator Gary Nodler (R-Joplin) has introduced SB 409, which would require all independent candidates to file a declaration of candidacy in March of election years. As before, the independent candidate’s petition would continue to be in July. The bill has been referred to the Senate Elections Committee.

The bill is clearly unconstitutional as applied to independent presidential candidates. It is possible that it would be declared unconstitutional as to independent candidates for other office as well. A similar South Carolina law was struck down by the 4th circuit in 1991, but a similar Texas law was upheld by the 5th circuit in 1996. Missouri is in the 8th circuit and there is no controlling precedent. However, in 1976 a 3-judge US District Court invalidated a Missouri law saying independent candidate petitions had to be submitted in April.