William Goad has posted A Case Study in Missouri Election Law and Institutional Nonenforcement: Discretion, Disqualification, and the Breakdown of Statutory Duty on SSRN. Here is the abstract:
This article explores Missouri's failure to enforce RSMo § 115.342, which requires candidates to affirm they are not delinquent on taxes and provides for disqualification if false affidavits are submitted. Despite this statutory safeguard, enforcement has been inconsistent or entirely absent in some jurisdictions. Through legal analysis and a case study in rural eastern Missouri, the article argues that public officials-including the Department of Revenue, Secretary of State, and local prosecutors-are bound by ministerial duties under the statute and cannot rely on prosecutorial discretion to avoid action. The article contends that failure to investigate and disqualify unqualified candidates disenfranchises voters and other candidates alike and weakens the legitimacy of the democratic process. Drawing on constitutional principles, statutory interpretation canons, and enforcement patterns, the article recommends reforms including centralized oversight, broader standing for enforcement through mandamus, and strengthened protections for whistleblowers. The case serves as a warning that electoral statutes, no matter how well written, are only as effective as the officials willing to enforce them.