Missouri 2024 Regular Session

Missouri Senate Bill SB774 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	SECOND REGULAR SESSION
5	5	SENATE BILL NO. 774
6	6	102ND GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR GANNON.
8	8	4336S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 115.127, RSMo, and to enact in lieu thereof one new section relating to local
11	11	election candidate filing dates, with an effective date.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 115.127, RSMo, is repealed and one new 1
15	15	section enacted in lieu thereof, to be known as section 115.127, 2
16	16	to read as follows:3
17	17	115.127. 1. Except as provided in subsection 4 of 1
18	18	this section, upon receipt of notice of a special election 2
19	19	to fill a vacancy submitted pursuant to subsection 2 of 3
20	20	section 115.125, the election authority shall cause legal 4
21	21	notice of the special election to be published in a 5
22	22	newspaper of general circulation in its jurisdiction. The 6
23	23	notice shall include the name of the officer or agency 7
24	24	calling the election, the date and time of the election, the 8
25	25	name of the office to be filled and the date by which 9
26	26	candidates must be selected or filed for the office. Within 10
27	27	one week prior to each special election to fill a vacancy 11
28	28	held in its jurisdiction, the election authority shall cause 12
29	29	legal notice of the election to be published in two 13
30	30	newspapers of different political faith and general 14
31	31	circulation in the jurisdiction. The legal notice shall 15
32	32	include the date and time of the election, the name of the 16
33	33	officer or agency calling the election and a sample ballot. 17
34	34	If there is only one newspaper o f general circulation in the 18 SB 774 2
35	35	jurisdiction, the notice shall be published in the newspaper 19
36	36	within one week prior to the election. If there are two or 20
37	37	more newspapers of general circulation in the jurisdiction, 21
38	38	but no two of opposite political faith, th e notice shall be 22
39	39	published in any two of the newspapers within one week prior 23
40	40	to the election. 24
41	41	2. Except as provided in subsections 1 and 4 of this 25
42	42	section and in sections 115.521, 115.549 and 115.593, the 26
43	43	election authority shall cause legal no tice of each election 27
44	44	held in its jurisdiction to be published. The notice shall 28
45	45	be published in two newspapers of different political faith 29
46	46	and qualified pursuant to chapter 493 which are published 30
47	47	within the bounds of the area holding the election. If 31
48	48	there is only one so -qualified newspaper, then notice shall 32
49	49	be published in only one newspaper. If there is no 33
50	50	newspaper published within the bounds of the election area, 34
51	51	then the notice shall be published in two qualified 35
52	52	newspapers of different political faith serving the area. 36
53	53	Notice shall be published twice, the first publication 37
54	54	occurring in the second week prior to the election, and the 38
55	55	second publication occurring within one week prior to the 39
56	56	election. Each such legal notice shall inc lude the date and 40
57	57	time of the election, the name of the officer or agency 41
58	58	calling the election and a sample ballot; and, unless notice 42
59	59	has been given as provided by section 115.129, the second 43
60	60	publication of notice of the election shall include the 44
61	61	location of polling places. The election authority may 45
62	62	provide any additional notice of the election it deems 46
63	63	desirable. 47
64	64	3. The election authority shall print the official 48
65	65	ballot as the same appears on the sample ballot, and no 49
66	66	candidate's name or ballot issue which appears on the sample 50 SB 774 3
67	67	ballot or official printed ballot shall be stricken or 51
68	68	removed from the ballot except on death of a candidate or by 52
69	69	court order, but in no event shall a candidate or issue be 53
70	70	stricken or removed from the ballot less than eight weeks 54
71	71	before the date of the election. 55
72	72	4. In lieu of causing legal notice to be published in 56
73	73	accordance with any of the provisions of this chapter, the 57
74	74	election authority in jurisdictions which have less than 58
75	75	seven hundred fifty registered voters and in which no 59
76	76	newspaper qualified pursuant to chapter 493 is published, 60
77	77	may cause legal notice to be mailed during the second week 61
78	78	prior to the election, by first class mail, to each 62
79	79	registered voter at the voter's voting address. All such 63
80	80	legal notices shall include the date and time of the 64
81	81	election, the location of the polling place, the name of the 65
82	82	officer or agency calling the election and a sample ballot. 66
83	83	5. If the opening date for filing a declaration of 67
84	84	candidacy for any office in a political subdivision or 68
85	85	special district is not required by law or charter, the 69
86	86	opening filing date shall be 8:00 a.m., the [seventeenth] 70
87	87	sixteenth Tuesday prior to the election. If the closing 71
88	88	date for filing a declaration of candi dacy for any office in 72
89	89	a political subdivision or special district is not required 73
90	90	by law or charter, the closing filing date shall be 5:00 74
91	91	p.m., the [fourteenth] thirteenth Tuesday prior to the 75
92	92	election, or if the thirteenth Tuesday prior to the elect ion 76
93	93	is a state or federal holiday, the closing filing date shall 77
94	94	be 5:00 p.m. on the next day that is not a state or federal 78
95	95	holiday. The political subdivision or special district 79
96	96	calling an election shall, before the [seventeenth] 80
97	97	sixteenth Tuesday, prior to any election at which offices 81
98	98	are to be filled, notify the general public of the opening 82 SB 774 4
99	99	filing date, the office or offices to be filled, the proper 83
100	100	place for filing and the closing filing date of the 84
101	101	election. Such notification may be accom plished by legal 85
102	102	notice published in at least one newspaper of general 86
103	103	circulation in the political subdivision or special district. 87
104	104	6. Except as provided for in sections 115.247 and 88
105	105	115.359, if there is no additional cost for the printing or 89
106	106	reprinting of ballots or if the candidate agrees to pay any 90
107	107	printing or reprinting costs, a candidate who has filed for 91
108	108	an office or who has been duly nominated for an office may, 92
109	109	at any time after the certification of the notice of 93
110	110	election required in s ubsection 1 of section 115.125 but no 94
111	111	later than 5:00 p.m. on the eighth Tuesday before the 95
112	112	election, withdraw as a candidate pursuant to a court order, 96
113	113	which, except for good cause shown by the election authority 97
114	114	in opposition thereto, shall be freely given upon 98
115	115	application by the candidate to the circuit court of the 99
116	116	area of such candidate's residence. 100
117	117	Section B. Section A of this act shall become 1
118	118	effective January 1, 2025. 2
119	119	