SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1541
95TH GENERAL ASSEMBLY
Reported from the Committee on Financial and Governmental Organizations and Elections, May 3, 2010, with recommendation that the Senate Committee Substitute do pass.
TERRY L. SPIELER, Secretary.
To repeal sections 78.090 and 115.134, RSMo, and to enact in lieu thereof two new sections relating to local elections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 78.090 and 115.134, RSMo, are repealed and two new sections enacted in lieu thereof, to be known as sections 78.090 and 115.134, to read as follows:
78.090. 1. Candidates to be voted for at all general municipal elections at which a mayor and councilmen are to be elected under the provisions of sections 78.010 to [78.420] 78.400 shall be nominated by a primary election, except as provided in this section, and no other names shall be placed upon the general ballot except those selected in the manner herein prescribed. The primary election for such nomination shall be held on the first Tuesday after the first Monday in February preceding the municipal election.
2. (1) In lieu of conducting a primary election under this section, any city organized under sections 78.010 to 78.400 may, by order or ordinance, provide for the elimination of the primary election and the conduct of elections for mayor and councilman as provided in this subsection.
(2) Any person desiring to become a candidate for mayor or councilman shall file with the city clerk a signed statement of such candidacy, stating whether such person is a resident of the city and a qualified voter of the city, that the person desires to be a candidate for nomination to the office of mayor or councilman to be voted upon at the next municipal election for such office, that the person is eligible for such office, that the person requests to be placed on the ballot, and that such person shall serve if elected. Such statement shall be sworn to or affirmed before the city clerk.
(3) Under the requirements of section 115.023, the city clerk shall notify the requisite election authority who shall cause the official ballots to be printed, and the names of the candidates shall appear on the ballots in the order that their statements of candidacy were filed with the city clerk. Above the names of the candidates shall appear the words "Vote for (number to be elected)". The ballot shall also include a warning that voting for more than the total number of candidates to be elected to any office invalidates the ballot.
115.134. Notwithstanding any other provision of law to the contrary, in any local election to be held where a candidate for a particular office does not appear on the ballot along with other candidates or questions due to the application of section 115.124, any other statute, or the lack of a candidate filing for the office, the election authority responsible for any public notice of the election shall cause to be printed in any publication directed by law, a public disclosure explaining the statutory authority and the reason why such election for such office shall not appear on the voters's ballot for that election. If, for any reason, a scheduled local election is cancelled due to the application of section 115.124, any other statute, or a lack of a candidate filing for an office when no other ballot item exists to necessitate conducting the election, the election authority responsible for any public notice of the election shall either:
(1) Provide for public notice in the same manner as if an election would have been held and provide a public disclosure explaining the statutory authority and the reason why such election shall not occur; or
(2) Mail a postcard containing the public disclosure as provided in this section to every household with a registered voter within the political subdivision in which the election was to take place.