Summary of the Perfected Version of the Bill


HCS HB 1060 -- ELECTIONS (Dugger)


COMMITTEE OF ORIGIN: Committee on Elections


This substitute changes the laws regarding elections. In its

main provisions, the substitute:


(1) Allows a county sheriff, marshal, clerk, or collector or the

deputy of the position to run for the office of county treasurer

but prohibits him or her from holding the office and the office

of county treasurer simultaneously (Section 54.040, RSMo);


(2) Allows third class cities to eliminate, by order or

ordinance, a primary election for mayor and councilman and

conduct the election as specified in the substitute (Section

78.090);


(3) Removes the first Tuesday after the first Monday in June as

a possible date for an election day (Section 115.123);


(4) Specifies that in a nonpartisan election in any political

subdivision or special district except for a municipal election

in any city, town, or village with more than 6,000 inhabitants or

3,000 or less inhabitants when no election is held because the

number of candidates is equal to the number of positions in that

office, the election authority must publish a notice containing

the names of the candidates who will assume the responsibilities

of office. The notice must be published by April 1 of each year

in at least one newspaper of general circulation in the political

subdivision or district. Currently, in a nonpartisan election in

any political subdivision or special district with the exception

of municipal elections, candidates are allowed to take office

without an election if the number of candidates is equal to the

number of positions to be filled and proper notice has been

published in at least one newspaper of general circulation in the

district (Section 115.124.1);


(5) Allows candidates in any city, town, or village with 3,000

or less inhabitants to assume offices in nonpartisan elections

when the number of candidates for office equals the number of

positions available. This procedure must be approved by a

majority of the voters in the political subdivision before it

becomes effective and must be resubmitted to the voters every 12

years (Section 115.124.3);


(6) Repeals the provision requiring a political party’s emblem

to be printed on an election ballot above the party caption

(Section 115.241);


(7) Repeals the provision requiring an absentee ballot to be rejected if sufficient evidence is shown to the election

authority that the absentee voter has died prior to the opening

of the polls on election day (Section 115.293);


(8) Requires each candidate for elective public office to file

an affidavit with the appropriate election authority declaring

that he or she is eligible to hold office under Sections 115.350

and 115.348 because he or she has not been convicted of a state

or federal felony. Any person may bring suit to prevent a

candidate from running for office or to remove a candidate

currently holding office who has violated the requirements of the

substitute. The court may order a candidate removed from the

ballot or expel a candidate from office by issuing a writ of quo

warranto upon a finding by a preponderance of the evidence that a

candidate signed a false affidavit. Signing a false affidavit

will be punishable by a criminal charge of perjury under Section

575.040 (Section 115.350);


(9) Specifies that any election authority or political

subdivision employee in charge of the oversight of the filing for

office who discourages, hampers, pressures, or attempts to

prevent another person from filing for office for the purpose of

eliminating the requirement to hold a special election because

the number of candidates filing is the same as the number of

positions to be filled will be guilty of a class four election

offense (Section 115.637); and


(10) Increases the state committee filing fee for a presidential

candidate from $1,000 to $10,000 for any election after December

1, 2012 (Section 115.761).


FISCAL NOTE: No impact on state funds in FY 2013, FY 2014, and

FY 2015.


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