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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