HCS SB 741 -- ELECTIONS

SPONSOR:  Griesheimer (Dugger)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Elections
by a vote of 9 to 0.

This substitute changes the laws regarding special elections for
statewide offices and political subdivision and special district
elections.  In its main provisions, the substitute:

(1)  Requires a special election to be held for a vacancy in the
offices of United States Senator, Lieutenant Governor, Attorney
General, Secretary of State, State Auditor, or State Treasurer.
If there is an impeachment proceeding for one of these officers,
the Governor will temporarily administer the duties of the office
until the trial; and if there is a conviction, the special
election process will be used to fill the vacancy.  In the case
of a vacancy in the Office of the Attorney General, the Office of
the State Auditor, or the Office of a United States Senator, the
Governor will appoint a temporary acting attorney general,
auditor, or senator who will serve until a special election for
the office is held.  Currently, the Office of United States
Senator and most statewide offices, except for the Office of the
Governor, may be filled by a gubernatorial appointment when there
is a vacancy;

(2)  Allows a city with a population of up to 7,500 to use the
nonpartisan election procedures of Section 115.124, RSMo, which
allows nonpartisan candidates 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; and

(3)  Establishes a procedure by which an ambulance district board
member may be recalled from office by the registered voters of
the member's election district.  No board member can be recalled
during the first or last 180 days of the member's current term or
if a previous recall election was decided in the member's favor
during the current term.  The requirements for a notice of
intention to circulate a recall petition are specified as well as
the procedures for signature certification by the election
authority.  The number of qualified signatures needed to recall a
board member must be equal to at least 25% of the number of
voters who voted in the most recent gubernatorial election in the
election district.  The election authority must order a recall
election on a statutory election day, not less than 45 days but
not more than 120 days from the date the ambulance board receives
the certified petition.  If the ambulance district board member
being recalled resigns at any time prior to 42 days before the
election, the recall question will be removed from the ballot and
the vacant seat will be filled as specified by law.  The
resigning member cannot fill the vacancy.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of an
income of $0 or a cost of More than $7,000,000 in FY 2011, FY
2012, and FY 2013.  No impact on Other State Funds in FY 2011, FY
2012, and FY 2013.

PROPONENTS:  Supporters say that there needs to be a recall
procedure for board members of ambulance districts.  In rare
cases, disruptive members have caused substantial problems in
small communities.  The voter recall process ensures that the
general public has the ultimate authority.

Testifying for the bill were Senator Griesheimer; and Missouri
Ambulance Association.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:14 pm