115.124. Nonpartisan election in political subdivision or special district, no election required if number of candidates filing is same as number of positions to be filled--exceptions--random drawing
Nonpartisan election in political subdivision or special district, noelection required if number of candidates filing is same asnumber of positions to be filled--exceptions--random drawingfiling procedure followed when election is required.
115.124. 1. Notwithstanding any other law to the contrary, in anonpartisan election in any political subdivision or special districtexcept for municipal elections, if the notice provided for in subsection 5of section 115.127 has been published in at least one newspaper of generalcirculation in the district, and if the number of candidates who have filedfor a particular office is equal to the number of positions in that officeto be filled by the election, no election shall be held for such office,and the candidates shall assume the responsibilities of their offices atthe same time and in the same manner as if they had been elected.Notwithstanding any other provision of law to the contrary, if at anyelection the number of candidates filing for a particular office exceedsthe number of positions to be filled at such election, the electionauthority shall hold the election as scheduled, even if a sufficient numberof candidates withdraw from such contest for that office so that the numberof candidates remaining after the filing deadline is equal to the number ofpositions to be filled.
2. The election authority or political subdivision responsible forthe oversight of the filing of candidates in any nonpartisan election inany political subdivision or special district shall clearly designate wherecandidates shall form a line to effectuate such filings and determine theorder of such filings; except that, in the case of candidates who file adeclaration of candidacy with the election authority or politicalsubdivision prior to 5:00 p.m. on the first day for filing, the electionauthority or political subdivision may determine by random drawing theorder in which such candidates' names shall appear on the ballot. If adrawing is conducted pursuant to this subsection, it shall be conducted sothat each candidate may draw a number at random at the time of filing. Ifsuch drawing is conducted, the election authority or political subdivisionshall record the number drawn with the candidate's declaration ofcandidacy. If such drawing is conducted, the names of candidates filing onthe first day of filing for each office on each ballot shall be listed inascending order of the numbers so drawn.
(L. 1990 S.B. 862 § 1, A.L. 1996 S.B. 598, A.L. 1999 H.B. 676, A.L. 2003 S.B. 686, A.L. 2006 S.B. 1014 & 730)