115.125. Notice of election, when given--facsimile transmission used when, exceptions--late notification, procedure.
Notice of election, when given--facsimile transmission used when,exceptions--late notification, procedure.
115.125. 1. Not later than 5:00 p.m. on the tenth Tuesday prior toany election, except a special election to decide an election contest, tievote or an election to elect seven members to serve on a school board of adistrict pursuant to section 162.241, RSMo, or a delay in notificationpursuant to subsection 2 of this section, or pursuant to the provisions ofsection 115.399, the officer or agency calling the election shall notifythe election authorities responsible for conducting the election. Thenotice shall be in writing, shall specify the name of the officer or agencycalling the election and shall include a certified copy of the legal noticeto be published pursuant to subsection 2 of section 115.127. The noticeand any other information required by this section may, with the priornotification to the election authority receiving the notice, be accepted byfacsimile transmission prior to 5:00 p.m. on the tenth Tuesday prior to theelection, provided that the original copy of the notice and a certifiedcopy of the legal notice to be published shall be received in the office ofthe election authority within three business days from the date of thefacsimile transmission. In lieu of a certified copy of the legal notice tobe published pursuant to subsection 2 of section 115.127, each notice of aspecial election to fill a vacancy shall include the name of the office tobe filled, the date of the election and the date by which candidates mustbe selected or filed for the office. Not later than the fourth Tuesdayprior to any special election to fill a vacancy called by a politicalsubdivision or special district, the officer or agency calling the electionshall certify a sample ballot to the election authorities responsible forconducting the election.
2. Except as provided for in sections 115.247 and 115.359, if thereis no additional cost for the printing or reprinting of ballots or if thepolitical subdivision or special district calling for the election agreesto pay any printing or reprinting costs, a political subdivision or specialdistrict may, at any time after certification required in subsection 1 ofthis section, but no later than 5:00 p.m. on the sixth Tuesday before theelection, be permitted to make late notification to the election authoritypursuant to court order, which, except for good cause shown by the electionauthority in opposition thereto, shall be freely given upon application bythe political subdivision or special district to the circuit court of thearea of such subdivision or district. No court shall have the authority toorder an individual or issue be placed on the ballot less than six weeksbefore the date of the election, except as provided in sections 115.361 and115.379.
(L. 1977 H.B. 101 § 6.010, A.L. 1980 S.B. 734, A.L. 1983 S.B. 234, A.L. 1986 H.B. 1676, A.L. 1995 H.B. 484, et al., A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B. 132, A.L. 2003 H.B. 511)