115.127. Notice of election, how, when given--striking names or issues from ballot, requirements--declaration of candidacy, officers for political subdivisions or special elections, filing date, when,
Notice of election, how, when given--striking names or issues fromballot, requirements--declaration of candidacy, officers forpolitical subdivisions or special elections, filing date, when,notice requirements, exceptions for certain home rulecities--candidate withdrawing, ballot reprinting, cost, how paid.
115.127. 1. Except as provided in subsection 4 of this section, uponreceipt of notice of a special election to fill a vacancy submittedpursuant to section 115.125, the election authority shall cause legalnotice of the special election to be published in a newspaper of generalcirculation in its jurisdiction. The notice shall include the name of theofficer or agency calling the election, the date and time of the election,the name of the office to be filled and the date by which candidates mustbe selected or filed for the office. Within one week prior to each specialelection to fill a vacancy held in its jurisdiction, the election authorityshall cause legal notice of the election to be published in two newspapersof different political faith and general circulation in the jurisdiction.The legal notice shall include the date and time of the election, the nameof the officer or agency calling the election and a sample ballot. Ifthere is only one newspaper of general circulation in the jurisdiction, thenotice shall be published in the newspaper within one week prior to theelection. If there are two or more newspapers of general circulation inthe jurisdiction, but no two of opposite political faith, the notice shallbe published in any two of the newspapers within one week prior to theelection.
2. Except as provided in subsections 1 and 4 of this section and insections 115.521, 115.549 and 115.593, the election authority shall causelegal notice of each election held in its jurisdiction to be published.The notice shall be published in two newspapers of different politicalfaith and qualified pursuant to chapter 493, RSMo, which are publishedwithin the bounds of the area holding the election. If there is only oneso qualified newspaper, then notice shall be published in only onenewspaper. If there is no newspaper published within the bounds of theelection area, then the notice shall be published in two qualifiednewspapers of different political faith serving the area. Notice shall bepublished twice, the first publication occurring in the second week priorto the election, and the second publication occurring within one week priorto the election. Each such legal notice shall include the date and time ofthe election, the name of the officer or agency calling the election and asample ballot; and, unless notice has been given as provided by section115.129, the second publication of notice of the election shall include thelocation of polling places. The election authority may provide anyadditional notice of the election it deems desirable.
3. The election authority shall print the official ballot as the sameappears on the sample ballot, and no candidate's name or ballot issue whichappears on the sample ballot or official printed ballot shall be strickenor removed from the ballot except on death of a candidate or by courtorder.
4. In lieu of causing legal notice to be published in accordance withany of the provisions of this chapter, the election authority injurisdictions which have less than seven hundred fifty registered votersand in which no newspaper qualified pursuant to chapter 493, RSMo, ispublished, may cause legal notice to be mailed during the second week priorto the election, by first class mail, to each registered voter at thevoter's voting address. All such legal notices shall include the date andtime of the election, the location of the polling place, the name of theofficer or agency calling the election and a sample ballot.
5. If the opening date for filing a declaration of candidacy for anyoffice in a political subdivision or special district is not required bylaw or charter, the opening filing date shall be 8:00 a.m., the sixteenthTuesday prior to the election, except that for any home rule city with morethan four hundred thousand inhabitants and located in more than one countyand any political subdivision or special district located in such city, theopening filing date shall be 8:00 a.m., the fifteenth Tuesday prior to theelection. If the closing date for filing a declaration of candidacy forany office in a political subdivision or special district is not requiredby law or charter, the closing filing date shall be 5:00 p.m., the eleventhTuesday prior to the election. The political subdivision or specialdistrict calling an election shall, before the sixteenth Tuesday, or thefifteenth Tuesday for any home rule city with more than four hundredthousand inhabitants and located in more than one county or any politicalsubdivision or special district located in such city, prior to any electionat which offices are to be filled, notify the general public of the openingfiling date, the office or offices to be filled, the proper place forfiling and the closing filing date of the election. Such notification maybe accomplished by legal notice published in at least one newspaper ofgeneral circulation in the political subdivision or special district.
6. 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 thecandidate agrees to pay any printing or reprinting costs, a candidate whohas filed for an office or who has been duly nominated for an office may,at any time after the certification required in section 115.125 but nolater than 5:00 p.m. on the sixth Tuesday before the election, withdraw asa candidate pursuant to a court order, which, except for good cause shownby the election authority in opposition thereto, shall be freely given uponapplication by the candidate to the circuit court of the area of suchcandidate's residence.
(L. 1977 H.B. 101 § 6.015, A.L. 1978 H.B. 971, A.L. 1979 S.B. 275, A.L. 1982 S.B. 526, A.L. 1983 H.B. 713 Revision merged with S.B. 234, A.L. 1988 H.B. 933, et al., A.L. 1989 H.B. 316, A.L. 1993 S.B. 31, A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B. 132, A.L. 2002 S.B. 675, A.L. 2003 H.B. 511 merged with S.B. 136)