115.361. Filing to be reopened, when--death of incumbent candidate to create vacancy on ballot, when.
Filing to be reopened, when--death of incumbent candidate to createvacancy on ballot, when.
115.361. 1. Except as provided in subsections 2 and 3 of thissection, if a candidate for nomination to an office in which the candidateis the incumbent or the only candidate dies, withdraws as provided insubsection 1 or 2 of section 115.359, or is disqualified after 5:00 p.m. onthe last day in which a person may file as a candidate for nomination, andat or before 5:00 p.m. on the eighth Tuesday prior to any primary election,or if any candidate for the position of political party committeeman orcommitteewoman dies or withdraws as provided in subsection 1 or 2 ofsection 115.359, or is disqualified after 5:00 p.m. on the last day inwhich a person may file as a candidate for nomination, and at or before5:00 p.m. on the eighth Tuesday prior to any primary election, leaving lesscandidates for the available committee positions than the number ofavailable committee positions, filing for the office or position shall bereopened for a period of five working days, excluding holidays andweekends, following the death, withdrawal or disqualification during whichperiod new candidates may file declarations of candidacy.
2. If a candidate for nomination to an office in which the candidateis the only candidate dies, withdraws as provided in subsection 1 or 2 ofsection 115.359, or is disqualified after 5:00 p.m. on the sixth Tuesdayprior to the primary election, the election and canvass shall not proceed,and a vacancy shall exist on the general election ballot to be filled inthe manner provided in sections 115.363 to 115.377.
3. If a candidate for the position of political party committeeman orcommitteewoman becomes disqualified after the eighth Tuesday prior to theprimary election, the election and canvass shall proceed, and thedisqualified candidate's name shall be physically eradicated from theballot so that no vote may be cast for that candidate.
4. If after filing a declaration of candidacy, a candidate files astatement of withdrawal within two working days prior to the deadline forthe close of filing set forth in section 115.349, the time of filing forthat office shall be extended until 5:00 p.m. of the first Friday followingthe deadline for the close of filing set forth in section 115.349.
(L. 1977 H.B. 101 § 10.123, A.L. 1979 S.B. 275, A.L. 1993 S.B. 31, A.L. 1995 H.B. 484, et al., A.L. 1997 S.B. 132)