115.379. Death of candidate after filing deadline and before election, procedure to be followed.
Death of candidate after filing deadline and before election,procedure to be followed.
115.379. 1. Whenever the only candidate of a party for nomination orelection to an office at a primary election, general election or specialelection to fill a vacancy dies after the filing deadline and before theelection, his name shall be printed on the primary, general or specialelection ballot, as the case may be, unless another candidate has filed forthe office pursuant to the provisions of section 115.361 or a new candidatehas been selected pursuant to the provisions of sections 115.363 to115.377. Whenever any other candidate for nomination or election to anoffice at a primary election, general election or special election to filla vacancy dies after 5:00 p.m. on the fourth Tuesday prior to the election,his name shall be printed on the primary, general or special electionballot, as the case may be. The election and canvass shall proceed, and,if a sufficient number of votes are cast for the deceased candidate toentitle the candidate to nomination or election had the candidate not died,a vacancy shall exist on the general election ballot or in the office to befilled in the manner provided by law.
2. Whenever a candidate for nomination or election to an office isdisqualified after 5:00 p.m. on the sixth Tuesday prior to a primaryelection, general election or special election to fill a vacancy, his nameshall be printed on the primary, general or special election ballot, as thecase may be. The election and canvass shall proceed, and, if a sufficientnumber of votes are cast for the disqualified candidate to entitle him tonomination or election had the candidate not become disqualified, a vacancyshall exist on the general election ballot or in the office to be filled inthe manner provided by law.
3. Except as provided in subsection 3 of section 115.359, subsection2 of section 115.361 and subsections 1 and 2 of this section, whenever acandidate for nomination or election to an office dies, withdraws or isdisqualified prior to a primary election, general election or specialelection to fill a vacancy, all appropriate election authorities shall seethat such candidate's name is removed from the primary, general or specialelection ballot, as the case may be.
(L. 1977 H.B. 101 § 10.145, A.L. 1997 S.B. 132)