115.385. Party emblem, when submitted to secretary of state.
Party emblem, when submitted to secretary of state.
115.385. 1. Not later than the twelfth Tuesday before an election atwhich the party's name will appear on the ballot, the state committee ofeach established statewide political party, the chairman of the county ordistrict committee of each political party established for a county ordistrict, and the provisional party chairman of each new party and group ofpetitioners shall select a party emblem and submit it in writing to thesecretary of state. No party shall submit the American flag as an emblem.Except as provided in subsections 2 and 3 of this section, no party shallsubmit any emblem deceptively similar to an emblem which has been used byany other party in the past five years or is the subject of a pendingcertification.
2. If a new party is formed for more than one district or county atthe same time, with the same name and the same provisional party chairman,the same party emblem may be submitted for the party in each such districtor county.
3. Any political party established in a district or county may, by amajority vote of its committee members, authorize the use of its emblem inother districts and counties, and in the state as a whole.
4. When a party emblem is properly submitted to the secretary ofstate, the secretary of state shall certify the emblem to the appropriateelection authorities when the secretary of state certifies the names ofcandidates pursuant to sections 115.387 and 115.401.
(L. 1977 H.B. 101 § 10.157, A.L. 1996 H.B. 1557 & 1489)Effective 6-13-96