198.280. Election districts--election of directors--terms--qualifications--declaration of candidacy--appointed if no candidate--no election required when.
Election districts--election ofdirectors--terms--qualifications--declaration ofcandidacy--appointed if no candidate--no election required when.
198.280. 1. After the nursing home district has been declaredorganized, the declaring county commission shall either:
(1) Divide the district into six election districts as equal inpopulation as possible, and shall by lot number the districts from one tosix, inclusive. The county commission shall cause an election to be heldin the nursing home district within ninety days after the orderestablishing the nursing home district to elect nursing home districtdirectors. The election shall be called, held and conducted and noticeshall be given as provided in sections 198.240 to 198.270, and each votershall vote for the director from his or her district; or
(2) Cause an election to be held in the nursing home district withinninety days after the order establishing the nursing home district to electsix at-large nursing home district directors. The election shall becalled, held and conducted and notice shall be given as provided insections 198.240 to 198.270.After August 28, 1994, directors shall be elected for a term of threeyears. The first director whose term expires after August 28, 1994, shallcontinue to hold office until the expiration of the term of the seconddirector whose term expires after August 28, 1994, at which time both suchdirectors shall be elected for a term of three years. The third directorwhose term expires after August 28, 1994, shall continue to hold officeuntil the expiration of the term of the fourth director whose term expiresafter August 28, 1994, at which time both such directors shall be electedfor a term of three years. The fifth director whose term expires afterAugust 28, 1994, shall continue to hold office until the expiration of theterm of the sixth director whose term expires after August 28, 1994, atwhich time both such directors shall be elected for a term of three years.All directors shall serve until their successors are elected and qualified.If a vacancy occurs, the board shall select a successor who shall serveuntil the next regular election of a director is to be held in that nursinghome or election district. If no candidate files a declaration ofcandidacy for a nursing home or election district, a majority of the boardof directors may, after the election in that nursing home or electiondistrict would have regularly been held, appoint any resident of thenursing home district who otherwise qualifies pursuant to subsection 3 ofthis section to fill that vacancy.
2. Following the initial election establishing the nursing homedistrict board of directors pursuant to subsection 1 of this section, thecircuit court may choose to elect the board of directors at large.
3. Candidates for director of the nursing home district shall becitizens of the United States, resident taxpayers of the nursing homedistrict who have resided within the state for one year next preceding theelection and who are at least twenty-four years of age. All candidatesshall file their declarations of candidacy with the county commissioncalling the election at least twenty days prior to the special election.
4. Notwithstanding any other provisions of law to the contrary, ifthe number of candidates for the office of director is equal to the numberof directors to be elected, no election shall be held, and the candidatesshall assume the responsibility of their offices at the same time and inthe same manner as if they have been elected; however, if any vacancies arecreated after local certification and prior to the deadline provided insubdivision (4) of section 115.453, RSMo, which cause the number of filedcandidates to be less than the number of vacancies to be filled, anelection shall be held, and write-in candidates for such positions shall beeligible as otherwise provided by law.
(L. 1963 p. 368 § 10, A.L. 1978 H.B. 971, H.B. 1208, A.L. 1982 S.B. 526, A.L. 1986 S.B. 527, A.L. 1994 H.B. 1221, A.L. 2001 H.B. 881)