SB 270 Modifies various provisions relating to public elections
Sponsor: Kraus
LR Number: 1258L.05C Fiscal Note: 1258-05A.ORG
Committee: Financial and Governmental Organizations and Elections
Last Action: 5/13/2011 - In Conference--SCS for SB 270-Kraus, with HCS, as amended (Senate defeated CCR) Journal Page:
Title: HCS SCS SB 270 Calendar Position: 14
Effective Date: August 28, 2011
House Handler: Dugger

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Current Bill Summary


HCS/SCS/SB 270 - Currently, the Governor has statutory authority to fill vacancies until successors are elected for the office of United States Senator; various state and county offices filled by election; circuit attorney, prosecuting attorney, and assistant prosecuting attorney offices; and all statewide offices excluding Lieutenant Governor. This act requires the Governor to fill all vacated statewide offices and the office of United States Senator by special election for the remainder of each respective term.

In the case of vacancies for Lieutenant Governor, Secretary of State, and Treasurer, the Governor shall take charge of the vacated office and superintend business until the successor is elected by special election. In the case of a vacancy in the office of Auditor and Attorney General, the Governor shall appoint an acting Auditor and Attorney General who shall take charge of the vacated office and superintend business until the successor is elected by special election.

If the Lieutenant Governor, Attorney General, Auditor, or Treasurer are impeached, such individuals shall be suspended until the impeachment is determined. If convicted, the Governor shall fill the vacancy by special election. Currently, in the case of the impeachment of the Secretary of State, the office shall be filled by appointment until impeachment is determined. If convicted, the Governor shall then fill the vacancy by special election.

County collector-treasurers are required to be 21 years old, registered voters, current in the payment of all state income and personal and real property taxes, a resident of the county in which he or she is a candidate for at least one year prior to the election and remain a resident of the county in which he or she is elected throughout his or her term of office. Candidates for such office are required to present the election authority with a signed affidavit from a surety company indicating that the candidate meets the statutory bond requirements for the office. Collector-treasurers shall have the sole authority to appoint deputies.

This act removes the first Tuesday after the first Monday in June as a date available for public elections.

This act removes a provision that requires ballots of deceased absentee voters to be rejected when sufficient evidence is shown to the election authority that the voter has died prior to the opening of the polls on election day.

Each member of an ambulance district board of directors shall be subject to recall from office by the registered voters of the election district from which he or she was elected. Proceedings for the recall are commenced by the filing of a notice of intention to circulate a recall petition.

The notice must be served personally, or by certified mail, on the board member and filed with the election authority. A separate notice is needed for each member sought to be recalled and must contain information explaining the reason for the recall. It must list at least one but not more than five proponents of the recall.

Within seven days, the board member may file a statement answering the statement of the proponents. The answer must be served on at least one proponent. The statement and answer are for the voters' informational purposes only.

A member cannot be recalled if he or she: 1) has not held office during the current term for more than 180 days; 2) has 180 days or less remaining on his or her current term; or 3) has had a recall election determined in his or her favor within the current term.

The person circulating the petition must sign an affidavit verifying certain information. A recall petition must be filed with the election authority not more than 180 days after the filing of the notice of intention. The number of signatures needed shall equal at least 25% of the number of voters who voted in the most recent gubernatorial election in the election district.

The election authority has twenty days from the date of filing the petition to determine if enough voters signed the petition. It must file a certificate showing whether there are enough signatures. If the election authority certifies the petition does not have enough signatures, it may be supplemented within ten days of the date of certificate. The election authority must then certify the supplemented petition. If it is insufficient, no further action shall be taken.

If the petition is sufficient, the election authority shall submit its certificate to the board of directors and order an election within a certain amount of time. Nominations for board membership openings shall be made by filing a statement of candidacy with the election authority.

Any time prior to forty-two days before the election, the member sought to be recalled may offer his or her resignation and the recall question shall be removed from the ballot and the office declared vacant.

Party emblems shall not longer be printed on the ballot above the party caption.

This act is similar to SB 253 (2009), HB 681 (2009), HB 1497 (2010), HB 107 (2011), HCS/SB 282 (2011), and HB 54 (2011).

CHRIS HOGERTY

HA 1 - MOVES THE PRESIDENTIAL PREFERENCE PRIMARY FROM FEBRUARY TO MARCH.

HA 2 - ALLOWS THE BOARD OF DIRECTORS OF CERATIN PUBLIC LIBRARY DISTRICTS TO IMPOSE A RETAIL SALES TAX.

HA 3 - REMOVES A REQUIREMENT THAT CERTAIN OUT OF STATE COMMITTEES FILE A STATEMENT OF ORGANIZATION AND APPOINT A TREASURER RESIDING IN THE STATE AND OPEN A BANK ACCOUNT WITHIN THE STATE.

HA 4 - SETS THE AGE MINIMUM FOR MAYOR OF A THIRD CLASS CITY WITH A MANAGER FORM OF GOVERNMENT AT 24 YEARS.

HA 5 - ALLOWS THE SECRETARY OF STATE TO ENTER INTO AGREEMENTS WITH OTHER ORGANIZATIONS TO PRINT AND DISTRIBUTE COPIES OF THE OFFICIAL MANUAL, COMMONLY KNOWN AS THE BLUE BOOK.

HA 6 - ALLOWS ELECTION AUTHORITIES TO PROMULGATE RULES ESTABLISHING AN OPTION FOR VOTERS TO PROVIDE THEIR EMAIL ADDRESSES TO RECEIVE ELECTION INFORMATION.