Missouri State Senate

House Committee Substitute

HCS/SB 282 - This act modifies numerous laws relating to elections and public contracts.

State agencies shall not contract with entities that have violated any election, tax, or immigration laws.

County clerks are required to be residents of the county in which they are elected at least one year prior to the election instead of six months.

County collectors are required to be 21 years old, 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.

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.

Currently, the county commission is required to appoint an interim treasurer in the event of a vacancy of the office except in counties with a charter form of government. This act creates the same exception for counties having a township form of government for the office of collector-treasurer.

Third class cities are allowed to eliminate primary elections for mayor and councilmen offices.

Under current law, the county clerk or the board of election commissioners is the election authority. This act designates the director of elections as the election authority in charter counties that do not have a board of election commissioners or a county clerk.

The date of the presidential primary is moved from the first Tuesday after the first Monday in February to the first Tuesday after the first Monday in November.

The first Tuesday after the first Monday in February and June are no longer available as dates for public elections.

Currently, elections are not required to be held in nonpartisan elections in political subdivisions and special districts when the number of candidates equals the number of positions to be filled except in municipal elections. This act modifies that exception to only include municipal elections in cities, towns, or villages with more than 35,000 inhabitants. Election authorities are required to publish notice including the names of officials to be seated by April 1 of each year in at least one newspaper of general circulation in the political subdivision or district when those elections are not held.

The filing period for offices filled by elections on the general municipal election day shall be between the first Tuesday in December of the year prior to the election and the first Tuesday after the first Monday in January of the election year. Elections in counties with a charter form of government, except Jefferson county, are excluded from this provision.

Election authorities may use electronic voter identification systems or an electronic signature pad to verify a voter's address, registration status, and signature information at a polling place. The system shall be able to read information from drivers and non-drivers licenses and allow an election authority to manually enter voter information.

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.

The act repeals the requirement that the petition to form the new party must contain, if presidential electors are to be nominated by petition, the name of at least one qualified resident in each congressional district to be a nominee for presidential elector. Alternatively, this information will be provided when filing the respective declarations of candidacy.

Candidates for public office (with the exception of those in special districts, townships, cities, towns, or villages) are required to declare under penalty of perjury that they are not aware of any information that would prohibit the candidate from fulfilling any bonding requirements. Such individuals filing for an election with a bonding requirement shall file an affidavit from a surety company indicating that the candidate meets the bonding requirements for the office with the department of revenue.

When certifying presidential and vice presidential nominees and requesting that such nominees be placed on the ballot, the state committees of each political party shall provide verifiable evidence of identity and proof of natural born citizenship.

Currently, candidates who are defeated by less than 1% and persons whose position on a question was defeated by less than 1% have the right to a recount. This act reduces those thresholds to less than ½ of 1%.

Discouraging, hampering, pressuring, or attempting to prevent another from filing for public office for the purpose of eliminating the requirement to hold special elections in certain instances is established as a class 4 election offense.

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 SCS/SB 84 (2005), SB 726 (2006), SB 138 (2007), SB 797 (2008), SB 70 (2009), SB 266 (2011), SB 292 (2011), SB 226 (2011), HB 187 (2011), HB 796 (2011), and HB 217 (2011).

CHRIS HOGERTY

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