|
SS/HB 1428 - This act modifies several provisions relating to vacancies in elected offices. COUNTY COMMISSIONER VACANCIES (Section 49.060) Currently, when there is a vacancy in the office of county commissioner, the Governor is required to fill such vacancy with a person who resides in the district at the time of vacancy. This act changes that process so that when there is less than one year remaining in the term, the vacancy shall be filled by appointment by the Governor within 60 days. If there is one year or more remaining in the term, the Governor shall appoint, within 60 days, an eligible person with the advice and consent of the Senate. A successor shall be chosen at the next general election. These procedures do not apply to charter counties. This provision is substantially similar to SB 665 (2018), HB 1442 (2018), the perfected SB 114 (2017), SB 701 (2016), SCS/SB 289 (2015), and HCS/HB 1632 (2016). VACANCIES FILLED BY COUNTY COMMISSION (Section 105.030) Under current law, whenever any vacancy occurs in any office filled by election, other than the offices of Lieutenant Governor, state senator, state representative, sheriff, or St. Louis City Recorder of Deeds, the Governor is responsible for appointing a successor until the next general election. This act adds a new provision permitting the county commission to appoint a person to the vacated office within 14 days of the vacancy. In the event that the county commission consists of two members who cannot come to an agreement on an appointee, the acting presiding commissioner shall fill the vacancy. Such appointees shall continue in office until the Governor appoints a person to serve out the remainder of the term. This provision does not apply to charter counties or to the offices of any associate circuit judge, circuit judge, circuit clerk, prosecuting attorney, or circuit attorney. This provision is substantially similar to a provision in SB 774 (2018). TIMING FOR PERSONS ELECTED TO FILL A VACANCY TO TAKE OFFICE (Section 105.030) Under current law, whenever there is a special election to fill a vacancy in a state or county elected office, the person elected will take office on the first Monday in January following the election, except if the term for the office to be filled begins on a date other than the first Monday in January, in which case the appointed person will stay in office until such other date. This act removes the exception such that a person elected at a special election to fill a vacancy in any state or county elected office shall always take office on the first Monday in January following the election. This provision does not apply to charter counties or to the offices of any associate circuit judge, circuit clerk, prosecuting attorney, or circuit attorney. This provision is substantially similar to a provision in SB 774 (2018). SCOTT SVAGERA
|
