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SECOND REGULAR SESSION
HOUSE BILL NO. 2053
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE TERR Y .
4130H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapters 78, 79, and 80, RSMo, by adding thereto nine new sections relating to
recalls of elected city of ficials.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 78, 79, and 80, RSMo, are amended by adding thereto nine new
2 sections, to be known as sections 78.650, 78.655, 78.660, 79.650, 79.655, 79.660, 80.562,
3 80.564, and 80.566, to read as follows:
78.650. 1. The holder of any elective office in a city of the third classification
2 with an optional form of government organized under this chapter may be rem oved by
3 the qualified voters of such city by recal l petition in accordance with the pr ocedur e set
4 out in sections 78.650 to 78.660 subject to the following limitations:
5 (1) The officer has held office for at least six months;
6 (2) Mor e than one r ecall petition may be filed for each officer but not less than
7 six months after voter disappr oval of the officer's most recen t recall petition; and
8 (3) The reca lled officer shall not be a candidate for a special election held to fill
9 the vacancy cr eated by such officer's reca ll, nor shall such r ecalled officer be appointed
10 by the appointing authority to fill the vacancy .
11 2. (1) A petition demanding the reca ll of an individual fr om elective office shall
12 be signed by voters entitled to vote for a successor to the incumbent sought to be
13 r ecalled, equal in number to at least twenty-five per cent of the total number of
14 r egister ed voters in such city eligible to vote for such successor . The signatur es to the
15 petition need not all be appended to one paper but each signer shall include with the
16 signatur e the street and number of the signer's place of r esidence and the date signed.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (2) Such petition for reca ll shall be filed with the election authority of the county
18 in which the city is located within sixty days after the date of the earliest signature on
19 the petition.
20 (3) One of the signers of each such petition shall swear or affirm before an
21 officer competent to administer oaths that the statements made in the petition ar e true
22 as such signer believes and that each signatur e appended to the petition is the genuine
23 signatur e of the individual whose name such signature purports to be.
24 (4) Such petition shall contain a statement of the reas ons for which recal l is
25 sought, which shall not be mor e than two hundre d words in length. The authorized
26 r easons for recall are misconduct in office, incompetence, or failur e to perform duties
27 pr escribed by law .
78.655. 1. W ithin ten days after the date of filing such reca ll petition, the election
2 authority of the county in which such city is located shall examine and ascertain fr om
3 the voters' regist er whether the petition is signed by the req uisite number of voters. If
4 necessary , the board of alders shall allow the election authority extra help for such
5 purpose. The election authority shall attach the election authority's certificate showing
6 the res ult of the examination to the petition.
7 2. If, by the election authority's certificate, the petition is shown to be
8 insufficient, the petition may be amended within ten days after the date of the
9 certificate. The election authority shall, within ten days after such amendment, conduct
10 a similar examination of the amended petition. If the election authority certifies that the
11 amended petition is insufficient, the petition shall be ret urned to the individual filing the
12 petition, without prej udice to the filing of a new petition to the same effect.
13 3. If the petition is deemed to be sufficient, the election authority shall submit the
14 petition to the board of alders without delay , and the board of alders shall order the
15 question to be submitted to the voters of the city .
78.660. 1. A special election shall be held on the r ecall petition as soon as
2 practicable and as may be determined by the election authority .
3 2. The question to be submitted to the voters at such election shall be in
4 substantially the following form:
5 FOR the rem oval of ______ (name of officer) fr om the
6 office of ______ (title of office)
7 AGAINST the rem oval of ______ (name of officer) fr om
8 the office of ______ (title of office)
9 3. If a majority of the qualified electors voting on the question at such election
10 vote for the rem oval of such officer , a vacancy shall exist in such office. If a majority of
11 the qualified electors voting on the question at such election vote against the rem oval of
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12 such officer , such officer shall continue to serve during the term for which such officer is
13 elected.
79.650. 1. The holder of any elective office in a city of the fourth classification
2 may be rem oved by the qualified voters of such city by reca ll petition in accordance with
3 the pro cedure set out in sections 79.650 to 79.660 subject to the following limitations:
4 (1) The officer has held office for at least six months;
5 (2) In the case of an office for a term of two years only , one r ecall petition may be
6 filed during such term;
7 (3) For a term of office mor e than two years, additional reca ll petitions may be
8 filed but not less than six months after voter disappr oval of the officer's most recent
9 r ecall petition; and
10 (4) The reca lled officer shall not be a candidate for a special election held to fill
11 the vacancy cr eated by such officer's reca ll, nor shall such r ecalled officer be appointed
12 by the appointing authority to fill the vacancy .
13 2. (1) A petition demanding the reca ll of an individual fr om elective office shall
14 be signed by voters entitled to vote for a successor to the incumbent sought to be
15 r ecalled, equal in number to at least twenty-five per cent of the total number of
16 r egister ed voters in such city eligible to vote for such successor . The signatur es to the
17 petition need not all be appended to one paper but each signer shall include with the
18 signatur e the street and number of the signer's place of r esidence and the date signed.
19 (2) Such petition for reca ll shall be filed with the election authority of the county
20 in which the city is located within sixty days after the date of the earliest signature on
21 the petition.
22 (3) One of the signers of each such petition shall swear or affirm before an
23 officer competent to administer oaths that the statements made in the petition ar e true
24 as such signer believes and that each signatur e appended to the petition is the genuine
25 signatur e of the individual whose name such signature purports to be.
26 (4) Such petition shall contain a statement of the reas ons for which recal l is
27 sought, which shall not be mor e than two hundre d words in length. The authorized
28 r easons for recall are misconduct in office, incompetence, or failur e to perform duties
29 pr escribed by law .
79.655. 1. W ithin ten days after the date of filing such reca ll petition, the election
2 authority of the county in which such city is located shall examine and ascertain fr om
3 the voters' regist er whether the petition is signed by the req uisite number of voters. If
4 necessary , the board of alders shall allow the election authority extra help for such
5 purpose. The election authority shall attach the election authority's certificate showing
6 the res ult of the examination to the petition.
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7 2. If, by the election authority's certificate, the petition is shown to be
8 insufficient, the petition may be amended within ten days after the date of the
9 certificate. The election authority shall, within ten days after such amendment, conduct
10 a similar examination of the amended petition. If the election authority certifies that the
11 amended petition is insufficient, the petition shall be ret urned to the individual filing the
12 petition, without prej udice to the filing of a new petition to the same effect.
13 3. If the petition is deemed to be sufficient, the election authority shall submit the
14 petition to the board of alders without delay , and the board of alders shall order the
15 question to be submitted to the voters of the city .
79.660. 1. A special election shall be held on the r ecall petition as soon as
2 practicable and as may be determined by the election authority .
3 2. The question to be submitted to the voters at such election shall be in
4 substantially the following form:
5 FOR the rem oval of ______ (name of officer) fr om the
6 office of ______ (title of office)
7 AGAINST the rem oval of ______ (name of officer) fr om
8 the office of ______ (title of office)
9 3. If a majority of the qualified electors voting on the question at such election
10 vote for the rem oval of such officer , a vacancy shall exist in such office. If a majority of
11 the qualified electors voting on the question at such election vote against the rem oval of
12 such officer , such officer shall continue to serve during the term for which such officer is
13 elected.
80.562. 1. The holder of any elective office in a village may be rem oved by the
2 qualified voters of such village by recall petition in accordance with the pr ocedur e set
3 out in sections 80.562 to 80.566 subject to the following limitations:
4 (1) The officer has held office for at least six months;
5 (2) Mor e than one r ecall petition may be filed for each officer but not less than
6 six months after voter disappr oval of the officer's most recen t recall petition; and
7 (3) The reca lled officer shall not be a candidate for a special election held to fill
8 the vacancy cr eated by such officer's reca ll, nor shall such r ecalled officer be appointed
9 by the appointing authority to fill the vacancy .
10 2. (1) A petition demanding the reca ll of an individual fr om elective office shall
11 be signed by voters entitled to vote for a successor to the incumbent sought to be
12 r ecalled, equal in number to at least twenty-five per cent of the total number of
13 r egister ed voters in such village eligible to vote for such successor . The signatures to the
14 petition need not all be appended to one paper but each signer shall include with the
15 signatur e the street and number of the signer's place of r esidence and the date signed.
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16 (2) Such petition for reca ll shall be filed with the election authority of the county
17 in which the village is located within sixty days after the date of the earliest signature on
18 the petition.
19 (3) One of the signers of each such petition shall swear or affirm before an
20 officer competent to administer oaths that the statements made in the petition ar e true
21 as such signer believes and that each signatur e appended to the petition is the genuine
22 signatur e of the individual whose name such signature purports to be.
23 (4) Such petition shall contain a statement of the reas ons for which recal l is
24 sought, which shall not be mor e than two hundre d words in length. The authorized
25 r easons for recall are misconduct in office, incompetence, or failur e to perform duties
26 pr escribed by law .
80.564. 1. W ithin ten days after the date of filing such reca ll petition, the election
2 authority of the county in which such village is located shall examine and ascertain fr om
3 the voters' regist er whether the petition is signed by the req uisite number of voters. If
4 necessary , the board of trustees shall allow the election authority extra help for such
5 purpose. The election authority shall attach the election authority's certificate showing
6 the res ult of the examination to the petition.
7 2. If, by the election authority's certificate, the petition is shown to be
8 insufficient, the petition may be amended within ten days after the date of the
9 certificate. The election authority shall, within ten days after such amendment, conduct
10 a similar examination of the amended petition. If the election authority certifies that the
11 amended petition is insufficient, the petition shall be ret urned to the individual filing the
12 petition, without prej udice to the filing of a new petition to the same effect.
13 3. If the petition is deemed to be sufficient, the election authority shall submit the
14 petition to the board of trustees without delay , and the board of trustees shall order the
15 question to be submitted to the voters of the village.
80.566. 1. A special election shall be held on the r ecall petition as soon as
2 practicable and as may be determined by the election authority .
3 2. The question to be submitted to the voters at such election shall be in
4 substantially the following form:
5 FOR the rem oval of ______ (name of officer) fr om the
6 office of ______ (title of office)
7 AGAINST the rem oval of ______ (name of officer) fr om
8 the office of ______ (title of office)
9 3. If a majority of the qualified electors voting on the question at such election
10 vote for the rem oval of such officer , a vacancy shall exist in such office. If a majority of
11 the qualified electors voting on the question at such election vote against the rem oval of
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12 such officer , such officer shall continue to serve during the term for which such officer is
13 elected.
✔
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