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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 1094
103RD GENERAL ASSEMBLY
4171S.03C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 108.240 and 115.127, RSMo, and to enact in lieu thereof two new sections
relating to elections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 108.240 and 115.127, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 108.240 and 115.127, to read as follows:3
108.240. 1. Before any general obligation bearer bond 1
or general obligation registered bond, hereafter issued by 2
any county, township, city, town, village or school district 3
or special road district or fire protection district or by 4
virtue of the provisions of chapters 243, 245, 248, and 5
sections 242.010 to 242.690 for any purpose whatever, shall 6
obtain validity or be negotiated: 7
(1) If such bonds are in bearer form, such bonds shall 8
first be presented to the state auditor, who, other 9
provisions of law notwithstanding, shall certify by manual 10
or facsimile endorsement of such bonds that all conditions 11
of the laws have been complied with in its issue, if that be 12
the case, and also that the conditions of the contract, 13
under which they were ordered to be issued, have also been 14
complied with and the evidence of that fact shall be filed 15
and preserved by the auditor. The state auditor may endorse 16
bearer bonds with the auditor's facsimile signature in lieu 17
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of manual signature after filing the auditor's manual 18
signature, certified by the auditor under oath, with the 19
secretary of state; and 20
(2) If such bonds are in registered form, the 21
proceedings relating to the issuance of such registered 22
bonds shall first be presented to the state auditor, who 23
shall examine the same and shall issue a certificate that 24
such proceedings comply with all conditions of the laws, if 25
that be the case, and also that the conditions of the 26
contract, under which they were ordered to be issued, have 27
also been complied with, and the evidence of these facts 28
shall be filed and preserved by the auditor. The state 29
auditor shall also maintain the following information: the 30
name of the issuer of the bonds; the amount thereof; the 31
maturity dates thereof; the interest rates thereon; and the 32
provisions with respect to prepayment, if any. 33
2. Such bearer bonds after receiving the said 34
certificate of the auditor as herein provided and such 35
registered bonds after the issuance of the said certificate 36
as herein provided shall thereafter be held in every action, 37
suit or proceeding in which their validity is, or may be, 38
brought into question, prima facie, valid and binding 39
obligations, and in every action brought to enforce 40
collection of such bonds, the certificate of such auditor, 41
or a duly certified copy thereof, shall be admitted and 42
received in evidence of the validity of such bonds, together 43
with the coupons thereto attached if any; provided, the only 44
defense which can be offered against the validity of such 45
bonds shall be for forgery or fraud. But this section shall 46
not be construed to give validity to any such bonds as may 47
be issued in excess of the limit fixed by the constitution, 48
or contrary to its provisions, but all such bonds shall, to 49
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the extent of such excess, be held void; and provided 50
further, that the remedy of injunction shall also lie at the 51
instance of any taxpayer of the respective county, city, 52
town, village, township or school district or special road 53
district or fire protection district or drainage district or 54
levy district to prevent the registration of any bonds, 55
alleged to be illegally issued or funded. 56
3. For purposes of subsection 1 of this section, once 57
the time period set forth in section 115.557 has expired, if 58
no election contest has been brought, all conditions of 59
chapter 115 shall be deemed as having been complied with in 60
the issuance of the bond. 61
115.127. 1. Except as provided in subsection 4 of 1
this section, upon receipt of notice of a special election 2
to fill a vacancy submitted pursuant to subsection 2 of 3
section 115.125, the election authority shall cause legal 4
notice of the special election to be published in a 5
newspaper of general circulation in its jurisdiction. The 6
notice shall include the name of the officer or agency 7
calling the election, the date and time of the election, the 8
name of the office to be filled and the date by which 9
candidates must be selected or filed for the office. Within 10
one week prior to each special election to fill a vacancy 11
held in its jurisdiction, the election authority shall cause 12
legal notice of the election to be published in two 13
newspapers of different political faith and general 14
circulation in the jurisdiction. The legal notice shall 15
include the date and time of the election, the name of the 16
officer or agency calling the election and a sample ballot. 17
If there is only one newspaper of general circulation in the 18
jurisdiction, the notice shall be published in the newspaper 19
within one week prior to the election. If there are two or 20
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more newspapers of general circulation in the jurisdiction, 21
but no two of opposite political faith, the notice shall be 22
published in any two of the newspapers within one week prior 23
to the election. 24
2. Except as provided in subsections 1 and 4 of this 25
section and in sections 115.521, 115.549 and 115.593, the 26
election authority shall cause legal notice of each election 27
held in its jurisdiction to be published. The notice shall 28
be published in two newspapers of different political faith 29
and qualified pursuant to chapter 493 which are published 30
within the bounds of the area holding the election. If 31
there is only one so-qualified newspaper, then notice shall 32
be published in only one newspaper. If there is no 33
newspaper published within the bounds of the election area, 34
then the notice shall be published in two qualified 35
newspapers of different political faith serving the area. 36
Notice shall be published twice[, the first publication 37
occurring in the second week prior to the election, and the 38
second publication occurring] within [one week] six weeks 39
prior to the election. Each such legal notice shall include 40
the date and time of the election, the name of the officer 41
or agency calling the election and a sample ballot; and, 42
unless notice has been given as provided by section 115.129, 43
the second publication of notice of the election shall 44
include the location of polling places. The election 45
authority may provide any additional notice of the election 46
it deems desirable. 47
3. The election authority shall print the official 48
ballot as the same appears on the sample ballot, and no 49
candidate's name or ballot issue which appears on the sample 50
ballot or official printed ballot shall be stricken or 51
removed from the ballot except on death of a candidate or by 52
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court order, but in no event shall a candidate or issue be 53
stricken or removed from the ballot less than eight weeks 54
before the date of the election. 55
4. In lieu of causing legal notice to be published 56
twice in accordance with any of the provisions of this 57
chapter, the election authority [in jurisdictions which have 58
less than seven hundred fifty registered voters and in which 59
no newspaper qualified pursuant to chapter 493 is 60
published,] may cause legal notice to be mailed [during the 61
second week prior to the election, by first class mail,] 62
within six weeks prior to the election to each registered 63
voter at the voter's voting address and published once in 64
one or more newspapers in the county. An election authority 65
may exclude from this mailing any voter that is designated 66
as an inactive voter pursuant to section 115.193. All such 67
legal notices shall include the date and time of the 68
election, the location of the polling place, the name of the 69
officer or agency calling the election and a sample ballot. 70
5. If the opening date for filing a declaration of 71
candidacy for any office in a political subdivision or 72
special district is not required by law or charter, the 73
opening filing date shall be 8:00 a.m., the seventeenth 74
Tuesday prior to the election. If the closing date for 75
filing a declaration of candidacy for any office in a 76
political subdivision or special district is not required by 77
law or charter, the closing filing date shall be 5:00 p.m., 78
the fourteenth Tuesday prior to the election. The political 79
subdivision or special district calling an election shall, 80
before the seventeenth Tuesday, prior to any election at 81
which offices are to be filled, notify the general public of 82
the opening filing date, the office or offices to be filled, 83
the proper place for filing and the closing filing date of 84
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the election. Such notification may be accomplished by 85
legal notice published in at least one newspaper of general 86
circulation in the political subdivision or special district. 87
6. Except as provided for in sections 115.247 and 88
115.359, if there is no additional cost for the printing or 89
reprinting of ballots or if the candidate agrees to pay any 90
printing or reprinting costs, a candidate who has filed for 91
an office or who has been duly nominated for an office may, 92
at any time after the certification of the notice of 93
election required in subsection 1 of section 115.125 but no 94
later than 5:00 p.m. on the eighth Tuesday before the 95
election, withdraw as a candidate pursuant to a court order, 96
which, except for good cause shown by the election authority 97
in opposition thereto, shall be freely given upon 98
application by the candidate to the circuit court of the 99
area of such candidate's residence. 100
✓