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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 BILL NO. 1331
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
5310S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 28.190, 29.280, 30.060, 30.070, 105.030, and 105.050, RSMo, and to enact in
lieu thereof five new sections relating to elections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 28.190, 29.280, 30.060, 30.070, 1
105.030, and 105.050, RSMo, are repealed and five new sections 2
enacted in lieu thereof, to be known as sections 28.190, 30.060, 3
105.025, 105.030, and 105.050, to read as follows:4
28.190. In case of death, resignation, removal from 1
office, impeachment or vacancy from any cause in the office 2
of secretary of state, [the governor shall immediately 3
appoint a qualified person to fill such vacancy for the 4
remainder of the term in which such vacancy occurred and 5
until his successor is elected or appointed, commissioned 6
and qualified; and] the governor shall take charge of the 7
office and superintend its business until [such person is 8
appointed, commissioned and qualified; except that] a 9
successor is elected pursuant to section 105.025. In case 10
of impeachment, the governor shall appoint a qualified 11
person to serve only until such impeachment is determined, 12
when the suspended officer, if acquitted, shall be 13
reinstated in office, or if the suspended officer is 14
convicted, a [new appointment] writ of election shall be 15
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[made] issued by the governor [as in the case of other 16
vacancies] pursuant to section 105.025. 17
30.060. In case of death, resignation, removal from 1
office, impeachment or vacancy from any cause, in the office 2
of the state treasurer, the governor shall take charge of 3
such office and superintend the business thereof until a 4
successor is [appointed, commissioned and qualified except] 5
elected pursuant to section 105.025. In case of 6
impeachment, [when] no [appointment shall be made] writ of 7
election shall be issued until a determination of the matter 8
is had[, when,]. In the event of an acquittal, the 9
suspended officer shall be reinstated in office. In the 10
event of conviction, the governor shall issue a writ of 11
election pursuant to section 105.025. 12
105.025. Whenever any vacancy, caused in any manner or 1
by any means whatsoever, occurs or exists in the office of 2
lieutenant governor, secretary of state, state auditor, 3
state treasurer, or attorney general, the vacancy shall be 4
filled by special election. The governor shall, not later 5
than thirty days after receiving notice of the vacancy, 6
issue a writ of election to the secretary of state or, as 7
the case may be, the acting secretary of state in the event 8
of a vacancy in the office of secretary of state. The 9
special election shall be held not later than sixty days 10
after the issuance of the writ of election. 11
105.030. 1. Whenever any vacancy, caused in any 1
manner or by any means whatsoever, occurs or exists in any 2
state or county office originally filled by election of the 3
people, other than in the offices of [lieutenant governor,] 4
state senator or representative, sheriff, or recorder of 5
deeds in the City of St. Louis, the vacancy shall be filled 6
by appointment by the governor except that when a vacancy 7
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occurs in the office of county assessor after a general 8
election at which a person other than the incumbent has been 9
elected, the person so elected shall be appointed to fill 10
the remainder of the unexpired term; and the person 11
appointed after duly qualifying and entering upon the 12
discharge of his duties under the appointment shall continue 13
in office until the first Monday in January next following 14
the first ensuing general election, at which general 15
election a person shall be elected to fill the unexpired 16
portion of the term, or for the ensuing regular term, as the 17
case may be, and the person so elected shall enter upon the 18
discharge of the duties of the office the first Monday in 19
January next following his election, except that when the 20
term to be filled begins on any day other than the first 21
Monday in January, the appointee of the governor shall be 22
entitled to hold the office until such other date. 23
2. (1) Notwithstanding subsection 1 of this section 24
or any other provision of law to the contrary, when any 25
vacancy, caused in any manner or by any means whatsoever, 26
occurs or exists in any county office, the county commission 27
of all noncharter counties shall, no later than fourteen 28
days after the occurrence of the vacancy, fill the vacancy 29
by appointment, and the person so appointed by the county 30
commission, after duly qualifying and entering upon the 31
discharge of his or her duties under the appointment, shall 32
continue in office until the governor fills the vacancy by 33
appointment under subsection 1 of this section or until the 34
vacancy is filled by operation of another provision of law. 35
(2) In any county with only two county commissioners, 36
if the commissioners cannot agree upon an appointee, the two 37
remaining county commissioners and the presiding judge of 38
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the circuit court shall vote to make the appointment 39
required under subdivision (1) of this subsection. 40
3. The provisions of this section shall not apply to: 41
(1) Vacancies in county offices in any county which 42
has adopted a charter for its own government under [Section 43
18] Sections 18(a) to 18(r), Article VI of the Constitution; 44
[or] 45
(2) Vacancies in the office of any associate circuit 46
judge, circuit judge, circuit clerk, prosecuting attorney, 47
or circuit attorney; or 48
(3) Vacancies in the offices of lieutenant governor, 49
secretary of state, state auditor, state treasurer, or 50
attorney general. 51
4. Any vacancy in the office of recorder of deeds in 52
the City of St. Louis shall be filled by appointment by the 53
mayor of that city. 54
105.050. If any vacancy shall happen from any cause in 1
the office of the [attorney general,] circuit attorney, 2
prosecuting attorney or assistant prosecuting attorney, the 3
governor, upon being satisfied that such vacancy exists, 4
shall appoint some competent person to fill the same until 5
the next regular election for [attorney general,] 6
prosecuting attorney or assistant prosecuting attorney, as 7
the case may be; provided, in the case of a vacancy in the 8
office of prosecuting attorney, if there is no qualified 9
person in the county who can or will accept such 10
appointment, then the governor may appoint any person who 11
possesses all the qualifications set forth in section 12
56.010, except the qualification as to residence. 13
[29.280. When a vacancy occurs in the 1
office of state auditor the governor shall 2
immediately appoint an auditor to fill such 3
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vacancy for the residue of the term in which the 4
vacancy occurred, and until his successor is 5
elected or appointed, commissioned and 6
qualified.] 7
[30.070. When a vacancy occurs in the 1
office of state treasurer, the governor shall 2
immediately appoint a state treasurer to fill 3
such vacancy for the residue of the term in 4
which the vacancy occurred, and until his 5
successor is elected or appointed, commissioned 6
and qualified.] 7
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