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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. 1415
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
5969S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 115.353, 115.355, 115.365, 115.507, 115.511, 115.515, 115.517, 115.531,
115.555, 115.575, 115.603, 476.680, 478.010, 478.320, and 478.330, RSMo, and to
enact in lieu thereof fourteen new sections relating to the election of judges, with an
effective date.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.353, 115.355, 115.365, 115.507, 1
115.511, 115.515, 115.517, 115.531, 115.555, 115.575, 115.603, 2
476.680, 478.010, 478.320, and 478.330, RSMo, are repealed and 3
fourteen new sections enacted in lieu thereof, to be known as 4
sections 115.353, 115.355, 115.365, 115.507, 115.511, 115.515, 5
115.517, 115.531, 115.555, 115.575, 115.603, 478.010, 478.320, 6
and 478.330, to read as follows:7
115.353. All declarations of candidacy shall be filed 1
as follows: 2
(1) For presidential elector, United States senator, 3
representative in Congress, statewide office, circuit judge 4
[not subject to the provisions of Article V, Section 25 of 5
the Missouri Constitution], state senator, and state 6
representative, in the office of the secretary of state; 7
(2) For all county offices which for the purpose of 8
election procedures shall include associate circuit judges 9
[not subject to the provisions of Article V, Section 25 of 10
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the Missouri Constitution], in the office of the county 11
election authority; 12
(3) For all county offices, in the office of the 13
county election authority. In any county in which there are 14
two boards of election commissioners, the county clerk shall 15
be deemed to be the election authority for purposes of this 16
section. 17
115.355. 1. Except as provided in subsections 2 and 5 1
of this section and in section 115.377, each declaration of 2
candidacy for nomination in a primary election shall be 3
filed by the candidate in person in the office of the 4
appropriate election official. 5
2. A candidate may file his declaration of candidacy 6
by certified mail if he is: 7
(1) Unable to appear in person because of physical 8
disability, and the declaration is accompanied by a sworn 9
statement of a licensed physician so stating; or 10
(2) A member of the Armed Forces of the United States 11
on active duty, and the declaration is accompanied by a 12
sworn statement of the candidate's commanding officer so 13
stating. 14
3. Except as provided in section 115.377, no election 15
official shall accept for filing any declaration of 16
candidacy for nomination in a primary election not presented 17
to him by the candidate in person or which, if sent by 18
certified mail pursuant to subsection 2 of this section, is 19
not accompanied by the statement required in the same 20
subsection. 21
4. Election officials shall require proof of identity 22
of persons when filing declarations of candidacy in person 23
and when filing by mail as provided in subsection 2 or 5 of 24
this section. 25
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[5. Any judge seeking retention under Sections 25(a) 26
to 25(g) of Article V of the Missouri Constitution may file 27
his declaration of candidacy for election to succeed himself 28
by certified mail.] 29
115.365. 1. The nominating committee authorized to 1
select a candidate for nomination or election to office 2
pursuant to section 115.363 shall be one of the following: 3
(1) To select a candidate for county office, the 4
nominating committee shall be the county committee of the 5
party; 6
(2) To select a candidate for state representative, 7
the nominating committee shall be the legislative district 8
committee of the party; 9
(3) To select a candidate for state senator, the 10
nominating committee shall be the senatorial district 11
committee of the party; 12
(4) To select a candidate for circuit court judge [not 13
subject to the provisions of Article V, Section 25 of the 14
State Constitution], the nominating committee shall be the 15
judicial district committee of the party; 16
(5) To select a candidate for representative in 17
Congress, the nominating committee shall be the 18
congressional district committee of the party; 19
(6) To select a candidate for statewide office, the 20
nominating committee shall be the state committee of the 21
party. 22
2. After any decennial redistricting, the nominating 23
committee shall be composed from the new districts, and the 24
new district lines shall be used in the selection of a 25
candidate; provided, however, that members of nominating 26
committees for candidates for special elections to fill 27
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vacancies conducted pursuant to section 21.130 shall be from 28
the old districts. 29
115.507. 1. Not later than the second Tuesday after 1
the election, the verification board shall issue a statement 2
announcing the results of each election held within its 3
jurisdiction and shall certify the returns to each political 4
subdivision and special district submitting a candidate or 5
question at the election. The statement shall include a 6
categorization of the number of regular and absentee votes 7
cast in the election, and how those votes were cast; 8
provided however, that absentee votes shall not be reported 9
separately where such reporting would disclose how any 10
single voter cast his or her vote. When absentee votes are 11
not reported separately the statement shall include the 12
reason why such reporting did not occur. Nothing in this 13
section shall be construed to require the election authority 14
to tabulate absentee ballots by precinct on election night. 15
2. The verification board shall prepare the returns by 16
drawing an abstract of the votes cast for each candidate and 17
on each question submitted to a vote of people in its 18
jurisdiction by the state and by each political subdivision 19
and special district at the election. The abstract of votes 20
drawn by the verification board shall be the official 21
returns of the election. 22
3. Any home rule city with more than four hundred 23
thousand inhabitants and located in more than one county may 24
by ordinance designate one of the election authorities 25
situated partially or wholly within that home rule city to 26
be the verification board that shall certify the returns of 27
such city submitting a candidate or question at any election 28
and shall notify each verification board within the city of 29
that designation by providing each with a copy of such duly 30
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adopted ordinance. Not later than the second Tuesday after 31
any election in any city making such a designation, each 32
verification board within the city shall certify the returns 33
of such city submitting a candidate or question at the 34
election to the election authority so designated by the city 35
to be its verification board, and such election authority 36
shall announce the results of the election and certify the 37
cumulative returns to the city in conformance with 38
subsections 1 and 2 of this section not later than ten days 39
thereafter. 40
4. Not later than the second Tuesday after each 41
election at which the name of a candidate for nomination or 42
election to the office of president of the United States, 43
United States senator, representative in Congress, governor, 44
lieutenant governor, state senator, state representative, 45
judge of the circuit court, secretary of state, attorney 46
general, state treasurer, or state auditor, or at which an 47
initiative, referendum, or constitutional amendment [or 48
question of retaining a judge subject to the provisions of 49
Article V, Sections 25(a) to 25(g) of the State 50
Constitution,] appears on the ballot in a jurisdiction, the 51
election authority of the jurisdiction shall mail or deliver 52
to the secretary of state the abstract of the votes given in 53
its jurisdiction, by polling place or precinct, for each 54
such office and on each such question. If mailed, the 55
abstract shall be enclosed in a strong, sealed envelope or 56
envelopes. On the outside of each envelope shall be 57
printed: "Returns of election held in the county of ______ 58
(City of St. Louis, Kansas City) on the ______ day of 59
______, ______,", etc. 60
115.511. 1. The secretary of state shall convene the 1
board of state canvassers to total the abstracts of each 2
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primary election and the board shall, not later than two 3
weeks after receiving all required abstracts from the 4
primary election, issue a statement announcing the results 5
of the primary election for federal officers, governor, 6
lieutenant governor, state senators and representatives, 7
circuit judges, secretary of state, attorney general, state 8
treasurer, and state auditor. 9
2. The secretary of state shall convene the board of 10
state canvassers to total the abstracts of each general 11
election and the board shall, not later than the second 12
Tuesday in December following the general election, issue a 13
statement announcing the results of the general election for 14
federal officers, governor, lieutenant governor, state 15
senators and representatives, circuit judges, [appellate and 16
circuit judges subject to the provisions of Article V, 17
Section 25 of the State Constitution], secretary of state, 18
attorney general, state treasurer, and state auditor. 19
3. The secretary of state shall convene the board of 20
state canvassers to total the abstracts of each special 21
election at which the name of a candidate for nomination or 22
election to the office of United States senator, 23
representative in Congress, governor, lieutenant governor, 24
state senator, state representative, circuit judge [not 25
subject to the provisions of Article V, Section 25 of the 26
State Constitution], secretary of state, attorney general, 27
state treasurer, or state auditor, or at which an 28
initiative, referendum, or constitutional amendment appears 29
on the ballot, and the board shall, not later than two weeks 30
after receiving all required abstracts from the election, 31
issue a statement announcing the results of the election for 32
such office or on such question. 33
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115.515. 1. If two or more persons receive an equal 1
number of votes for nomination as a party's candidate for 2
any federal office, governor, lieutenant governor, secretary 3
of state, attorney general, state treasurer, state auditor, 4
circuit judge [not subject to the provisions of Article V, 5
Sections 25(a) to 25(g) of the State Constitution], state 6
senator, or state representative, and a higher number of 7
votes than any other candidate for the same office on the 8
same party ballot, the governor shall, immediately after the 9
results of the election have been announced, issue a 10
proclamation stating the fact and ordering a special primary 11
election to determine the party's nominee for the office. 12
The proclamation shall set the date of the election, which 13
shall be not less than fourteen or more than thirty days 14
after the proclamation is issued, and shall be sent by the 15
governor to each election authority responsible for 16
conducting the special primary election. In the 17
proclamation, the governor shall specify the name of each 18
candidate for the office to be voted on at the election, and 19
the special primary election shall be conducted and the 20
votes counted as in other primary elections. 21
2. If two or more persons receive an equal number of 22
votes for nomination as a party's candidate for any other 23
office, except party committeeman or committeewoman, and a 24
higher number of votes than any other candidate for the same 25
office on the same party ballot, the officer with whom such 26
candidates filed their declarations of candidacy shall, 27
immediately after the results of the election have been 28
certified, issue a proclamation stating the fact and 29
ordering a special primary election to determine the party's 30
nominee for the office. The proclamation shall set the date 31
of the election, which shall be not less than fourteen or 32
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more than thirty days after the proclamation is issued, and 33
shall be sent by the officer to each election authority 34
responsible for conducting the special primary election. In 35
the proclamation, the officer shall specify the name of each 36
candidate for the office to be voted on at the election, and 37
the special primary election shall be conducted and the 38
votes counted as in other primary elections. 39
3. As an alternative to the procedure prescribed in 40
subsections 1 and 2 of this section, if the candidates who 41
received an equal number of votes in such election agree to 42
the procedure prescribed in this subsection, the officer 43
with whom such candidates filed their declarations of 44
candidacy may, after notification of the time and place of 45
such drawing given to each such candidate at least five days 46
before such drawing, determine the winner of such election 47
by lot. Any candidate who received an equal number of votes 48
may decline to have his or her name put into such drawing. 49
115.517. 1. If two or more persons receive an equal 1
number of votes for election to the office of governor, 2
lieutenant governor, secretary of state, state auditor, 3
state treasurer or attorney general, and a higher number of 4
votes than any other candidate for the same office, the 5
secretary of state shall, immediately after the results of 6
the election have been announced, issue a proclamation 7
stating the fact, and the general assembly shall, by joint 8
vote and without delay at its next regular session, choose 9
one of such persons for the office. The speaker of the 10
house shall file a certificate declaring which person has 11
been elected to the office with the secretary of state. 12
2. If two or more persons receive an equal number of 13
votes for election to federal office, state senator, state 14
representative or circuit judge [not subject to the 15
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provisions of Article V, Section 25 of the State 16
Constitution], and a higher number of votes than any other 17
candidate for the same office, the governor shall, 18
immediately after the results of the election have been 19
announced, issue a proclamation stating the fact and 20
ordering a special election to determine which candidate is 21
elected to the office. The proclamation shall set the date 22
of the election and shall be sent by the governor to each 23
election authority responsible for conducting the special 24
election. In his proclamation, the governor shall specify 25
the name of each candidate for the office to be voted on at 26
the election, and the special election shall be conducted 27
and the votes counted as in other elections. 28
3. If two or more persons receive an equal number of 29
votes for nomination or election to any office not otherwise 30
provided for in section 115.515 or this section, and a 31
higher number of votes than any other candidate for 32
nomination or election to the same office, the officer with 33
whom such candidates filed their declarations of candidacy 34
shall, immediately after the results of the election have 35
been certified, issue a proclamation stating the fact and 36
ordering a special election to determine which candidate is 37
elected to the office. The proclamation shall set the date 38
of the election and shall be sent by the officer to each 39
election authority responsible for conducting the special 40
election. In his proclamation, the officer shall specify 41
the name of each candidate for the office to be voted on at 42
the election, and the special election shall be conducted 43
and the votes counted as in other elections. 44
4. As an alternative to the procedure prescribed in 45
subsections 1, 2, and 3 of this section, if the candidates 46
who received an equal number of votes in such election agree 47
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to the procedure prescribed in this subsection, the officer 48
with whom such candidates filed their declarations of 49
candidacy may, after notification of the time and place of 50
such drawing given to each such candidate at least five days 51
before such drawing, determine the winner of such election 52
by lot. Any candidate who received an equal number of votes 53
may decline to have his name put into such drawing. 54
115.531. 1. Not later than five days after the 1
official announcement of the results of a primary election 2
is issued by the election authority or the secretary of 3
state, as the case may be, any candidate desiring to contest 4
the primary election shall file a verified petition in the 5
office of the clerk of the circuit court of any circuit in 6
which part of the election was held and in which any alleged 7
irregularity occurred, unless the office involved in the 8
contest is that of a circuit or associate circuit judge [not 9
subject to Section 25, Article V, Constitution of Missouri], 10
in which case the verified petition shall be filed, heard, 11
and determined by an adjoining circuit court selected by the 12
contestant as specified in section 115.575. The contestant 13
shall only be required to file one petition with the circuit 14
court for each election contest regardless of the number of 15
counties within the court's jurisdiction. The petition 16
shall set forth the points on which the contestant wishes to 17
contest the election and the facts the contestant will prove 18
in support of such points, and shall pray leave to produce 19
such proof. The judge of the court shall immediately note 20
on the petition the date it was filed and shall immediately 21
set a date, not later than five days after the petition is 22
filed, for a preliminary hearing. If the petition is filed 23
in vacation, the judge of the circuit court shall 24
immediately convene the court in special session for the 25
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purpose of hearing the contest. If no regular judge of the 26
court is available the supreme court shall immediately 27
assign another judge. The circuit court in which the 28
petition is filed shall have exclusive jurisdiction over all 29
matters relating to the contest and may issue appropriate 30
orders to all election authorities in the area in which the 31
contested election was held. 32
2. If a petition contesting a primary election is 33
filed in an incorrect circuit, the court in which it is 34
filed shall have jurisdiction and shall promptly transfer 35
the suit to the correct circuit court. 36
115.555. All contested elections for the office of 1
governor, lieutenant governor, secretary of state, attorney 2
general, state treasurer, and state auditor shall be heard 3
and determined by the supreme court. Likewise, all contests 4
to the results of elections on constitutional amendments[,] 5
and on state statutes submitted or referred to the voters[, 6
and on questions relating to the retention of appellate and 7
circuit judges subject to Article V, Section 25 of the 8
State Constitution] shall be heard and determined by the 9
supreme court. 10
115.575. 1. Notwithstanding any provision of this 1
chapter to the contrary, all contested elections for the 2
office of circuit or associate circuit judge [not subject to 3
the provisions of Article V, Section 25 of the State 4
Constitution], whether contested on the basis of 5
qualification, irregularity, or other cause, or for recount 6
other than the automatic recount provided for in section 7
115.601, and whether in a primary or general election, shall 8
be filed in and heard and determined by an adjoining circuit 9
court selected by the contestant. 10
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2. All contested elections on any office or question 11
other than those provided for in sections 115.555, 115.563, 12
and subsection 1 of this section shall be heard and 13
determined by the circuit court of any circuit, selected by 14
the contestant, in which all or any part of the election was 15
held and in which any alleged irregularity occurred. The 16
contestant shall only be required to file one petition with 17
the circuit court for each election contest regardless of 18
the number of counties within the court's jurisdiction. 19
3. If a petition contesting any election is filed in 20
an incorrect circuit, the court in which it is filed shall 21
have jurisdiction and shall promptly transfer the suit to 22
the correct circuit court. 23
115.603. Each established political party shall have a 1
state committee, a congressional district committee for each 2
congressional district in the state, a judicial district 3
committee for each circuit judge district in the state [not 4
subject to the provisions of Article V, Section 25 of the 5
state Constitution], a senatorial district committee for 6
each senatorial district in the state, a legislative 7
district committee for each legislative district in the 8
state, and a county committee for each county in the state, 9
except any city not within a county which shall have a city 10
committee in lieu of a county committee. 11
478.010. 1. [Except as provided in Section 25 of 1
Article V of the Constitution of Missouri,] The circuit 2
judges of the various judicial circuits shall be elected at 3
the general elections as herein provided and at the general 4
election every six years thereafter, and shall enter upon 5
the duties of their office on the first day in January next 6
following their election; provided, however, that any terms 7
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commencing in 1981 and 1983 shall commence on the first 8
Monday in January. 9
2. The circuit judge of judicial circuit number one 10
shall be elected in 1980. 11
3. The circuit judge of judicial circuit number thirty- 12
six shall be elected in 1984. 13
4. The circuit judges of the remaining judicial 14
circuits, except those covered by sections 478.370 through 15
478.715, shall be elected in 1982. 16
478.320. 1. In counties having a population of thirty 1
thousand or less, there shall be one associate circuit 2
judge. In counties having a population of more than thirty 3
thousand and less than one hundred thousand, there shall be 4
two associate circuit judges. In counties having a 5
population of one hundred thousand or more, there shall be 6
three associate circuit judges and one additional associate 7
circuit judge for each additional one hundred thousand 8
inhabitants. 9
2. For purposes of this section, notwithstanding the 10
provisions of section 1.100, population of a county shall be 11
determined on the basis of the last previous decennial 12
census of the United States; and, beginning after 13
certification of the year 2000 decennial census, on the 14
basis of annual population estimates prepared by the United 15
States Bureau of the Census, provided that the number of 16
associate circuit judge positions in a county shall be 17
adjusted only after population estimates for three 18
consecutive years indicate population change in the county 19
to a level provided by subsection 1 of this section. 20
3. [Except in circuits where associate circuit judges 21
are selected under the provisions of Sections 25(a) to (g) 22
of Article V of the constitution,] The election of associate 23
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circuit judges shall in all respects be conducted as other 24
elections and the returns made as for other officers. 25
4. [In counties not subject to Sections 25(a) to (g) 26
of Article V of the constitution,] Associate circuit judges 27
shall be elected by the county at large. 28
5. No associate circuit judge shall practice law, or 29
do a law business, nor shall he or she accept, during his or 30
her term of office, any public appointment for which he or 31
she receives compensation for his or her services. 32
6. No person shall be elected as an associate circuit 33
judge unless he or she has resided in the county for which 34
he or she is to be elected at least one year prior to the 35
date of his or her election; provided that, a person who is 36
appointed by the governor to fill a vacancy may file for 37
election and be elected notwithstanding the provisions of 38
this subsection. 39
478.330. 1. When an annual judicial performance 1
report submitted pursuant to section 477.405 indicates for 2
three consecutive calendar years the need for two or more 3
full-time judicial positions in any judicial circuit there 4
shall be one additional circuit judge position authorized in 5
such circuit, subject to an initial appropriation made for 6
that purpose. The clerk of the supreme court shall notify 7
the Missouri revisor of statutes of any new circuit 8
judgeships authorized under this section, and the Missouri 9
revisor of statutes shall publish a footnote to this section 10
listing the authorized judgeships and corresponding judicial 11
circuits. 12
2. [Except in circuits where circuit judges are 13
selected under the provisions of Sections 25(a) to 25(g) of 14
Article V of the Missouri Constitution or] Except as 15
otherwise provided by law, a circuit judge authorized under 16
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subsection 1 of this section shall be elected at the next 17
general election after the authorization, and every six 18
years thereafter. Such judicial position shall not be 19
considered vacant or filled by appointment until January 20
first next following the authorization. [Except in circuits 21
where circuit judges are selected under the provisions of 22
Sections 25(a) to 25(g) of Article V of the Missouri 23
Constitution,] The election of circuit judges authorized by 24
this section shall be conducted in accordance with chapter 25
115. 26
[476.680. 1. The votes on the question 1
shall be counted, canvassed and returned by the 2
regular boards of judges, clerks and officers as 3
votes for candidates are counted, canvassed and 4
returned, and the abstract made by the officials 5
in general charge of elections in each such 6
county shall be returned to the secretary of 7
state on separate abstract sheets, in the manner 8
provided for abstract of votes for state and 9
county officers. 10
2. The secretary of state, in the presence 11
of the governor, sixty days after the election, 12
shall proceed to canvass the votes on the 13
question; and the governor shall forthwith issue 14
his proclamation, giving the whole number of 15
votes cast in each such judicial circuit for and 16
against the question, and if the question is 17
approved by a majority of those voting thereon, 18
declaring the nonpartisan selection of the 19
circuit and associate circuit judges to be in 20
full force and effect in each such judicial 21
circuit as provided for in Article V, Section 29 22
of the Constitution of 1945.] 23
Section B. Section A of this act shall become 1
effective only upon approval by the voters of an amendment 2
to article V of the Constitution of Missouri that repeals 3
the appointment of judges of the supreme court and of the 4
court of appeals by the governor from nominees selected by a 5
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nonpartisan commission and establishes the appointment of 6
all judges of the supreme court and of the court of appeals 7
by the governor with the advice and consent of the senate, 8
and for the election of all circuit and associate judges. 9
✓