Provides for the election of all judges

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. 1746
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
7359S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 115.353, 115.355, 115.357, 115.365, 115.507, 115.511, 115.515, 115.517,
115.531, 115.555, 115.575, 115.603, 115.619, 115.620, 115.621, 476.680, 478.010,
478.320, and 478.330, RSMo, and to enact in lieu thereof eighteen 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, 115.357, 115.365, 1
115.507, 115.511, 115.515, 115.517, 115.531, 115.555, 115.575, 2
115.603, 115.619, 115.620, 115.621, 476.680, 478.010, 478.320, 3
and 478.330, RSMo, are repealed and eighteen new sections 4
enacted in lieu thereof, to be known as sections 115.353, 5
115.355, 115.357, 115.365, 115.507, 115.511, 115.515, 115.517, 6
115.531, 115.555, 115.575, 115.603, 115.619, 115.620, 115.621, 7
478.010, 478.320, and 478.330, to read as follows:8
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, judge of the 4
supreme court, judge of the court of appeals, circuit judge 5
[not subject to the provisions of Article V, Section 25 of 6
the Missouri Constitution], state senator and state 7
representative, in the office of the secretary of state; 8
(2) For all county offices which for the purpose of 9
election procedures shall include associate circuit judges 10
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[not subject to the provisions of Article V, Section 25 of 11
the Missouri Constitution], in the office of the county 12
election authority; 13
(3) For all county offices, in the office of the 14
county election authority. In any county in which there are 15
two boards of election commissioners, the county clerk shall 16
be deemed to be the election authority for purposes of this 17
section. 18
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
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and when filing by mail as provided in subsection 2 or 5 of 24
this section. 25
[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
115.357. 1. Except as provided in subsections 3 and 4 1
of this section, each candidate for federal, state or county 2
office shall, before filing his or her declaration of 3
candidacy, pay to the treasurer of the state or county 4
committee of the political party upon whose ticket he or she 5
seeks nomination a certain sum of money as follows: 6
(1) To the treasurer of the state central committee, 7
five hundred dollars if he or she is a candidate for 8
statewide office or for United States senator, three hundred 9
dollars if he or she is a candidate for representative in 10
Congress, judge of the supreme court, judge of the court of 11
appeals, circuit judge or state senator, and one hundred 12
fifty dollars if he or she is a candidate for state 13
representative; 14
(2) To the treasurer of the county central committee, 15
one hundred dollars if he or she is a candidate for county 16
office. 17
2. The required sum may be submitted by the candidate 18
to the official accepting his or her declaration of 19
candidacy, except that a candidate required to file his or 20
her declaration of candidacy with the secretary of state 21
shall pay the required sum directly to the treasurer of the 22
appropriate party committee. All sums submitted to the 23
official accepting the candidate's declaration of candidacy 24
shall be forwarded promptly by the official to the treasurer 25
of the appropriate party committee. 26
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3. Any person who cannot pay the fee required to file 27
as a candidate may have the fee waived by filing a 28
declaration of inability to pay and a petition with his 29
declaration of candidacy. Each such declaration shall be in 30
substantially the following form: 31
If the candidate's declaration of candidacy is to be filed 47
in person, the declaration of inability to pay shall be 48
subscribed and sworn to by the candidate before the election 49
official who witnesses the candidate's declaration of 50
candidacy. If his declaration of candidacy is to be filed 51
by certified mail pursuant to subsection 2 of section 52
32 DECLARATION OF INABILITY TO PAY FILING FEE
33
34
35
36
37
I, ______, do hereby swear that I am financially
unable to pay the fee of ______ (amount of fee) to
file as a candidate for nomination to the office of
______ at the primary election to be held on the
______ day of ______, 20______.

38 __________________ Subscribed and sworn
39 Signature of candidate to before me this
40 ______ day of
41 ______, 20______.
42 __________________ __________________
43 Residence address Signature of election
44 official or officer
45 authorized to
46 administer oaths
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115.355, the declaration of inability to pay shall be 53
subscribed and sworn to by the candidate before the notary 54
or other officer who witnesses the candidate's declaration 55
of candidacy. With his declaration of inability to pay, the 56
candidate shall submit a petition endorsing his candidacy. 57
Except for the number of signatures required, each such 58
petition shall, insofar as practicable, be in the form 59
provided in sections 115.321 and 115.325. If the person 60
filing declaration of indigence is to be a candidate for 61
statewide office, his petition shall be signed by the number 62
of registered voters in the state equal to at least one-half 63
of one percent of the total number of votes cast in the 64
state for the office at the last election in which a 65
candidate ran for the office. If the person filing a 66
declaration of indigence is to be a candidate for any other 67
office, the petition shall be signed by the number of 68
registered voters in the district or political subdivision 69
which is equal to at least one percent of the total number 70
of votes cast for the office at the last election in which a 71
candidate ran for the office. The candidate's declaration 72
of inability to pay and the petition shall be filed at the 73
same time and in the same manner as his declaration of 74
candidacy is filed. The petition shall be checked and its 75
sufficiency determined in the same manner as new party and 76
independent candidate petitions. 77
4. No filing fee shall be required of any person who 78
proposes to be an independent candidate, the candidate of a 79
new party or a candidate for presidential elector. 80
5. Except as provided in subsections 3 and 4 of this 81
section, no candidate's name shall be printed on any 82
official ballot until the required fee has been paid. 83
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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 judge of the court of 17
appeals, the nominating committee shall be the judicial 18
appellate district committee; 19
(6) To select a candidate for representative in 20
Congress, the nominating committee shall be the 21
congressional district committee of the party; 22
[(6)] (7) To select a candidate for statewide office, 23
including judge of the supreme court, the nominating 24
committee shall be the state committee of the party. 25
2. After any decennial redistricting, the nominating 26
committee shall be composed from the new districts, and the 27
new district lines shall be used in the selection of a 28
candidate; provided, however, that members of nominating 29
committees for candidates for special elections to fill 30
vacancies conducted pursuant to section 21.130 shall be from 31
the old districts. 32
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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
adopted ordinance. Not later than the second Tuesday after 31
any election in any city making such a designation, each 32
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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 supreme court, judge of the court of appeals, 46
judge of the circuit court, secretary of state, attorney 47
general, state treasurer, or state auditor, or at which an 48
initiative, referendum, constitutional amendment [or 49
question of retaining a judge subject to the provisions of 50
Article V, Sections 25(a) to 25(g) of the State 51
Constitution], appears on the ballot in a jurisdiction, the 52
election authority of the jurisdiction shall mail or deliver 53
to the secretary of state the abstract of the votes given in 54
its jurisdiction, by polling place or precinct, for each 55
such office and on each such question. If mailed, the 56
abstract shall be enclosed in a strong, sealed envelope or 57
envelopes. On the outside of each envelope shall be 58
printed: "Returns of election held in the county of ______ 59
(City of St. Louis, Kansas City) on the ______ day of 60
______, ______,", etc. 61
115.511. 1. The secretary of state shall convene the 1
board of state canvassers to total the abstracts of each 2
primary election and the board shall, not later than two 3
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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
judges of the supreme court, judges of the court of appeals, 8
circuit judges, secretary of state, attorney general, state 9
treasurer and state auditor. 10
2. The secretary of state shall convene the board of 11
state canvassers to total the abstracts of each general 12
election and the board shall, not later than the second 13
Tuesday in December following the general election, issue a 14
statement announcing the results of the general election for 15
federal officers, governor, lieutenant governor, state 16
senators and representatives, judges of the supreme court, 17
judges of the court of appeals, circuit judges, [appellate 18
and circuit judges subject to the provisions of Article V, 19
Section 25 of the State Constitution,] secretary of state, 20
attorney general, state treasurer and state auditor. 21
3. The secretary of state shall convene the board of 22
state canvassers to total the abstracts of each special 23
election at which the name of a candidate for nomination or 24
election to the office of United States senator, 25
representative in Congress, governor, lieutenant governor, 26
state senator, state representative, judge of the supreme 27
court, judge of the court of appeals, circuit judge [not 28
subject to the provisions of Article V, Section 25 of the 29
State Constitution], secretary of state, attorney general, 30
state treasurer or state auditor, or at which an initiative, 31
referendum or constitutional amendment appears on the 32
ballot, and the board shall, not later than two weeks after 33
receiving all required abstracts from the election, issue a 34
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statement announcing the results of the election for such 35
office or on such question. 36
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
judge of the supreme court, judge of the court of appeals, 5
circuit judge[ not subject to the provisions of Article V, 6
Sections 25(a) to 25(g) of the State Constitution], state 7
senator or state representative, and a higher number of 8
votes than any other candidate for the same office on the 9
same party ballot, the governor shall, immediately after the 10
results of the election have been announced, issue a 11
proclamation stating the fact and ordering a special primary 12
election to determine the party's nominee for the office. 13
The proclamation shall set the date of the election, which 14
shall be not less than fourteen or more than thirty days 15
after the proclamation is issued, and shall be sent by the 16
governor to each election authority responsible for 17
conducting the special primary election. In the 18
proclamation, the governor shall specify the name of each 19
candidate for the office to be voted on at the election, and 20
the special primary election shall be conducted and the 21
votes counted as in other primary elections. 22
2. If two or more persons receive an equal number of 23
votes for nomination as a party's candidate for any other 24
office, except party committeeman or committeewoman, and a 25
higher number of votes than any other candidate for the same 26
office on the same party ballot, the officer with whom such 27
candidates filed their declarations of candidacy shall, 28
immediately after the results of the election have been 29
certified, issue a proclamation stating the fact and 30
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ordering a special primary election to determine the party's 31
nominee for the office. The proclamation shall set the date 32
of the election, which shall be not less than fourteen or 33
more than thirty days after the proclamation is issued, and 34
shall be sent by the officer to each election authority 35
responsible for conducting the special primary election. In 36
the proclamation, the officer shall specify the name of each 37
candidate for the office to be voted on at the election, and 38
the special primary election shall be conducted and the 39
votes counted as in other primary elections. 40
3. As an alternative to the procedure prescribed in 41
subsections 1 and 2 of this section, if the candidates who 42
received an equal number of votes in such election agree to 43
the procedure prescribed in this subsection, the officer 44
with whom such candidates filed their declarations of 45
candidacy may, after notification of the time and place of 46
such drawing given to each such candidate at least five days 47
before such drawing, determine the winner of such election 48
by lot. Any candidate who received an equal number of votes 49
may decline to have his or her name put into such drawing. 50
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
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2. If two or more persons receive an equal number of 13
votes for election to federal office, state senator, state 14
representative, judge of the supreme court, judge of the 15
court of appeals, or circuit judge [not subject to the 16
provisions of Article V, Section 25 of the State 17
Constitution], and a higher number of votes than any other 18
candidate for the same office, the governor shall, 19
immediately after the results of the election have been 20
announced, issue a proclamation stating the fact and 21
ordering a special election to determine which candidate is 22
elected to the office. The proclamation shall set the date 23
of the election and shall be sent by the governor to each 24
election authority responsible for conducting the special 25
election. In his proclamation, the governor shall specify 26
the name of each candidate for the office to be voted on at 27
the election, and the special election shall be conducted 28
and the votes counted as in other elections. 29
3. If two or more persons receive an equal number of 30
votes for nomination or election to any office not otherwise 31
provided for in section 115.515 or this section, and a 32
higher number of votes than any other candidate for 33
nomination or election to the same office, the officer with 34
whom such candidates filed their declarations of candidacy 35
shall, immediately after the results of the election have 36
been certified, issue a proclamation stating the fact and 37
ordering a special election to determine which candidate is 38
elected to the office. The proclamation shall set the date 39
of the election and shall be sent by the officer to each 40
election authority responsible for conducting the special 41
election. In his proclamation, the officer shall specify 42
the name of each candidate for the office to be voted on at 43
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the election, and the special election shall be conducted 44
and the votes counted as in other elections. 45
4. As an alternative to the procedure prescribed in 46
subsections 1, 2, and 3 of this section, if the candidates 47
who received an equal number of votes in such election agree 48
to the procedure prescribed in this subsection, the officer 49
with whom such candidates filed their declarations of 50
candidacy may, after notification of the time and place of 51
such drawing given to each such candidate at least five days 52
before such drawing, determine the winner of such election 53
by lot. Any candidate who received an equal number of votes 54
may decline to have his name put into such drawing. 55
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
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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
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 State 8
Constitution] shall be heard and determined by the supreme 9
court. 10
115.575. 1. Notwithstanding any provision of this 1
chapter to the contrary, all contested elections for the 2
office of judge of the supreme court or of court of appeals, 3
whether contested on the basis of qualification, 4
irregularity, or other cause, or for recount other than the 5
automatic recount provided for in section 115.601, and 6
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whether in a primary or general election, shall be filed in 7
and heard and determined by the supreme court, but no judge 8
of the supreme court shall sit upon the hearing of any case 9
in which he or she is a party. 10
2. Notwithstanding any provision of this chapter to 11
the contrary, all contested elections for the office of 12
circuit or associate circuit judge [not subject to the 13
provisions of Article V, Section 25 of the State 14
Constitution], whether contested on the basis of 15
qualification, irregularity, or other cause, or for recount 16
other than the automatic recount provided for in section 17
115.601, and whether in a primary or general election, shall 18
be filed in and heard and determined by an adjoining circuit 19
court selected by the contestant. 20
[2.] 3. All contested elections on any office or 21
question other than those provided for in sections 115.555, 22
115.563, and subsection 1 or 2 of this section shall be 23
heard and determined by the circuit court of any circuit, 24
selected by the contestant, in which all or any part of the 25
election was held and in which any alleged irregularity 26
occurred. The contestant shall only be required to file one 27
petition with the circuit court for each election contest 28
regardless of the number of counties within the court's 29
jurisdiction. 30
[3.] 4. If a petition contesting any election is filed 31
in an incorrect circuit, the court in which it is filed 32
shall have jurisdiction and shall promptly transfer the suit 33
to the correct circuit court. 34
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 appellate 3
district committee for each court of appeals district in the 4
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state, a judicial district committee for each circuit judge 5
district in the state [not subject to the provisions of 6
Article V, Section 25 of the state Constitution], a 7
senatorial district committee for each senatorial district 8
in the state, a legislative district committee for each 9
legislative district in the state and a county committee for 10
each county in the state, except any city not within a 11
county which shall have a city committee in lieu of a county 12
committee. 13
115.619. 1. A legislative district committee shall 1
consist of the precinct, ward, or township committeeman and 2
committeewoman from such precincts, wards, or townships 3
included in whole or in part of the legislative district. 4
There shall be elected from the membership of each 5
legislative district committee a chairman and a vice 6
chairman, one of whom shall be a woman and one of whom shall 7
be a man, and each legislative district at the same time 8
shall elect a secretary and a treasurer, one of whom shall 9
be a woman and one of whom shall be a man, but who may or 10
may not be members of the legislative district committee. 11
Party state committees may provide for voting by proxy and 12
for weighted or fractional voting. 13
2. The congressional, senatorial, judicial appellate, 14
or judicial committee of a district which is composed of: 15
(1) One or more whole counties; or 16
(2) One or more whole counties and part of one or more 17
counties; 18
shall consist of the county committee chair and vice chair 19
of each county within the district and the committeeman and 20
committeewoman of each legislative district committee within 21
the district. 22
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3. The congressional, senatorial, judicial appellate, 23
or judicial committee of a district which consists of: 24
(1) Parts of one or more counties; 25
(2) Part of a city not within the county; 26
(3) A whole city not within a county; or 27
(4) Part of a city not within a county and parts of 28
one or more counties; 29
shall consist of the committeemen and committeewomen of the 30
precinct, ward, or township included in whole or in part of 31
the district and the chair and vice chair of each 32
legislative district committee within the district in whole 33
or in part. 34
115.620. Provisions for proxy voting for district 1
committees organized under section 115.621 may be made by a 2
political party. In the event that such provisions are not 3
made, proxy voting shall only be allowed for legislative, 4
congressional, senatorial, judicial appellate, and judicial 5
district committee meetings. In any event, a person may 6
only serve as a proxy voter if such person is legally 7
permitted to vote in the district in which the proxy resides. 8
115.621. 1. Notwithstanding any other provision of 1
this section to the contrary, any legislative, senatorial, 2
judicial appellate, or judicial district committee that is 3
wholly contained within a county or a city not within a 4
county may choose to meet on the same day as the respective 5
county or city committee. All other committees shall meet 6
as otherwise prescribed in this section. 7
2. The members of each county committee shall meet at 8
the county seat not earlier than two weeks after each 9
primary election but in no event later than the third 10
Saturday after each primary election, at the discretion of 11
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the chairman at the committee. In each city not within a 12
county, the city committee shall meet on the same day at the 13
city hall. In all counties of the first, second, and third 14
classification, the county courthouse shall be made 15
available for such meetings and any other county political 16
party meeting at no charge to the party committees. In all 17
cities not within a county, the city hall shall be made 18
available for such meetings and any other city political 19
party meeting at no charge to the party committees. At the 20
meeting, each committee shall organize by electing two of 21
its members, a man and a woman, as chair and vice chair, and 22
a man and a woman who may or may not be members of the 23
committee as secretary and treasurer. 24
3. The members of each congressional district 25
committee shall meet at some place and time within the 26
district, to be designated by the current chair of the 27
committee, not earlier than five weeks after each primary 28
election but in no event later than the sixth Saturday after 29
each primary election. The county courthouse in counties of 30
the first, second and third classification in which the 31
meeting is to take place, as designated by the chair, shall 32
be made available for such meeting and any other 33
congressional district political party committee meeting at 34
no charge to the committee. At the meeting, the committee 35
shall organize by electing one of its members as chair and 36
one of its members as vice chair, one of whom shall be a 37
woman and one of whom shall be a man, and a secretary and a 38
treasurer, one of whom shall be a woman and one of whom 39
shall be a man, who may or may not be members of the 40
committee. 41
4. The members of each legislative district committee 42
shall meet at some place and date within the legislative 43
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district or within one of the counties in which the 44
legislative district exists, to be designated by the current 45
chair of the committee, not earlier than three weeks after 46
each primary election but in no event later than the fourth 47
Saturday after each primary election. The county courthouse 48
in counties of the first, second and third classification in 49
which the meeting is to take place, as designated by the 50
chair, shall be made available for such meeting and any 51
other legislative district political party committee meeting 52
at no charge to the committee. At the meeting, the 53
committee shall organize by electing two of its members, a 54
man and a woman, as chair and vice chair, and a man and a 55
woman who may or may not be members of the committee as 56
secretary and treasurer. 57
5. The members of each senatorial district committee 58
shall meet at some place and date within the district, to be 59
designated by the current chair of the committee, if there 60
is one, and if not, by the chair of the congressional 61
district in which the senatorial district is principally 62
located, not earlier than four weeks after each primary 63
election but in no event later than the fifth Saturday after 64
each primary election. The county courthouse in counties of 65
the first, second and third classification in which the 66
meeting is to take place, as so designated pursuant to this 67
subsection, shall be made available for such meeting and any 68
other senatorial district political party committee meeting 69
at no charge to the committee. At the meeting, the 70
committee shall organize by electing one of its members as 71
chair and one of its members as vice chair, one of whom 72
shall be a woman and one of whom shall be a man, and a 73
secretary and a treasurer, one of whom shall be a woman and 74
SB 1746 20
one of whom shall be a man, who may or may not be members of 75
the committee. 76
6. The members of each senatorial district shall also 77
meet at some place within the district, to be designated by 78
the current chair of the committee, if there is one, and if 79
not, by the chair of the congressional district in which the 80
senatorial district is principally located, on the Saturday 81
after each general election or concurrently with the 82
election of senatorial officers, if designated or not 83
objected to by the chair of the congressional district where 84
the senatorial district is principally located. At the 85
meeting, the committee shall proceed to elect two registered 86
voters of the district, one man and one woman, as members of 87
the party's state committee. 88
7. The members of each judicial appellate district may 89
meet at some place and date within the judicial appellate 90
district or within one of the counties in which the judicial 91
appellate district exists, to be designated by the current 92
chair of the committee or the chair of the congressional 93
district committee, not earlier than six weeks after each 94
primary election but in no event later than the seventh 95
Saturday after each primary election. The county courthouse 96
in counties of the first, second, and third classification 97
in which the meeting is to take place, as so designated 98
pursuant to this subsection, shall be made available for 99
such meeting and any other judicial appellate district 100
political party committee meeting at no charge to the 101
committee. At the meeting, the committee shall organize by 102
electing two of its members, a man and a woman, as chair and 103
vice chair, and a man and a woman who may or may not be 104
members of the committee as secretary and treasurer. 105
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8. The members of each judicial district may meet at 106
some place and date within the judicial district or within 107
one of the counties in which the judicial district exists, 108
to be designated by the current chair of the committee or 109
the chair of the congressional district committee, not 110
earlier than six weeks after each primary election but in no 111
event later than the seventh Saturday after each primary 112
election. The county courthouse in counties of the first, 113
second and third classification in which the meeting is to 114
take place, as so designated pursuant to this subsection, 115
shall be made available for such meeting and any other 116
judicial district political party committee meeting at no 117
charge to the committee. At the meeting, the committee 118
shall organize by electing two of its members, a man and a 119
woman, as chair and vice chair, and a man and a woman who 120
may or may not be members of the committee as secretary and 121
treasurer. 122
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
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
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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
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
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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
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
SB 1746 24
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 nonpartisan selection of judges and establishes the 4
election of all judges of the supreme court and of the court 5
of appeals, and of the circuit courts, and associate judges. 6
✓