SB 774 - This act modifies two provisions in law relating to vacancies in certain elected offices.TEMPORARY APPOINTMENT BY COUNTY COMMISSION FOR COUNTY OFFICES
Under current law, whenever any vacancy occurs in any office filled by election, other than the offices of Lieutenant Governor, state senator, state representative, sheriff, or St. Louis City Recorder of Deeds, the Governor is responsible for appointing a successor until the next general election. This act adds a new provision permitting the county commission to appoint a person to the vacated office within 14 days of the vacancy. In the event that the county commission consists of two members who cannot come to an agreement on an appointee, the acting presiding commissioner shall fill the vacancy. Such appointees shall continue in office until the Governor appoints a person to serve out the remainder of the term.
This provision does not apply to charter counties or to the offices of any associate circuit judge, circuit clerk, prosecuting attorney, or circuit attorney.
TIMING FOR PERSONS ELECTED TO FILL A VACANCY TO TAKE OFFICE
Under current law, whenever there is a special election to fill a vacancy in a state or county elected office, the person elected will take office on the first Monday in January following the election, except if the term for the office to be filled begins on a date other than the first Monday in January, in which case the appointed person will stay in office until such other date. This act removes the exception such that a person elected at a special election to fill a vacancy in any state or county elected office shall always take office on the first Monday in January following the election.
This provision does not apply to charter counties or to the offices of any associate circuit judge, circuit clerk, prosecuting attorney, or circuit attorney.
This act is identical to a provision in SCS/HB 1442 (2018) and substantially similar to the truly agreed to HB 1428 (2018) and provisions in the perfected HCB 23 (2018) and HCS#2/SS/SB 704 (2018).
SCOTT SVAGERA