HB 1428 - This act modifies two provisions in law relating to vacancies in county elected offices.VACANCIES IN THE OFFICE OF COUNTY COMMISSIONER
Currently, when there is a vacancy in the office of county commissioner, the Governor is required to fill such vacancy with a person who resides in the district at the time of vacancy. This act changes that process so that when there is less than one year remaining in the term, the vacancy shall be filled by appointment by the Governor within 60 days. If there is one year or more remaining in the term, the Governor shall appoint, within 60 days, an eligible person with the advice and consent of the Senate.
These procedures do not apply to charter counties.
This provision is identical to a provision in SS/SCS/HB 1442 (2018), substantially similar to SB 665 (2018), the perfected HCB 23 (2018), the perfected SB 114 (2017), SB 701 (2016), and SCS/SB 289 (2015), and similar to a provision in HCS/HB 1632 (2016).
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.
This provision is substantially similar to a provision in HCS#2/SS/SB 704 (2018), SB 774 (2018), a provision in the perfected HCB 23 (2018), and a provision in SS/SCS/HB 1442 (2018).
SCOTT SVAGERA