To repeal section 115.123, RSMo 1994, relating to public elections, and to enact one new section relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Section 115.123, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 115.123, to read as follows:

115.123. [1. All public elections shall be held on Tuesday. Except bond elections necessitated by fire, vandalism or natural disaster, except elections for which ownership of real property is required by law for voting, except special elections to fill vacancies and to decide tie votes or election contests, except the presidential primary election, except elections authorized in subsection 4 of this section, and except as otherwise expressly provided by city or county charter, all public elections shall be held on the general election day, the primary election day, the municipal primary day, municipal general election day, the first Tuesday after the first Monday in February, except in presidential election years, March, June, August, or November or with an election on another day expressly provided by city or county charter. The election authority of each county shall make the selection of either the February or March election date, but not both dates for the same political subdivision or special district. After January 1, 1978, no city or county shall adopt a charter or charter amendment which calls an election on any day other than the February or March, April, June, August, or November election days specified in this section.

2. Notwithstanding the provisions of subsection 1 of this section, school districts may hold special levy elections on the first Tuesday after the first Monday in October.]

1. All public elections shall be held on Tuesday. Except as provided in subsections 2 and 3 of this section, all public elections shall be held on the general election day, the primary election day, the general municipal election day, the first Tuesday after the first Monday in March, June, or November, or on another day expressly provided by city or county charter.

2. The following elections shall be exempt from the provisions of subsection 1 of this section:

(1) Bond elections necessitated by fire, vandalism or natural disaster;

(2) Elections for which ownership of real property is required by law for voting; and

(3) Special elections to fill vacancies and to decide tie votes or election contests.

3. After August 28, 2001, no city or county charter or charter amendment shall call for elections to be held on dates other than those established in subsection 1 of this section.