To repeal sections 115.124 and 247.180, RSMo 1994, relating to public water supply districts, and to enact in lieu thereof two new sections relating to the same subject.

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

AS FOLLOWS:

Section A. Sections 115.124 and 247.180, RSMo 1994, are repealed and two new sections enacted in lieu thereof to be known as sections 115.124 and 247.180, to read as follows:

115.124. Notwithstanding any other law to the contrary, in a nonpartisan election in any political subdivision or special district except for municipal, board of trustees of community college districts and school board elections, if the notice provided for in subsection 5 of section 115.127, has been published in at least one newspaper of general circulation in the district, and if the number of candidates who have filed for a particular office is equal to the number of positions in that office to be filled by the election, no election shall be held for such office, and the candidates shall assume the responsibilities of their offices at the same time and in the same manner as if they had been elected. Notwithstanding any other provision of law to the contrary, if at any election the number of candidates filing for a particular office exceeds the number of positions to be filled at such election, the election authority shall hold the election as scheduled, even if a sufficient number of candidates withdraw from such contest for that office so that the number of candidates remaining after the filing deadline is equal to the number of positions to be filled.

247.180. 1. Regular elections shall be held annually on the first Tuesday after the first Monday in June, or the election may be held in April at the same time as regular school elections.

2. (1) Notwithstanding [any other provision of law,] the provisions of section 115.652, RSMo, the board of directors of a water supply district may choose to [conduct the election of] elect board members within the district by mail. Such elections shall be held on the first Tuesday after the first Monday in June. The election shall be conducted pursuant to sections 115.655 and 115.668, RSMo and the filing and withdrawal of candidates shall be governed by the provisions of chapter 115, RSMo, except that if the number of candidates is no greater than the number of directors to be elected, no election shall be held, and the candidates shall assume the responsibilities of their offices at the same time and in the same manner as if they had been elected.

[(2) To conduct an election by mail, the secretary of the board of directors shall, immediately after the certification of candidates, mail a ballot to each registered voter of the district along with a return addressed envelope directed to the district office with a sworn affidavit on the reverse side of such envelope for the voter's signature. More than one ballot may be included in the same mailing if more than one registered voter entitled to vote resides at the same address.

(3) Voted ballots must be returned by mail and received in the office of the clerk of the board of directors of the district no later than 5:00 p.m. on election day. At 8:00 a.m. on the following day in the office of the election authority, the clerk of the board of directors of the district shall transmit all voted ballots to a team of judges of not less than four, with an equal number from each political party. The judges shall be selected by the election authority from lists compiled by the authority. Upon receipt of the voted ballots the judges shall verify the authenticity of the ballots, canvass the votes, and certify the results. Certification by the election judges shall be final and shall be immediately transmitted to the clerk of the board of directors of the district.]

[(4)] (2) Any registered voter of the district may contest the results of [such] an election conducted pursuant to this section in the same manner as provided in chapter 115, RSMo.