To repeal sections 115.315 and 115.321, RSMo 1994, and section 115.329, RSMo Supp. 1996, relating to elections, and to enact in lieu thereof three new section relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 115.315 and 115.321, RSMo 1994, and section 115.329, RSMo Supp. 1996, are repealed and three new sections enacted in lieu thereof, to be known as sections 115.315, 115.321 and 115.329 to read as follows:

     115.315. 1. Sections 115.315 to 115.327 shall be known and may be cited as the "Fair Ballot Access Act".

     2. Any group of persons desiring to form a new political party throughout the state, or for any congressional district, state senate district, state representative district or circuit judge district, shall file a petition with the secretary of state. Any group of persons desiring to form a new party for any county shall file a petition with the election authority of the county.

     3. Each page or a sheet attached to each page of each petition for the formation of a new political party shall:

     (1) Declare concisely the intention to form a new political party in the state, district or county;

     (2) State in not more than five words the name of the proposed party;

     (3) If presidential electors are to be nominated by petition, at least one qualified resident of each congressional district shall be named as a nominee for presidential elector. The number of candidates to be nominated shall equal the number of electors to which the state is entitled, and the name of their candidate for president and the name of their candidate for vice president shall be printed on each page or a sheet attached to each page of the petition. The names of the candidates for president and vice president may be added to the party name, but the names of the candidates for president and vice president shall not be printed on the official ballot without the written consent of such persons. Their written consent shall accompany and be deemed part of the petition;

     (4) Give a complete list of the names and addresses, including the street and number, of the chairman and treasurer of the party.

     4. When submitted for filing, each petition shall contain the names and addresses of two people, not candidates, to serve as provisional chairman and treasurer for the party in the event the party becomes a new political party.

     5. If the new party is to be formed for the entire state, which shall include being formed for all districts and counties in which the party has nominations so listed on its certified list of candidates required pursuant to section 115.327, then this statewide petition shall be signed by [at least ten thousand registered voters of the state obtained at large] a number of registered voters which is at least equal to twenty percent of those voting in the most recent gubernatorial election and at least equal to five percent of the registered voters in each of the congressional districts in the state.

     6. If the new party is to be formed for any district or county, but not by the statewide method set out in subsection 5 of this section, then the petition shall be signed by the number of registered voters in the district or county which is equal to at least [two] twenty percent of the total number of voters who voted at the last election for candidates for the office being sought or is equal to ten thousand voters, whichever is less.

     115.321. 1. Any person desiring to be an independent candidate for any office to be filled by voters throughout the state, or for any congressional district, state senate district, state representative district, or circuit judge district, shall file a petition with the secretary of state. Any person desiring to be an independent candidate for any county office shall file a petition with the election authority of the county.

     2. Each page or a sheet attached to each page of each petition for the nomination of an independent candidate shall:

     (1) Declare concisely the intention to nominate an independent candidate;

     (2) State the name and address, including street and number, of the independent candidate. If independent candidates for presidential elector are to be nominated, a number of independent candidates for presidential elector equal to the number of electors to which the state is entitled shall be nominated by one petition, and the name of their candidate for president and the name of their candidate for vice president shall be printed on each page or a sheet attached to each page of the petition. At least one qualified resident of each congressional district shall be named as a nominee for presidential elector, and the name and address of each candidate shall be printed on each page or a sheet attached to each page of the petition. The names of the candidates for president and vice president shall not be printed on the official ballot without the written consent of such persons. Their written consent shall accompany and be deemed part of the petition;

     (3) State the office for which candidate is to be nominated.

     3. If an independent candidate is to be nominated for a statewide office, the petition shall be signed by [at least ten thousand registered voters of the state] a number of registered voters which is at least equal to twenty percent of those voting in the most recent gubernatorial election and at least equal to five percent of the registered voters in each of the congressional districts in this state.

     4. If the independent candidate is to be nominated for a district or county office, the petition shall be signed by the number of registered voters in the district or county which is equal to at least [two] twenty percent of the total number of voters who voted at the last election for candidates for the office being sought or is equal to ten thousand voters, whichever is less.

     5. The name of each person who files a valid petition for nomination as an independent candidate shall be placed on the official ballot as an independent candidate for the office at the next general election or the special election if the petition nominates a candidate to fill a vacancy which is to be filled at a special election. If presidential electors are nominated by the petition, the names of the candidates for elector shall not be placed on the official ballot, but the name of their candidate for president and the name of their candidate for vice president shall be placed on the official ballot at the next presidential election.

     115.329. 1. The secretary of state or any election authority shall not accept for filing any petition for the formation of a new party [or for the nomination of an independent candidate] which is submitted prior to 8:00 a.m. on the day immediately following the general election next preceding the general election for which the petition is submitted or which is submitted after 5:00 p.m. on the fifteenth Monday immediately preceding the general election for which the petition is submitted.

     2. When a special election to fill a vacancy is called, neither the secretary of state nor any election authority shall accept for filing any petition for the formation of a new party or for the nomination of an independent candidate which is submitted after 5:00 p.m. on the day which is midway between the day the election is called and the election day.

     3. The secretary of state or any election authority shall not accept for filing any petition for the nomination of an independent candidate which is submitted prior to 8:00 a.m. on the last Tuesday in February nor after 5:00 p.m. on the last Tuesday in March immediately preceding the primary election.