To repeal section 115.361, RSMo Supp. 1996, relating to elections, and to enact in lieu thereof 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     Section A. Section 115.361, RSMo Supp. 1996, is repealed and one new section enacted in lieu thereof to be known as section 115.361, to read as follows:

     115.361. 1. Except as provided in subsections 2 and 3 of this section, if a candidate for nomination to an office in which he is the incumbent or the only candidate dies, withdraws as provided in subsection 1 of section 115.359, or is disqualified before the eleventh Tuesday prior to any primary election, or if any candidate for the position of political party committeeman or committeewoman dies or withdraws as provided in subsection 1 of section 115.359, or is disqualified before the eleventh Tuesday prior to any primary election, leaving less candidates for the available committee positions than the number of available committee positions, filing for the office or position shall be reopened until the eleventh Tuesday prior to the primary election or for a period of five working days, excluding holidays and weekends, following the death, withdrawal or disqualification, whichever is longer, during which period new candidates may file declarations of candidacy.

     2. If a candidate for nomination to an office in which he is the only candidate dies, withdraws as provided in subsection 1 of section 115.359, or is disqualified after the eleventh Tuesday prior to the primary election, the election and canvass shall not proceed, and a vacancy shall exist on the general election ballot to be filled in the manner provided in sections 115.363 to 115.377.

     3. If a candidate for the position of political party committeeman or committeewoman becomes disqualified after the eleventh Tuesday prior to the primary election, the election and canvass shall proceed, and the disqualified candidate's name shall be physically eradicated from the ballot so that no vote may be cast for that candidate.

     4. If after filing a declaration of candidacy, a candidate files a statement of withdrawal within two working days prior to the close of filing for the office sought, the time of filing shall be extended until 5 p.m. of the first Friday following the customary date for the close of filing.