To repeal sections 115.013 and 115.379, RSMo 1994, and sections 115.127, 115.359, 115.361, 115.363 and 115.373, RSMo Supp. 1996, relating to elections, and to enact in lieu thereof seven new sections relating to the same subject.

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

     Section A. Sections 115.013 and 115.379, RSMo 1994, and sections 115.127, 115.359, 115.361, 115.363 and 115.373, RSMo Supp. 1996, are repealed and seven new sections enacted in lieu thereof, to be known as sections 115.013, 115.127, 115.359, 115.361, 115.363, 115.373 and 115.379, to read as follows:

     115.013. As used in sections 115.001 to 115.641, unless the context clearly implies otherwise, the following terms shall mean:

     (1) "Automatic tabulating equipment" includes the apparatus necessary to examine and automatically count votes, and the data processing machines which are used for counting votes and tabulating results;

     (2) "Ballot" includes the ballot card or paper ballot on which each voter may cast all votes to which he is entitled at an election;

     (3) "Ballot card" is a ballot which is voted by making a punch or sensor mark which can be tabulated by automatic tabulating equipment;

     (4) "Ballot label" is the card, paper, booklet, page or other material containing the names of all offices and candidates and statements of all questions to be voted on;

     (5) "Counting location" is a location selected by the election authority for the automatic processing or counting, or both, of ballots;

     (6) "County" means any one of the several counties of this state or the city of St. Louis;

     (7) "Disqualified" [shall apply to any candidate whose name is stricken or withheld from the ballot by an election authority or court order for reason of ineligibility for office and whose name has not been restored to the ballot by the election authority or court order] means found to be ineligible for office or to be voted on for office by an election authority, a court of competent jurisdiction, the Missouri Ethics Commission or other body authorized by law to determine the eligibility of candidates;

     (8) "District" means an area within the state or within a political subdivision of the state from which a person is elected to represent the area on a policymaking body with representatives of other areas in the state or political subdivision;

     (9) "Electronic voting system" is a system of casting votes by use of marking devices, and counting votes by use of automatic tabulating or data processing equipment;

     (10) "Established political party" for the state shall mean a political party which, at either of the last two general elections, polled for its candidate for any statewide office, more than two percent of the entire vote cast for the office; "established political party" for any district or political subdivision shall mean a political party which polled more than two percent of the entire vote cast at either of the last two elections in which the district or political subdivision voted as a unit for the election of officers or representatives to serve its area;

     (11) "Federal office" means the office of presidential elector, United States senator, or representative in Congress;

     (12) "Independent" shall mean a candidate who is not a candidate of any political party and who is running for an office for which party candidates may run;

     (13) "Major political party" means the political party whose candidates received the highest or second highest number of votes at the last general election;

     (14) "Marking device" is either an apparatus in which ballots are inserted and voted by use of a punch apparatus, or any approved device for marking paper ballots with ink or other substance which will enable the votes to be counted by automatic tabulating equipment;

     (15) "New party" shall mean any political group which has filed a valid petition and is entitled to place its list of candidates on the ballot at the next general or special election;

     (16) "Nonpartisan" shall mean a candidate who is not a candidate of any political party and who is running for an office for which party candidates may not run;

     (17) "Political party" shall mean any established political party and any new party;

     (18) "Political subdivision" means a county, city, town, village, or township of a township organization county;

     (19) "Polling place" means the voting place designated for all voters residing in one or more precincts for any election;

     (20) "Precincts" means the geographical areas into which the election authority divides its jurisdiction for the purpose of conducting elections;

     (21) "Public office" means any office established by constitution, statute or charter and any employment under the United States, the state of Missouri, or any political subdivision or special district, but does not include any office in the reserve forces or the national guard or the office of notary public;

     (22) "Question" means any measure on the ballot which can be voted "YES" or "NO";

     (23) "Relative within the second degree by consanguinity or affinity" includes a spouse, each grandparent, parent, brother, sister, niece, nephew, aunt, uncle, child and grandchild of a person;

     (24) "Special district" means any school district, water district, fire protection district, hospital district, health center, nursing district, or other districts with taxing authority, or other district formed under the laws of Missouri to provide limited, specific services;

     (25) "Special election" includes elections called by any school district, water district, fire protection district, or other district formed under the laws of Missouri to provide limited, specific services;

     (26) "Voting district" means the one or more precincts within which all voters vote at a single polling place for any election.

     115.127. 1. Except as provided in subsection 4 of this section, upon receipt of notice of a special election to fill a vacancy submitted pursuant to section 115.125, the election authority shall cause legal notice of the special election to be published in a newspaper of general circulation in its jurisdiction. The notice shall include the name of the officer or agency calling the election, the date and time of the election, the name of the office to be filled and the date by which candidates must be selected or filed for the office. Within one week prior to each special election to fill a vacancy held in its jurisdiction, the election authority shall cause legal notice of the election to be published in two newspapers of different political faith and general circulation in the jurisdiction. The legal notice shall include the date and time of the election, the name of the officer or agency calling the election and a sample ballot. If there is only one newspaper of general circulation in the jurisdiction, the notice shall be published in the newspaper within one week prior to the election. If there are two or more newspapers of general circulation in the jurisdiction, but no two of opposite political faith, the notice shall be published in any two of the newspapers within one week prior to the election.

     2. Except as provided in subsections 1 and 4 of this section and in sections 115.521, 115.549 and 115.593, the election authority shall cause legal notice of each election held in its jurisdiction to be published. The notice shall be published in two newspapers of different political faith and qualified under chapter 493, RSMo, which are published within the bounds of the area holding the election. If there is only one so qualified newspaper, then notice shall be published in only one newspaper. If there is no newspaper published within the bounds of the election area, then the notice shall be published in two qualified newspapers of different political faith serving the area. Notice shall be published twice, the first publication occurring in the second week prior to the election, and the second publication occurring within one week prior to the election. Each such legal notice shall include the date and time of the election, the name of the officer or agency calling the election and a sample ballot; and, unless notice has been given as provided by section 115.129, the second publication of notice of the election shall include the location of polling places. The election authority may provide any additional notice of the election it deems desirable.

     3. The election authority shall print the official ballot as the same appears on the sample ballot, and no candidate's name or ballot issue which appears on the sample ballot or official printed ballot shall be stricken or removed from the ballot except on death of a candidate or by court order.

     4. In lieu of causing legal notice to be published in accordance with any of the provisions of this chapter, the election authority in jurisdictions which have less than five hundred registered voters and in which no newspaper qualified under chapter 493, RSMo, is published, may cause legal notice to be mailed during the second week prior to the election, by first class mail, to each registered voter at his voting address. All such legal notices shall include the date and time of the election, the location of the polling place, the name of the officer or agency calling the election and a sample ballot.

     5. If the opening date for filing a declaration of candidacy for any office in a political subdivision or special district is not required by law or charter, the opening filing date shall be 8:00 a.m., the fifteenth Tuesday prior to the election. If the closing date for filing a declaration of candidacy for any office in a political subdivision or special district is not required by law or charter, the closing filing date shall be 5:00 p.m., the eleventh Tuesday prior to the election. The political subdivision or special district calling an election shall, before the [thirteenth] fifteenth Tuesday prior to any election at which offices are to be filled, notify the general public of the opening filing date, the office or offices to be filled, the proper place for filing and the closing filing date of the election. Such notification may be accomplished by legal notice published in at least one newspaper of general circulation in the political subdivision or special district.

     [6. Except as provided for in sections 115.247 and 115.359, if there is no additional cost for the printing or reprinting of ballots or if the candidate agrees to pay any printing or reprinting costs, a candidate who has filed for an office or who has been duly nominated for an office, may, at any time after the certification required in section 115.125 but no later than 5:00 p.m. on the sixth Tuesday before the election, withdraw as a candidate pursuant to a court order, which, except for good cause shown by the election authority in opposition thereto, shall be freely given upon application by the candidate to the circuit court of the area of such candidate's residence.]

     115.359. 1. Any person who has filed a declaration of candidacy for nomination and who wishes to withdraw as a candidate shall, not later than the eleventh Tuesday prior to the primary election, file a written, sworn statement of withdrawal in the office of the official who accepted such candidate's declaration of candidacy. Any person nominated for an office who wishes to withdraw as a candidate shall, not later than the eleventh Tuesday prior to the general election, file a written, sworn statement of withdrawal in the office of the official who accepted such candidate's declaration of candidacy. In addition, any person who has filed a declaration of candidacy for nomination or who is nominated for an office who wishes to withdraw as a candidate due to being named as the party candidate for a different office by a party nominating committee pursuant to sections 115.363 to 115.377 may withdraw as a candidate within five days after being named as the party candidate for a different office by the party nominating committee.

     2. Except as provided in section 115.247, if there is no additional cost for the printing or reprinting of ballots or if the candidate agrees to pay any printing or reprinting costs, a candidate who has filed for an office or who is nominated for an office, may, at any time after the certification required in section 115.125 but no later than 5:00 p.m. on the sixth Tuesday before the election, withdraw as a candidate pursuant to a court order, which, except for good cause shown by the election authority in opposition thereto, shall be freely given upon application by the candidate to the circuit court of the area of such candidate's residence. No withdrawal pursuant to this subsection shall be effective until such candidate files a copy of the court's order in the office of the official who accepted such candidate's declaration of candidacy.

     [2.] 3. The name of a person who has properly filed a declaration of candidacy, or of a person nominated for office, who has not given notice of withdrawal as provided in subsection 1 or 2 of this section shall, except in case of death or disqualification, be printed on the official primary or general election ballot, as the case may be.

     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 or 2 of section 115.359, or is disqualified [before the eleventh] after 5:00 p.m. on the last day in which a person may file as a candidate for nomination and at or before 5:00 p.m. on the eighth 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 or 2 of section 115.359, or is disqualified [before the eleventh] after 5:00 p.m. on the last day in which a person may file as a candidate for nomination and at or before 5:00 p.m. on the eighth 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 or 2 of section 115.359, or is disqualified after [the eleventh] 5:00 p.m. on the eighth 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] eighth 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.

     115.363. 1. Except as provided in section 115.361, a party nominating committee of a political party may select a party candidate for nomination to an office on the primary election ballot in the following cases:

     (1) If there are no candidates for nomination as the party candidate due to death [or disqualification] of all the party's candidates after 5:00 p.m. on the last day in which a person may file as a candidate for nomination and at or before [9:00 a.m. on the second Monday] 5:00 p.m. on the fourth Tuesday prior to the primary election;

     (2) If there are no candidates for nomination as the party candidate due to withdrawal after 5:00 p.m. on the last day in which a person may file as a candidate for nomination and at or before 5:00 p.m. on whatever day may be fixed by law as the final date for withdrawing as a candidate for the office;

     (3) If there are no candidates for nomination as the party candidate due to death or disqualification of all candidates within seven days prior to the filing deadline and if no person has filed for the party nomination within that time; [or]

     (4) If there are no candidates for nomination as the party candidate due to disqualification of all party candidates after 5:00 p.m. on the last day in which a person may file as a candidate for nomination and at or before 5:00 p.m. on the sixth Tuesday prior to the primary election; or

     [(4)] (5) If a candidate for the position of political party committeeman or committeewoman dies or withdraws as provided in subsection 1 or 2 of section 115.359 after the [eleventh] eighth Tuesday prior to the primary election, leaving no candidate.

     2. Any established political party may select a candidate for nomination if a candidate who is the incumbent or only candidate dies, is disqualified or withdraws as provided in subsection 1 or 2 of section 115.359 after 5:00 p.m. on the eighth Tuesday prior to the primary election and at or before 5:00 p.m. on whatever day may be fixed by law as the final date for withdrawing as a candidate for the office.

     [2.] 3. A party nominating committee may select a party candidate for election to an office on the general election ballot in the following cases:

     (1) If the person nominated as the party candidate shall die [or become disqualified] at or before [9:00 a.m. on the second Monday] 5:00 p.m. on the fourth Tuesday prior to the general election;

     (2) If the person nominated as the party candidate shall become disqualified at or before 5:00 p.m. on the sixth Tuesday prior to the general election;

     [(2)] (3) If the person nominated as the party candidate shall withdraw at or before 5:00 p.m. on whatever day may be fixed by law as the final date for withdrawing as a candidate for the office;

     [(3)] (4) If a candidate for nomination to an office in which he is the party's only candidate dies[,] or withdraws as provided in subsection 1 of section 115.359 after 5:00 p.m. on the fourth Tuesday prior to any primary election, or is disqualified after [the eleventh] 5:00 p.m. on the sixth Tuesday before any primary election.

     [3.] 4. If a person nominated as a party's candidate who is unopposed shall die [or become disqualified] at or before [9:00 a.m. on the second Monday] 5:00 p.m. on the fourth Tuesday prior to the general election, shall become disqualified at or before 5:00 p.m. on the sixth Tuesday prior to the general election or shall withdraw at or before 5:00 p.m. on whatever day may be fixed by law as the final date for withdrawing as a candidate for the office, the party nominating committee for any established political party may select a party candidate.

     [4.] 5. A party nominating committee may select a party candidate for election to an office in the following cases:

     (1) For an election called to fill a vacancy in an office;

     (2) For an election held pursuant to the provisions of section 105.030, RSMo, to fill an unexpired term resulting from a vacancy in an office that occurs within fourteen days prior to the filing deadline for the primary election and not later than the eighth Tuesday prior to the general election. If such vacancy occurs prior to the fourteenth day before the filing deadline for a primary election, filing for the office shall be as provided for in sections 115.305 to 115.359.

     115.373. 1. [The name of a candidate selected by a party nominating committee for a primary election to fill a vacancy created by withdrawal shall be certified to the secretary of state or proper election authority no later than 5:00 p.m. on the eighth Tuesday prior to the primary election. The name of a candidate selected by a party nominating committee for a general election to fill a vacancy created by withdrawal shall be certified to the secretary of state or proper election authority no later than 5:00 p.m. on the eighth Tuesday prior to the general election.] The name of a candidate selected by a party nominating committee for a primary or general election to fill a vacancy created by death, withdrawal or disqualification shall be filed with the secretary of state or proper election authority no later than 5:00 p.m. on the twenty-eighth day after the vacancy occurs or no later than 5:00 p.m. on the fourth Friday [immediately] prior to the election, whichever occurs sooner. The name of a person selected by a party nominating committee as a candidate to fill an unexpired term shall be filed with the secretary of state or proper election authority no later than 5:00 p.m. on the day which is midway between the day the election is called and election day.

     2. If the candidate selected by a party nominating committee for a primary, general or special election ballot dies prior to the election, the vacancy created by such death may be filled in the manner provided for filling vacancies created by death on the primary and general election ballots.

     115.379. 1. Whenever the only candidate of a party for nomination or election to an office at a primary election, general election or special election to fill a vacancy dies after the filing deadline and before the election, his name shall be printed on the primary, general or special election ballot, as the case may be, unless another candidate has filed for the office pursuant to the provisions of section 115.361 or a new candidate has been selected pursuant to the provisions of sections 115.363 to 115.377. Whenever any other candidate for nomination or election to an office at a primary election, general election or special election to fill a vacancy dies after [9:00 a.m. on the Friday immediately] 5:00 p.m. on the fourth Tuesday prior to the election, his name shall be printed on the primary, general or special election ballot, as the case may be. The election and canvass shall proceed, and, if a sufficient number of votes are cast for the deceased candidate to entitle him to nomination or election had he not died, a vacancy shall exist on the general election ballot or in the office to be filled in the manner provided by law.

     2. Whenever a candidate for nomination or election to an office is disqualified after [9:00 a.m. on the Friday immediately] 5:00 p.m. on the sixth Tuesday prior to a primary election, general election or special election to fill a vacancy, his name shall be printed on the primary, general or special election ballot, as the case may be. The election and canvass shall proceed, and, if a sufficient number of votes are cast for the disqualified candidate to entitle him to nomination or election had he not become disqualified, a vacancy shall exist on the general election ballot or in the office to be filled in the manner provided by law.

     3. Except as provided in subsection [2] 3 of section 115.359, subsection 2 of section 115.361 and subsections 1 and 2 of this section, whenever a candidate for nomination or election to an office dies, withdraws or is disqualified prior to a primary election, general election or special election to fill a vacancy, all appropriate election authorities shall see that such candidate's name is removed from the primary, general or special election ballot, as the case may be.