To amend chapter 56, RSMo, by adding thereto one new section relating to prosecuting attorneys.

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

     Section A. Chapter 56, RSMo, is amended by adding thereto one new section, to be known as Section 1, to read as follows:

     Section 1. 1. The prosecutor in a county of the third classification which has less than ten licensed attorneys domiciled in the county may be removed by the qualified voters of such county by recall petition in accordance with the procedure set out in this section.

     2. A petition signed by voters entitled to vote for a successor to the incumbent prosecutor, equal in number to at least five percent of the total number of registered voters in such county, demanding the recall of the prosecutor from elected office shall be filed with the county clerk which petition shall contain a statement of the reasons for which recall is sought which shall not be more than two hundred words in length. Such petition for recall shall be filed with the appropriate county clerk or election authority within sixty days after the date of the earliest signature on the petition. The reasons for recall are misconduct in office, incompetence or failure to perform duties prescribed by law. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number and the date signed. One of the signers of each such paper shall make oath before an officer competent to administer oaths that the statements therein made are true as he believes and that each signature to the paper appended is the genuine signature of the person whose name it purports to be.

     3. A special election shall be held on the recall petition as soon as practicable and as may be determined by the election authority of the county. The question to be presented to the voters at such election shall be in substantially the following form:

FOR the removal of (name of officer) from the office of prosecutor

AGAINST the removal (name of officer) from the office of prosecutor

     4. If a majority of the qualified electors voting on the question at such election shall vote FOR the removal of such prosecutor, a vacancy shall exist in such office. If a majority of the qualified electors voting on the question at such election shall vote AGAINST the removal of such prosecutor, such prosecutor shall continue to serve during the term for which elected.