SECOND REGULAR SESSION

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1557 & 1489

88TH GENERAL ASSEMBLY

Reported from the Committee on Elections, February 29, 1996, with recommendation that the House Committee Substitute for House Bills Nos. 1557 & 1489 Do Pass.

DOUGLAS W. BURNETT, Chief Clerk

L3346.05C

AN ACT

To repeal sections 57.080, 88.251, 115.123, 115.127, 115.132, 115.281, 115.300, 115.329, 115.333, 115.373, 115.385, 115.399, 115.401, and 115.535, RSMo 1994, and sections 115.125, and 115.359, RSMo Supp. 1995, relating to election deadlines, and to enact in lieu thereof sixteen new sections relating to the same subject, with penalty provisions and an emergency clause for certain sections.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 57.080, 88.251, 115.127, 115.132, 115.281, 115.300, 115.329, 115.333, 115.373, 115.385, 115.399, 115.401, and 115.535, RSMo 1994, and sections 115.125, and 115.359, RSMo Supp. 1995, are repealed and fifteen new sections enacted in lieu thereof, to be known as sections 57.080, 88.251, 115.125, 115.127, 115.132, 115.281, 115.300, 115.329, 115.333, 115.359, 115.373, 115.385, 115.399, 115.401, and 115.535, to read as follows:

57.080. Whenever from any cause the office of sheriff becomes vacant, the same shall be filled by the county commission; if such vacancy happens more than nine months prior to the time of holding a general election, such county commission shall immediately order a special election to fill the same, and the person by it appointed shall hold said office until the person chosen at such election shall be duly qualified; otherwise the person appointed by such county commission shall hold office until the person chosen at such general election shall be duly qualified; but while such vacancy continues, any writ or process directed to the said sheriff and in [his] such sheriff's hands at the time such vacancy occurs, remaining unexecuted, and any writ or process issued after such vacancy, may be served by any person selected by the plaintiff, [his] the plaintiff's agent or attorney, at the risk of such plaintiff; and the clerk of any court out of which such writ or process shall issue shall endorse on such writ or process the authority to such person to execute and return the same, and shall state on such endorsement that the authority thus given is "at the request and risk of the plaintiff", and the person so named in said writ or process may proceed to execute and return said process, as sheriffs are by the law required to do. Such election shall be held on or before the [eighth] tenth Tuesday after the vacancy occurs. Upon the occurrence of such vacancy, it shall be the duty of the presiding commissioner of the county commission, if such commission be not then in session, to call a special term thereof, and cause said election to be held.

88.251. Each franchise or contract provided for in sections 71.530, RSMo, 77.210, RSMo, 78.190, 78.630, RSMo, and sections 88.613, 88.770, and 88.773 shall remain on file with the city clerk for public inspection at least thirty days before the final passage or adoption thereof. The effective date of such franchise or contract shall be the earliest date upon which one of the following events occurs: the bill approving the franchise or contract is signed by the mayor or person exercising the duties of the mayor's office; the board of aldermen overrides the mayor's veto; or the conclusion of the next meeting of the board of aldermen when the mayor has neither signed nor vetoed the bill. Every such franchise or contract provided for above shall be subject to approval or disapproval of the voters of such city whenever twentyfive percent of the voters of such city, as appears from the number of voters who voted for mayor at the last preceding municipal election, file with the city clerk, within thirty days after the passing of the franchise or contract, a petition, in the following form, calling for the submission of the question of approval or disapproval of the grant of the franchise or contract to the voters of such city at a special election or at a regular municipal election:

To the city clerk of

We, the undersigned, hereby request the appropriate election authority to submit the grant of the following franchise or contract to the electors of at a

special election or at a regular municipal election.

(State nature of franchise or contract.)

Upon receipt of such a petition by the city clerk, it shall be the duty of the city clerk to determine whether the petition has presented the question in the form required by this section and whether the petition has been executed in compliance with the terms of subsection 4 of section 115.019, RSMo. If the petition satisfies the requirements of this section and subsection 4 of section 115.019, RSMo, the city clerk shall cause the appropriate election authority to give notice of an election and to submit the question of approval or disapproval of the grant of the franchise or contract to the voters at a special election, or at a regular municipal election. Not later than the [eighth] tenth Tuesday prior to an election, the city clerk shall send to the appropriate election authority a certified copy of the legal notice to be published. The legal notice shall include the particular question to be voted on at such election, the date and time of the election and a sample ballot. [Upon receipt of such legal notice,] The appropriate election authority shall cause legal notice of such election to be published [in a newspaper of general circulation in its jurisdiction. Within one week prior to such election, the appropriate election authority shall again cause legal notice of such election to be published in a newspaper of general circulation in its jurisdiction] as required in chapter 115, RSMo. The ballots used when voting upon such franchise or contract shall contain, but not be limited to, the following language:

Shall the city of (name of city)

enter into the contract to (State nature of proposed contract

or franchise)?

* YES * NO

If you are in favor of the question, place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No".

If a majority of the voters voting on that issue vote against such franchise or contract, the same shall no longer be effective on the date the election authority certifies the election results. If a majority of the qualified voters voting on such proposed franchise or contract shall vote in favor thereof, such franchise or contract shall continue to be an effective, valid and binding franchise or contract of the city and shall remain in full force and effect and cannot be repealed or amended. Nothing contained herein shall be interpreted to prohibit the granting of a franchise by the use of the right of initiative petition.

115.125. Not later than 5:00 p.m. on the [eighth] tenth Tuesday prior to any election, except a special election to decide an election contest, tie vote or an election to elect six members to serve on a school board of a district pursuant to section 162.241, RSMo, or except as provided in section 115.123, the officer or agency calling the election shall notify the election authorities responsible for conducting the election. The notice shall be in writing, shall specify the name of the officer or agency calling the election and shall include a certified copy of the legal notice to be published pursuant to subsection 2 of section 115.127. The notice and any other information required by this section may be delivered by facsimile transmission, provided that the original copy of the notice and a certified copy of the legal notice to be published shall be delivered by certified United States mail for receipt by the election authorities within ten days of the delivery by facsimile transmission. In lieu of a certified copy of the legal notice to be published pursuant to subsection 2 of section 115.127, each notice of a special election to fill a vacancy shall include the name of the office to be filled, the date of the election and the date by which candidates must be selected or filed for the office. Not later than the fourth Tuesday prior to any special election to fill a vacancy called by a political subdivision or special district, the officer or agency calling the election shall certify a sample ballot to the election authorities responsible for conducting the 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 [thirteenth] 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 [ninth] eleventh Tuesday prior to the election. The political subdivision or special district calling an election shall, before the thirteenth 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.

115.132. 1. As used in this section, the term "new resident" means a person who[, immediately prior to his moving to this state, was a resident of another state and who has been residing in this state for a period sufficient to comply with any applicable federal law next preceding a general election] moved to the state after the deadline to register to vote.

2. Every citizen of the United States who, at the time of any general election at which presidential electors or candidates for the offices of president or vice president of the United States are to be voted for, is a new resident, as defined in subsection 1 of this section, of this state, shall be entitled to vote for presidential and vicepresidential electors at that general election, but for no other officers, if [he] such citizen:

(1) Otherwise possesses the substantive qualifications to vote in this state, except the residency requirements; and

(2) Complies with the provisions of this section.

3. Any person desiring to qualify under this section as a new resident voter to vote for presidential and vicepresidential electors shall not be required to register in order to vote in the precinct in which [he] such person resides, but, not [more than nineteen days] earlier than the day after the deadline to register to vote prior to such general presidential election nor later than 7:00 p.m. on the day of such election, shall make an application at the office of the election authority in the election jurisdiction in which [he] such person resides. Such application shall be in the form of an affidavit, shall be executed in duplicate in the presence of the election authority, or any authorized officer of the election authority, and shall be in substantially the following form:

STATE OF

COUNTY OF ., ss.

I, , do solemnly swear that:

1. I am a citizen of the United States;

2. Before becoming a resident of this state, I resided at . . . . . . . . . . . . . Street, in . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . County of (Here insert name of town, township, village or city) the state of . . . . . . . . . . . . . . . . . .;

3. On the day of the next presidential election, I shall be at least eighteen years of age and I have or will have by the time of such next presidential election resided in this state (a period of time in accordance with federal law) next preceding such general presidential election and I am now residing in the . . . . . . . . . . . . . . . . . . . precinct, township of . . . . . . . . . . . . . . . . . . . . . (or in the . . . . . . . . . . . . . . . . . . . . precinct of the . . . . . . . . . . . . . ward, . . . . . . . . . Street in the city of . . . . . . . . . . . . . . . . . . . .), in the county of . . . . . . . . . . . . . . . . . , state of Missouri;

4. I believe I am entitled under the law of this state to vote at the presidential election to be held November . . . . . . . ., 19. . . .;

5. I hereby make application for a presidential and vicepresidential ballot. I have not voted and will not vote otherwise than by this ballot at that election.

Signed

(Applicant)

Subscribed and sworn to before me this . . . . . . . . . . day of . . . . . . . . . . . . ., 19. . . .

Signed

(Title and name of officer authorized to administer oath)

4. The election authority in whose office an application is filed under subsection 3 of this section shall immediately mail a duplicate of such application to the appropriate official of the state in which the new resident applicant last resided, and shall file the original of such application in its office. All applications filed with an election authority under this subsection shall be indexed alphabetically and shall be retained for a period of six months from the date of the election at which the applicant voted under this section.

5. If satisfied that an application made under this section is proper and that the applicant is qualified to vote under this section, the election authority of the election jurisdiction in which the applicant resides shall deliver to the applicant a ballot for presidential and vicepresidential electors not sooner than [nineteen days] the day after the deadline to register to vote for the next general presidential election nor later than 7:00 p.m. on the day of the next general presidential election. Upon receiving such ballot, the applicant shall mark it forthwith, in the presence of such election authority, or a duly authorized officer thereof, in a manner which prevents the election authority or officer from seeing how the ballot has been marked. The voter shall then fold the ballot in the presence of the election authority, or duly authorized officer thereof, so as to conceal the markings on the ballot, and deposit it and seal it in an envelope furnished by the election authority. The voter shall enclose the envelope containing the ballot in a carrier envelope which shall be securely sealed. There shall be imprinted on the outside of the envelope on a form substantially as follows:

DECLARATION OF NEW RESIDENT VOTER

I hereby declare that I have qualified as a new resident voter in this state to vote for presidential and vicepresidential electors. I have not applied nor do I intend to apply for any absentee voter's ballot from any other state. I have not voted and I will not vote otherwise than by this ballot.

My legal residence is in the . . . . . . . . . . . . . . . precinct, township of . . . . . . . . . . . . . . . (or in the . . . . . . . . . precinct of the . . . . . . . . . . . . ward, . . . . . . . . . . . . . . . Street in the city of . . . . . . . . . . . .), in the county of . . . . . . . . . . . . . . . . ., state of Missouri.

Dated: . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Signature of voter)

NOTE: False statement on this declaration is a class C misdemeanor.

The voter shall sign the declaration upon the carrier envelope as set forth above, and shall then deliver the sealed carrier envelope to the election authority, which shall keep the carrier envelope in its office until delivered by it to the proper election officials to be canvassed.

6. Making a false statement on any ballot declaration made [under] pursuant to subsection 5 of this section is a class C misdemeanor.

7. All election authorities which receive applications for new resident voters under this section shall keep a list of such new resident voters, which list shall be open to public inspection during the normal business hours of the election authority. Such list shall contain the names of all persons who have applied under this section, their addresses, and the date of their application.

8. All ballots marked by new resident voters as provided in this section shall be delivered and canvassed in the manner provided in the election laws of this state for absentee ballots. Except as otherwise provided in this section, the provisions of the election laws of this state relating to absentee voting shall also apply to the casting and counting of ballots and the challenging of votes by new residents, the furnishing of election supplies, the form of ballots, the canvassing of ballots, and making proper returns of the results of the election.

115.281. 1. Not later than the sixth Tuesday prior to each election, [or within fourteen days after candidates' names or questions are certified pursuant to section 115.125,] the election authority shall cause to have printed and made available a sufficient quantity of absentee ballots, ballot envelopes and mailing envelopes. As soon as possible after the proper officer calls a special state or county election, the election authority shall cause to have printed and made available a sufficient quantity of absentee ballots, ballot envelopes and mailing envelopes.

2. All absentee ballots for an election shall be in the same form as the official ballots for the election, except that in lieu of the words "Official Ballot" at the top of the ballot, the words "Official Absentee Ballot" shall appear.

115.300. In each jurisdiction using an electronic voting system [and using ballot cards as absentee ballots], the election authority may [prepare absentee ballot envelopes, as they are received for processing and tabulation on election day or on the day preceding election day] start, not earlier than the fifth day prior to the election, the preparation of absentee ballots for tabulation on the election day. The election authority shall give notice to the county chairman of each major political party fortyeight hours prior to beginning preparation of absentee ballot envelopes. Absentee ballot [envelopes] preparation shall be [prepared] completed by teams of election authority employees or teams of election judges, with each team consisting of one member from each major political party.

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 [first Monday in August] 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.

115.333. 1. When any petition is filed with the secretary of state or an election authority under the provisions of this subchapter, the secretary of state or the election authority shall determine whether or not it complies with the provisions of this subchapter. When any petition is filed with the secretary of state or an election authority under the provisions of this subchapter, the secretary of state or the election authority shall, not later than the [seventh] eleventh Tuesday prior to the general election, issue a statement setting forth [his] such person's determination. When a petition for the formation of a new party or nomination of an independent candidate for a special election is filed with the secretary of state or an election authority, the secretary of state or the election authority shall issue a statement setting forth its determination as soon as possible but in no case too late to permit placement of the party or candidate on the ballot. If the secretary of state or the election authority determines that a petition does not comply with the provisions of this subchapter, [he] such person shall state the reason for [his] such person's determination in the statement.

2. If the secretary of state or the election authority refuses to file a petition for the formation of a new party or the nomination of an independent candidate or refuses to issue a statement setting forth [his] such person's determination within the time prescribed, any registered voter may apply, within ten days after the refusal, to the circuit court for a writ of mandamus to compel [him] such person to file the petition or issue the statement. Within ten days after the secretary of state or the election authority issues a statement setting forth [his] such person's determination, any registered voter may apply to the circuit court to compel the secretary of state or the election authority to reverse [his] such person's determination. If it is decided by the court that the petition is legally sufficient, the secretary of state or the election authority shall file it, with a certified copy of the judgment attached thereto, as of the date it was originally offered for filing in [his] such person's office. On showing that any petition filed is not legally sufficient, the court may enjoin all election officials from certifying or printing the name of the independent candidate or new party and its candidates on the official ballot. All such suits shall be advanced on the court docket and heard and decided by the court as quickly as possible. Either party to the suit may appeal to the supreme court within ten days after a circuit court decision is rendered. The circuit court of Cole County shall have jurisdiction if the secretary of state is a party, and otherwise, the circuit court of the county in which the election authority is located shall have jurisdiction.

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 [his] such candidate's declaration of candidacy. Any person nominated for an office who wishes to withdraw as a candidate shall, not later than the [eighth] eleventh Tuesday prior to the general election, file a written, sworn statement of withdrawal in the office of the official who accepted [his] 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. 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 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.

115.373. 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 [seventh] 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 or disqualification shall be filed with the secretary of state or proper election authority no later than 5:00 p.m. on the twentyeighth day after the vacancy occurs or no later than 5:00 p.m. on the 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.

115.385. 1. Not later than the [tenth] twelfth Tuesday before an election at which the party's name will appear on the ballot, the state committee of each established statewide political party, the chairman of the county or district committee of each political party established for a county or district, and the provisional party chairman of each new party and group of petitioners shall select a party emblem and submit it in writing to the secretary of state. No party shall submit the American flag as an emblem. Except as provided in subsections 2 and 3 of this section, no party shall submit any emblem deceptively similar to an emblem which has been used by any other party in the past five years or is the subject of a pending certification.

2. If a new party is formed for more than one district or county at the same time, with the same name and the same provisional party chairman, the same party emblem may be submitted for the party in each such district or county.

3. Any political party established in a district or county may, by a majority vote of its committee members, authorize the use of its emblem in other districts and counties, and in the state as a whole.

4. When a party emblem is properly submitted to the secretary of state, the secretary of state shall certify the emblem to the appropriate election authorities when [he] the secretary of state certifies the names of [candidate] candidates pursuant to sections 115.387 and 115.401.

115.399. 1. Not later than the [tenth] twelfth Tuesday prior to each presidential election, the state committee of each established political party shall certify in writing to the secretary of state the names of its nominees for president and vice president of the United States.

2. Not later than the third Tuesday prior to each presidential election, the state committee of each established political party shall certify in writing to the secretary of state the names of its nominees for presidential elector. At least one qualified resident of each congressional district shall be named as a nominee for presidential elector by each state committee, and the number of nominees for presidential elector named by each state committee shall equal the number to which the state is entitled.

3. When submitted for filing, each certification made by a state committee pursuant to the provisions of subsection 2 of this section shall be accompanied by a declaration of candidacy for each candidate for presidential elector. Each declaration of candidacy shall state the candidate's full name, residence address, office for which [he] such person proposes to be a candidate and that if elected [he] the person will qualify. Each such declaration shall be in substantially the following form:

I, . . . . . . . . ., a resident of the ..... congressional district and the state of Missouri do announce myself a candidate for the office of presidential elector from the congressional district

(state at large) on the . . . . . . . . . ticket, to be voted for at the presidential election to be held on the . . . . . day of . . . . ., 19. . ., and I further declare that if nominated and elected to such office I will qualify.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . Subscribed and sworn to before

Signature of candidate me this . . . . . . . day of

. . . . . . . . ., 19. . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Residence address Signature of election official

or officer authorized to

administer oaths

Each such declaration shall be subscribed and sworn to by the candidate before the election official receiving the certification, a notary public or other officer authorized by law to administer oaths.

115.401. Not later than the [eighth] tenth Tuesday prior to each general election, the secretary of state shall send to each election authority a certified list containing the name and address of each person who has filed a declaration of candidacy in [his] the secretary of state's office and is entitled to be voted for at the general election, together with a statement of the office for which [he] such person is a candidate and the party [he] such person represents or that [he] such person is an independent candidate.

115.535. The contested election shall have preference in the order of hearing to all other cases and shall be commenced at the date set and heard day to day, including evenings and weekends if necessary, until determined. There shall be no continuances except by consent, so that the case may be concluded not later than the [seventh] tenth Tuesday prior to the general election.

Section B. Because immediate action is necessary to prepare proper and accurate ballots for use in public elections, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon its passage and approval.

Section C. Section 115.123, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 115.123, to read as follows:

115.123. 1. All public elections shall be held on Tuesday. Except as otherwise specifically provided for in this section, all public elections shall be held in April, August and November. Except bond elections necessitated by fire, vandalism or natural disaster, except elections for which ownership of real property is required by law for voting, except special elections to fill vacancies and to decide tie votes or election contests, except the presidential primary election, [except elections authorized in subsection 4 of this section, and except as otherwise expressly provided by city or county charter,] all public elections shall be held on the general election day, the primary election day, the municipal primary day, if held in February or March for an April municipal general election, the municipal general election day if held in April, the first Tuesday after the first Monday in [February, except in presidential election years, March, June,] August[,] or November [or with an election on another day expressly provided by city or county charter. The election authority of each county shall make the selection of either the February or March election date, but not both dates for the same political subdivision or special district. After January 1, 1978,]. No city or county shall adopt a charter or charter amendment which calls an election on any day other than the [February or March,] April, [June,] August[,] or November election days specified in this section. Except that a charter may have a February or March primary election date for an April general election.

2. [Notwithstanding the provisions of subsection 1 of this section, school districts may hold special levy elections on the first Tuesday after the first Monday in October.] Elections held in February or March shall be for municipal primary elections for the purpose of selecting candidates for the April municipal general election or school districts may hold special levy elections on such dates.