PHILLIPS, TUDOR, BLUNT, KASTEN AND SUMMERS .
Pre-filed December 20, 1999, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To amend chapter 106, RSMo, relating to removal and impeachment of public officers, by adding thereto six new sections, relating to recall of elected officials in certain counties.
Section A. Chapter 106, RSMo, is amended by adding thereto six new sections, to be known as sections 106.300, 106.305, 106.310, 106.315, 106.320 and 106.325, to read as follows:
106.300. In addition to the removal procedures adopted pursuant to sections 106.230 to 106.290, the registered voters of any county of the third classification may remove the holder of any elective office in such county by recall petition pursuant to sections 106.300 to 106.325, provided that:
(1) The officer has held office for at least six months;
(2) For a term of office of two years only, no more than one such recall petition shall be filed during such term;
(3) For a term of office more than two years, additional recall petitions may be filed, provided that six months have passed since voter disapproval of the last such recall petition;
(4) The recalled officer shall not be a candidate to succeed himself or herself at a special election held to fill the vacancy created by such recall, nor shall such officer be appointed by the appointing authority to fill the vacancy.
106.305. 1. A recall petition filed pursuant to sections 106.200 to 106.325 shall be:
(1) Signed by a number of registered voters in such county equal to or greater than twenty-five percent of the total number of votes cast at the last election for the office for which the recall is being sought; and
(2) Filed with the county clerk within sixty days after the date of the earliest signature on the petition.
2. Before any signature shall be affixed to any such petition, the petition shall include:
(1) A request that an election be called to elect a successor to the officer;
(2) A statement, not more than two hundred words in length, demanding the recall of such officer and the reasons for which recall is sought. The reasons for recall shall include, but are not limited to, misconduct in office, incompetence or failure to perform duties prescribed by law; and
(3) A place where each signer shall affix his or her signature, printed name, residence address and date of signature.
3. Each section of the petition, when submitted to the county clerk, shall have attached to it an affidavit signed by the circulator of that section, setting forth all of the following:
(1) The printed name of the affiant;
(2) The residence address of the affiant;
(3) That the affiant circulated that section and saw the appended signatures be written;
(4) That according to the best information and belief of the affiant, each signature is the genuine signature of the person whose name it purports to be;
(5) That the affiant is a registered voter of the county;
(6) The number of signature pages in such section; and
(7) The dates between which all the signatures in such section were obtained.
106.310. Within ten days from the date of filing such petition, the county clerk of such county shall examine and from the voters' register ascertain whether or not such petition is signed by the requisite number of voters, and if necessary, the governing body of the county shall allow the clerk extra help for that purpose. The clerk shall attach to such petition his or her certificate, showing the result of the examination. If by the clerk's certificate the petition is shown to be insufficient, it may be amended within ten days from the date of such certificate. The clerk shall, within ten days after such amendment, make like examination of the amended petition, and if the certificate shall then show the amended petition to be insufficient, it shall be returned to the person filing such amended petition. Such a return by the clerk shall be without prejudice to the filing of a new petition to the same effect. If the petition shall be deemed to be sufficient, the clerk shall submit the petition to the governing body of the county without delay, and the governing body shall order the question to be submitted to the voters of such county.
106.315. 1. A special election shall be held on the recall petition as soon as practicable after the order of submission of the question by the governing body. The question to be presented to the voters at such election shall be in substantially the following form:
"Shall ...........(name of officer) be removed from the office of .............(title of office)?
YES NO"
2. If a majority of the qualified electors voting on the question at such election shall vote in favor of the removal of such officer, 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 officer, such officer shall continue to serve during the term for which elected.
106.320. In the event that the county clerk is the officer whose removal is sought, then the governing body of the county or its designee shall fulfill all duties prescribed to the county clerk by sections 106.300 to 106.315.
106.325. The provisions of chapter 115, RSMo, governing the conduct of elections shall apply, where appropriate,
to recall elections held pursuant to sections 106.300 to 106.320. The costs of such election shall be paid pursuant to
chapter 115, RSMo.
Missouri House of Representatives