I Have A Question

12 Friday Sep 2008

Posted by Michael Bersin in Uncategorized

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This just in from the inbox: A Missouri voter wants to know what the process is for replacing a candidate on the ballot for a statewide election. Not sure why but a fascinating question. Anybody know the answer?

What makes me really curious is why would someone want to replace a candidate on the ballot at this late date? Is it because they want to or the State of Missouri might have to?

2 thoughts on “I Have A Question”

Michael Bersin said:

September 12, 2008 at 9:57 pm

Party nominating committee to select candidate, when.
115.363…
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 at or before 5:00 p.m. on the fourth Tuesday prior to the general election;
(2) If the person nominated as the party candidate is disqualified at or before 5:00 p.m. on the sixth Tuesday prior to the general election;
(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;
(4) If a candidate for nomination to an office in which the person is the party’s only candidate dies after 5:00 p.m. on the fourth Tuesday prior to any primary election, 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 5:00 p.m. on the sixth Tuesday before any primary election.
4. If a person nominated as a party’s candidate who is unopposed shall die at or before 5:00 p.m. on the fourth Tuesday prior to the general election, is 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.
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.

Nominating committee designated as to certain offices.
115.365. 1. The nominating committee authorized to select a candidate for nomination or election to office pursuant to section 115.363 shall be one of the following:
(1) To select a candidate for county office, the nominating committee shall be the county committee of the party;
(2) To select a candidate for state representative, the nominating committee shall be the legislative district committee of the party;
(3) To select a candidate for state senator, the nominating committee shall be the senatorial district committee of the party;
(4) To select a candidate for circuit court judge not subject to the provisions of article V, section 25 of the state constitution, the nominating committee shall be the judicial district committee of the party;
(5) To select a candidate for representative in Congress, the nominating committee shall be the congressional district committee of the party;
(6) To select a candidate for statewide office, the nominating committee shall be the state committee of the party.
2. After any decennial redistricting, the nominating committee shall be composed from the new districts, and the new district lines shall be used in the selection of a candidate; provided, however, that members of nominating committees for candidates for special elections to fill vacancies conducted pursuant to section 21.130, RSMo, shall be from the old districts.

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