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Section: 115.0019 Voters may petition to establish a board of election commissioners, procedure--form of petition. RSMO 115.019


Published: 2015

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Missouri Revised Statutes













Chapter 115

Election Authorities and Conduct of Elections

←115.017

Section 115.019.1

115.021→

August 28, 2015

Voters may petition to establish a board of election commissioners, procedure--form of petition.

115.019. 1. Any group of registered voters from any county of the first

classification not having a board of election commissioners may circulate a

petition for the formation of a board.



2. The petition shall be signed by the number of registered voters in the

county equal to at least fifteen percent of the total votes cast in the

county for governor at the last gubernatorial election.



3. Petitions proposing the formation of a board of election commissioners

in any county of the first classification shall be filed with the election

authority of the county not later than 5:00 p.m. on the thirteenth Tuesday

preceding a general election.



4. Each petition for the formation of a board of election commissioners

shall consist of sheets of uniform size. The space for signatures on either

side of a petition page shall be no larger than eight and one-half by fourteen

inches, and each page shall contain signatures of registered voters from only

one county. Each page of each petition for the formation of a board of

election commissioners shall be in substantially the following form:

To the Honorable ......................................, county clerk of

......................... County:



We, the undersigned, citizens and registered voters of ..................

County, respectfully order that the following question be placed on the

official ballot, for acceptance or rejection, at the next general election to

be held on the ................. day of ............., ..........:



"Should a board of election commissioners be established in

.............. County to assume responsibility for the registration of voters

and the conduct of elections?";

and each for himself or herself says: I have personally signed this petition;

I am a registered voter of the state of Missouri and ............ County; my

registered voting address and the name of the city, town or village in which

I live are correctly written after my name.

CIRCULATOR'S AFFIDAVIT

STATE OF MISSOURI, COUNTY OF ...............

I, ..................., a resident of the state of Missouri, being first duly

sworn, say (print or type names of signers)



REGISTERED



VOTING NAME DATE ADDRESS ZIP CONG NAME

(Signature)SIGNED (Street) CODE DIST. (Printed



(City, Town or or Village)



Typed)



(Here follow numbered lines for signers)

signed this page of the foregoing petition, and each of them signed his or her

name thereto in my presence; I believe that each has stated his or her name,

registered voting address and city, town or village correctly, and that each

signer is a registered voter of the state of Missouri and ........... County.



Signature of Affiant



(Person obtaining signatures)



Address of Affiant

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

................., A.D. .............



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



Signature of Notary

Notary Public (Seal)

My commission expires ..................................

If this form is followed substantially, it shall be sufficient, disregarding

clerical and merely technical errors.



5. The validity of each petition filed pursuant to provisions of this

section shall be determined in the manner provided for new party and

independent candidate petitions in sections 115.333, 115.335 and 115.337.



6. Upon the filing of a valid petition for the formation of a board of

election commissioners or upon a majority vote of the county commission in

any county of the first classification with more than eighty-two thousand but

fewer than eighty-two thousand one hundred inhabitants, it shall be the duty

of the election authority to have the following question placed on the

official ballot, in the same manner other questions are placed, at the next

general election:



"Should a board of election commissioners be established in

................... County to assume responsibility for the registration of

voters and the conduct of elections?"



7. The votes for and against the question shall be counted and certified

in the same manner as votes on other questions.



8. If the question is approved by a majority of the voters at the

election, a board of election commissioners shall be appointed as provided in

this subchapter and shall have the same rights and responsibilities provided

by law for all boards of election commissioners.



9. Any person who is a registered voter of a county of the first

classification not having a board of election commissioners may sign a

petition for the formation of a board in the county. Any person who signs a

name other than the person's own to any petition or knowingly signs the

person's name more than once to the same petition or who knows the person is

not a registered voter at the time of signing such petition, or any officer

or person willfully violating any provision of this section shall be guilty

of a class two election offense.



(L. 1977 H.B. 101 § 2.010, A.L. 1986 H.B. 1471, et al., A.L. 1997

S.B. 132, A.L. 1999 H.B. 676, A.L. 2005 H.B. 58 merged with

H.B. 342 merged with S.B. 210)





1999



1999



115.019. 1. Any group of registered voters from any county of the first

class not having a board of election commissioners may circulate a petition

for the formation of a board.



2. The petition shall be signed by the number of registered voters in

the county equal to at least fifteen percent of the total votes cast in the

county for governor at the last gubernatorial election.



3. Petitions proposing the formation of a board of election

commissioners in any county of the first class shall be filed with the

election authority of the county not later than 5:00 p.m. on the thirteenth

Tuesday preceding a general election.



4. Each petition for the formation of a board of election commissioners

shall consist of sheets of uniform size. The space for signatures on either

side of a petition page shall be no larger than eight and one-half by fourteen

inches, and each page shall contain signatures of registered voters from only

one county. Each page of each petition for the formation of a board of

election commissioners shall be in substantially the following form:

To the Honorable ......................................, county clerk of

......................... County:



We, the undersigned, citizens and registered voters of ..................

County, respectfully order that the following question be placed on the

official ballot, for acceptance or rejection, at the next general election to

be held on the ................. day of ............., ..........:



"Should a board of election commissioners be established in

.............. County to assume responsibility for the registration of voters

and the conduct of elections?";

and each for himself or herself says: I have personally signed this

petition; I am a registered voter of the state of Missouri and ............

County; my registered voting address and the name of the city, town or village

in which I live are correctly written after my name.





CIRCULATOR'S AFFIDAVIT STATE OF MISSOURI, COUNTY OF .....................





I, ..................., a resident of the state of Missouri, being first duly

sworn, say (print or type names of signers)



REGISTERED VOTING NAME DATE ADDRESS

ZIP CONGR. NAME (Signature) SIGNED (Street)(City, CODE

DIST. (Printed



Town or Village) or Typed)



(Here follow numbered lines for signers)

signed this page of the foregoing petition, and each of them signed his or

her name thereto in my presence; I believe that each has stated his or her

name, registered voting address and city, town or village correctly, and that

each signer is a registered voter of the state of Missouri and ...........

County.



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



Signature of Affiant



(Person obtaining signatures)



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



Address of Affiant

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

................., A.D. .............



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



Signature of Notary

Notary Public (Seal)

My commission expires ..........................................

If this form is followed substantially, it shall be sufficient, disregarding

clerical and merely technical errors.



5. The validity of each petition filed pursuant to provisions of this

section shall be determined in the manner provided for new party and

independent candidate petitions in sections 115.333, 115.335 and 115.337.



6. Upon the filing of a valid petition for the formation of a board of

election commissioners, it shall be the duty of the election authority to have

the following question placed on the official ballot, in the same manner other

questions are placed, at the next general election:



"Should a board of election commissioners be established in

................... County to assume responsibility for the registration of

voters and the conduct of elections?"



7. The votes for and against the question shall be counted and certified

in the same manner as votes on other questions.



8. If the question is approved by a majority of the voters at the

election, a board of election commissioners shall be appointed as provided in

this subchapter and shall have the same rights and responsibilities provided

by law for all boards of election commissioners.



9. Any person who is a registered voter of a county of the first class

not having a board of election commissioners may sign a petition for the

formation of a board in the county. Any person who signs a name other than

the person's own to any petition or knowingly signs the person's name more

than once to the same petition or who knows the person is not a registered

voter at the time of signing such petition, or any officer or person willfully

violating any provision of this section shall be guilty of a class two

election offense.



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