Missouri Revised Statutes
Chapter 57
Sheriffs
←57.070
Section 57.080.1
57.090→
August 28, 2015
Vacancy in office, how filled--private person may execute process, when.
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 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, 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 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.
(RSMo 1939 § 13143, A.L. 1978 H.B. 971, A.L. 1979 S.B. 275, A.L. 1996
H.B. 1557 & 1489, A.L. 2005 S.B. 176, A.L. 2010 H.B. 1516
Revision merged with H.B. 1965)
Prior revisions: 1929 § 11523; 1919 § 11647; 1909 § 11217
2005
1996
2005
57.080. 1. 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 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, 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 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.
*2. Notwithstanding the provisions of this section to the contrary,
if a vacancy occurs in the office of the sheriff in any county of the first
classification with more than seventy-one thousand three hundred but fewer
than seventy-one thousand four hundred inhabitants, the election to fill
such vacancy shall be held on the general municipal election day as
provided for in section 115.121, RSMo. The provisions of this subsection
shall expire on June 1, 2005.
1996
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 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, 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 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.
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