Bill Text: MO HB189 | 2013 | Regular Session | Introduced
Bill Title: Establishes procedures for general elections following primary elections that have resulted in a tie vote between candidates for a county office.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-01-31 - Referred: Elections(H) [HB189 Detail]
Download: Missouri-2013-HB189-Introduced.html
FIRST REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES MUNTZEL (Sponsor), JONES (50), LOVE, REMOLE, MILLER, DOHRMAN, KOLKMEYER, COX, ROWDEN, NEELY AND BERRY (Co-sponsors).
0293H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 115, RSMo, by adding thereto one new section relating to primary election results.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 115, RSMo, is amended by adding thereto one new section, to be known as section 115.131, to read as follows:
115.131. 1. Notwithstanding the provisions of section 115.515 or any other provision to the contrary, in the event there is a tie vote between two candidates in a primary election for a county office, each candidate who failed to win the election as a result of the tie shall be permitted to place his or her name on the ballot at the general election. However, his or her name shall appear on the ballot with no political party designation.
2. If any candidate eligible to place his or her name on the ballot at the general election under subsection 1 of this section declines to do so, the remaining candidate shall be declared to have won the primary election and may appear on the general election ballot as the candidate for the political party in which the primary was held.
3. No votes for a write-in candidate shall be allowed at a general election held in accordance with subsection 1 of this section unless only one candidate’s name is on the ballot, in which case that candidate is to be designated as a candidate for the political party in which he or she ran in the primary and write-in candidate votes shall be allowed.
4. The provisions of this section shall apply only in the case of an uncontested general election in which the candidates who tie during a political party primary are the only candidates eligible to run for the county office because that all other political party or independent candidates have not met the requisite filing requirements to run for such office.
5. If a general election is contested as a result of this section, any tie vote in a political party primary shall be resolved under section 115.515 prior to the general election.
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