HOUSE BILL NO. 1235 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE TERRY.
2566H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapters 78, 79, and 80, RSMo, by adding thereto nine new sections relating to recalls of elected city officials.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 78, 79, and 80, RSMo, are amended by adding thereto nine new 2 sections, to be known as sections 78.650, 78.655, 78.660, 79.650, 79.655, 79.660, 80.562, 3 80.564, and 80.566, to read as follows: 78.650. 1. The holder of any elective office in a city of the third classification 2 with an optional form of government organized under this chapter may be removed by 3 the qualified voters of such city by recall petition in accordance with the procedure set 4 out in sections 78.650 to 78.660 subject to the following limitations: 5 (1) The officer has held office for at least six months; 6 (2) More than one recall petition may be filed for each officer but not less than 7 six months after voter disapproval of the officer's most recent recall petition; and 8 (3) The recalled officer shall not be a candidate for a special election held to fill 9 the vacancy created by such officer's recall, nor shall such recalled officer be appointed 10 by the appointing authority to fill the vacancy. 11 2. (1) A petition demanding the recall of an individual from elective office shall 12 be signed by voters entitled to vote for a successor to the incumbent sought to be 13 recalled, equal in number to at least twenty-five percent of the total number of 14 registered voters in such city eligible to vote for such successor. The signatures to the 15 petition need not all be appended to one paper but each signer shall include with the 16 signature the street and number of the signer's place of residence and the date signed.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1235 2
17 (2) Such petition for recall shall be filed with the election authority of the county 18 in which the city is located within sixty days after the date of the earliest signature on 19 the petition. 20 (3) One of the signers of each such petition shall swear or affirm before an 21 officer competent to administer oaths that the statements made in the petition are true 22 as such signer believes and that each signature appended to the petition is the genuine 23 signature of the individual whose name such signature purports to be. 24 (4) Such petition shall contain a statement of the reasons for which recall is 25 sought, which shall not be more than two hundred words in length. The authorized 26 reasons for recall are misconduct in office, incompetence, or failure to perform duties 27 prescribed by law. 78.655. 1. Within ten days after the date of filing such recall petition, the election 2 authority of the county in which such city is located shall examine and ascertain from 3 the voters' register whether the petition is signed by the requisite number of voters. If 4 necessary, the board of alders shall allow the election authority extra help for such 5 purpose. The election authority shall attach the election authority's certificate showing 6 the result of the examination to the petition. 7 2. If, by the election authority's certificate, the petition is shown to be 8 insufficient, the petition may be amended within ten days after the date of the 9 certificate. The election authority shall, within ten days after such amendment, conduct 10 a similar examination of the amended petition. If the election authority certifies that the 11 amended petition is insufficient, the petition shall be returned to the individual filing the 12 petition, without prejudice to the filing of a new petition to the same effect. 13 3. If the petition is deemed to be sufficient, the election authority shall submit the 14 petition to the board of alders without delay and the board of alders shall order the 15 question to be submitted to the voters of the city. 78.660. 1. A special election shall be held on the recall petition as soon as 2 practicable and as may be determined by the election authority. 3 2. The question to be submitted to the voters at such election shall be in 4 substantially the following form: 5 ☐ FOR the removal of ______ (name of officer) from the 6 office of ______ (title of office) 7 ☐ AGAINST the removal of ______ (name of officer) from 8 the office of ______ (title of office) 9 3. If a majority of the qualified electors voting on the question at such election 10 vote for the removal of such officer, a vacancy shall exist in such office. If a majority of HB 1235 3
11 the qualified electors voting on the question at such election vote against the removal of 12 such officer, such officer shall continue to serve during the term for which elected. 79.650. 1. The holder of any elective office in a city of the fourth classification 2 may be removed by the qualified voters of such city by recall petition in accordance with 3 the procedure set out in sections 79.650 to 79.660 subject to the following limitations: 4 (1) The officer has held office for at least six months; 5 (2) In the case of an office for a term of two years only, one recall petition may be 6 filed during such term; 7 (3) For a term of office more than two years, additional recall petitions may be 8 filed but not less than six months after voter disapproval of the officer's most recent 9 recall petition; and 10 (4) The recalled officer shall not be a candidate for a special election held to fill 11 the vacancy created by such officer's recall, nor shall such recalled officer be appointed 12 by the appointing authority to fill the vacancy. 13 2. (1) A petition demanding the recall of an individual from elective office shall 14 be signed by voters entitled to vote for a successor to the incumbent sought to be 15 recalled, equal in number to at least twenty-five percent of the total number of 16 registered voters in such city eligible to vote for such successor. The signatures to the 17 petition need not all be appended to one paper but each signer shall include with the 18 signature the street and number of the signer's place of residence and the date signed. 19 (2) Such petition for recall shall be filed with the election authority of the county 20 in which the city is located within sixty days after the date of the earliest signature on 21 the petition. 22 (3) One of the signers of each such petition shall swear or affirm before an 23 officer competent to administer oaths that the statements made in the petition are true 24 as such signer believes and that each signature appended to the petition is the genuine 25 signature of the individual whose name such signature purports to be. 26 (4) Such petition shall contain a statement of the reasons for which recall is 27 sought, which shall not be more than two hundred words in length. The authorized 28 reasons for recall are misconduct in office, incompetence, or failure to perform duties 29 prescribed by law. 79.655. 1. Within ten days after the date of filing such recall petition, the election 2 authority of the county in which such city is located shall examine and ascertain from 3 the voters' register whether the petition is signed by the requisite number of voters. If 4 necessary, the board of alders shall allow the election authority extra help for such 5 purpose. The election authority shall attach the election authority's certificate showing 6 the result of the examination to the petition. HB 1235 4
7 2. If, by the election authority's certificate, the petition is shown to be 8 insufficient, the petition may be amended within ten days after the date of the 9 certificate. The election authority shall, within ten days after such amendment, conduct 10 a similar examination of the amended petition. If the election authority certifies that the 11 amended petition is insufficient, the petition shall be returned to the individual filing the 12 petition, without prejudice to the filing of a new petition to the same effect. 13 3. If the petition is deemed to be sufficient, the election authority shall submit the 14 petition to the board of alders without delay and the board of alders shall order the 15 question to be submitted to the voters of the city. 79.660. 1. A special election shall be held on the recall petition as soon as 2 practicable and as may be determined by the election authority. 3 2. The question to be submitted to the voters at such election shall be in 4 substantially the following form: 5 ☐ FOR the removal of ______ (name of officer) from the 6 office of ______ (title of office) 7 ☐ AGAINST the removal of ______ (name of officer) from 8 the office of ______ (title of office) 9 3. If a majority of the qualified electors voting on the question at such election 10 vote for the removal of such officer, a vacancy shall exist in such office. If a majority of 11 the qualified electors voting on the question at such election vote against the removal of 12 such officer, such officer shall continue to serve during the term for which elected. 80.562. 1. The holder of any elective office in a village may be removed by the 2 qualified voters of such village by recall petition in accordance with the procedure set 3 out in sections 80.562 to 80.566 subject to the following limitations: 4 (1) The officer has held office for at least six months; 5 (2) More than one recall petition may be filed for each officer but not less than 6 six months after voter disapproval of the officer's most recent recall petition; and 7 (3) The recalled officer shall not be a candidate for a special election held to fill 8 the vacancy created by such officer's recall, nor shall such recalled officer be appointed 9 by the appointing authority to fill the vacancy. 10 2. (1) A petition demanding the recall of an individual from elective office shall 11 be signed by voters entitled to vote for a successor to the incumbent sought to be 12 recalled, equal in number to at least twenty-five percent of the total number of 13 registered voters in such village eligible to vote for such successor. The signatures to the 14 petition need not all be appended to one paper but each signer shall include with the 15 signature the street and number of the signer's place of residence and the date signed. HB 1235 5
16 (2) Such petition for recall shall be filed with the election authority of the county 17 in which the village is located within sixty days after the date of the earliest signature on 18 the petition. 19 (3) One of the signers of each such petition shall swear or affirm before an 20 officer competent to administer oaths that the statements made in the petition are true 21 as such signer believes and that each signature appended to the petition is the genuine 22 signature of the individual whose name such signature purports to be. 23 (4) Such petition shall contain a statement of the reasons for which recall is 24 sought, which shall not be more than two hundred words in length. The authorized 25 reasons for recall are misconduct in office, incompetence, or failure to perform duties 26 prescribed by law. 80.564. 1. Within ten days after the date of filing such recall petition, the election 2 authority of the county in which such village is located shall examine and ascertain from 3 the voters' register whether the petition is signed by the requisite number of voters. If 4 necessary, the board of trustees shall allow the election authority extra help for such 5 purpose. The election authority shall attach the election authority's certificate showing 6 the result of the examination to the petition. 7 2. If, by the election authority's certificate, the petition is shown to be 8 insufficient, the petition may be amended within ten days after the date of the 9 certificate. The election authority shall, within ten days after such amendment, conduct 10 a similar examination of the amended petition. If the election authority certifies that the 11 amended petition is insufficient, the petition shall be returned to the individual filing the 12 petition, without prejudice to the filing of a new petition to the same effect. 13 3. If the petition is deemed to be sufficient, the election authority shall submit the 14 petition to the board of trustees without delay and the board of trustees shall order the 15 question to be submitted to the voters of the village. 80.566. 1. A special election shall be held on the recall petition as soon as 2 practicable and as may be determined by the election authority. 3 2. The question to be submitted to the voters at such election shall be in 4 substantially the following form: 5 ☐ FOR the removal of ______ (name of officer) from the 6 office of ______ (title of office) 7 ☐ AGAINST the removal of ______ (name of officer) from 8 the office of ______ (title of office) 9 3. If a majority of the qualified electors voting on the question at such election 10 vote for the removal of such officer, a vacancy shall exist in such office. If a majority of HB 1235 6
11 the qualified electors voting on the question at such election vote against the removal of 12 such officer, such officer shall continue to serve during the term for which elected. ✔
Statutes affected: