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BULLET St. Louis City Revised Code Chapter 2.08 Election Rules and Procedures

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.


 

Chapter 2.08
Election Rules and Procedures

Sections:

2.08.010 Nominations.
2.08.020 Primary--Date.
2.08.030 Primary--Notice.
2.08.040 Primary--Supplemental notice.
2.08.050 Declaration of intent.
2.08.060 Candidate payment to political party.
2.08.070 Independent candidate payment.
2.08.080 One declaration per candidate--Filing.
2.08.090 Election notice--Contents--Publishing.
2.08.100 Election notice--Publishing requirements.
2.08.110 Ballots--Candidates names.
2.08.120 Ballots--Sample--Distribution.
2.08.130 Primary expenses.
2.08.140 Tickets.
2.08.150 Exception to printed ballot.
2.08.160 Vacancies of nominee.
2.08.170 Voter qualifications.
2.08.180 Challengers and witnesses.
2.08.190 Rejection of ballot--Party change.
2.08.200 Canvass of votes.
2.08.210 Returns--Required.
2.08.220 Returns--Procedure.
2.08.230 Party candidate--Determination.
2.08.240 Party candidate--Ties.
2.08.250 Board of election commissioners to prepare blanks.
2.08.260 Designation of judges and clerks.
2.08.270 Declaration of results--Certificate of nomination.
2.08.280 Statutes regulating elections to apply to primaries.
2.08.290 Vacancies occurring after last day for filing.
2.08.300 Central committees to file certificate of nomination.
2.08.310 Nominees to be placed on ballot.
2.08.320 Provisions for nomination--Candidates of parties having no central committee.
2.08.330 Provisions for nomination--Nonpartisan candidate.
2.08.340 Substitute candidates.
2.08.350 Primary elections of City officers to be separate from general state primary.
2.08.360 General state elections to be separate from election of candidates for City offices.
2.08.370 Change of date of filing declaration of candidacy.
2.08.380 Sections 122.650 and 122.660 R.S. Mo., 1969.
2.08.390 Election statutes incorporated.
2.08.400 Filing and withdrawal.
2.08.410 City register duties.
2.08.420 Publication of list of offices to be filled.
2.08.430 Payment of all taxes and fees by candidates for elective City offices.

V.A.M.S.:

Chs. 115--135 Suffrage and Elections

City Counselor Ops.: 8839

Cases:

Ordinance requiring separate ballots and ballot boxes for nomination and election of city officers at general state primaries and elections is invalid. State v. Barrett, 181 S.W. 2d 493, 352 Mo. 1130 (1944).

Statute providing that conduct of elections in cities of 600,000 or more shall be governed by such statute and the general election laws withdraw all authority from St. Louis respecting such subject, to with permanent registration and conduct of elections. State v. Barrett, 181 S.W. 2d 493, 352 Mo. 1130 (1944).

Phrase "at the time," in statute prohibiting election or appointment to office of person who shall at the time be in arrears for any unpaid city taxes, refers to time polls close on election day, not time of filing of declaration of candidacy. VAMS 79.250 In re Williams, 943 S.W.2d 244 (Mo. App. E.D. 1977).

2.08.010 Nominations.

Except as in this chapter otherwise provided, hereafter all candidates for elective City offices to be voted for at any general state election, shall be nominated at a primary election by the direct vote of the qualified voters of the City; provided, however, that in the cases of candidates for membership of the Board of Aldermen they shall be nominated by the direct vote of the qualified voters of the ward from which an Alderman is to be elected.
(1948 C. Ch. 20 7: 1960 C. 76.010.)

V.A.M.S.:

115.339 Nominations, how made

Cases:

A candidate for a city office in St. Louis at a general city election which is not held at the time of a general state election can be nominated as such candidate in a primary election only if he is a member of a political party. Priesler v. City of St. Louis, 322 S.W. 2d 748 (1959).

2.08.020 Primary--Date.

The primary election shall be held in the regular polling places in each precinct on the first Tuesday of August, 1944, and biennially thereafter for the nomination of candidates for elective City offices, if any, to be voted for at the next general state election.
(1948 C. Ch. 20 8: 1960 C. 76.020.)

V.A.M.S.:

115.341 Primary elections, when held

2.08.030 Primary--Notice.

At least fifteen days prior to the last day for filing as a candidate in the primary herein provided for, the Board of Election Commissioners shall begin publication of a notice of the municipal primary provided for herein, which the notice shall designate the elective City officers, if any, to be nominated at the primary, a list of which shall be obtained from the City register. The list shall be published once each week for four consecutive weeks in at least two and not to exceed four newspapers of general circulation in the City.
(1948 C. Ch. 20 9: 1960 C. 76.030.)

2.08.040 Primary--Supplemental notice.

In the event that any vacancy shall arise in any elective City office, subsequent to the time of the commencement of the publication of notice, the Board of Election Commissioners shall publish a supplementary notice designating such office and announcing that candidates therefor shall be nominated at the primary, the notice to conform as nearly as may be to the notice provided for in Section 2.08.030, having regard to limitations of time.
(1948 C. Ch. 20 10: 1960 C. 76.040.)

2.08.050 Declaration of intent.

The name of no candidate shall be printed upon any official ballot at any primary election held under the provisions of this chapter, unless at least sixty days prior to the primary a written declaration shall have been filed by the candidate, as provided in this chapter, stating his full name, residence, office for which he proposes as a candidate, the party upon whose ticket he is to be a candidate, that if nominated and elected to such office he will qualify, and the declaration shall be in substantially the following form:

I, the undersigned, a resident and qualified elector of the ________ precinct of the ________ ward of the City of St. Louis and State of Missouri, do announce myself a candidate for the office of ________ on the ________ ticket, to be voted for at the primary election to be held on the first Tuesday in August ________ and I further declare that if nominated and elected to such office I will qualify.

(Signed) ____
(1948 C. Ch. 20 11: 1960 C. 76.050.)

2.08.060 Candidate payment to political party.

Each candidate previous to filing declaration papers as prescribed by Section 2.08.050 shall pay to the treasurer of the city central committee of the political party upon whose ticket he proposes as a candidate and seeks nomination, one percent of the annual salary of the office for which he is a candidate, and take a receipt therefor, and file such receipt with and at the same time he files his declaration papers. The sums of money, so paid by the several candidates, shall be evidence of their good faith in filing declaration papers, and shall be used as an expense fund by the several political parties upon whose tickets the various candidates propose as candidates and seek nomination after such nominations are made. It is the intent of this section that no sums or parts of the money so paid in shall be used by such treasurer or other member of such committee, or other person to procure or to defeat the nomination of any candidates who file declarations and seek nomination under the provisions of this chapter.
(Ord. 58267 2, 1981: prior 1948 C. Ch. 20 12: 1960 C. 76.060.)

V.A.M.S.:

115.356 Filing fees--declaration of inability to pay, form of

2.08.070 Independent candidate payment.

Any person desiring to file declaration papers, or propose as a candidate on any independent or nonpartisan ticket, who does not announce by declaration papers as a candidate for any political party as defined by law, and is not a member of a political party having a state or city committee, or treasurer thereof, shall pay the sum of money required by this chapter to be paid by the candidate for the office for which he proposes to the treasurer of the city; take a receipt therefor, and file this receipt with his declaration papers. The sum of money, so paid, shall go into the general revenue fund of the city.
(1948 C. Ch. 20 13: 1960 C. 76.070.)

2.08.080 One declaration per candidate--Filing.

No person shall file more than one written declaration indicating the party designation under which his name is to be printed on the ballot of candidates for elective city offices. All declaration papers shall be filed with the board of election commissioners.
(1948 C. Ch. 20 14: 1960 C. 76.080.)

V.A.M.S.:

115.351 Candidate may not file for more than one office

2.08.090 Election notice--Contents--Publishing.

The board of election commissioners shall publish, under the proper party designation, the title to each office, the name and addresses of all persons who shall have filed declaration papers, the date of the primary, the hours during which the polls will be open and that the primary will be held at the regular polling places in each precinct. It shall be the duty of the board to publish the notice for three consecutive weeks next prior to the primary.
(1948 C. Ch. 20 15: 1960 C. 76.090.)

V.A.M.S.:

115.389 Election authority to publish list of candidates, date of election and hours the polls will open

2.08.100 Election notice--Publishing requirements.

Each publication required in this chapter shall be made in not less than two newspapers of general circulation; one of the newspapers shall represent the political party that cast the largest vote in the city at the preceding election and one of the newspapers shall represent the political party that cast the next largest vote at such election. In any case where the publication of notice cannot be made as hereinbefore required, it may be made in any newspaper having a general circulation in the city.
(1948 C. Ch. 20 16: 1960 C. 76.100.)

V.A.M.S.:

115.127 Notice of elections, how, when given

2.08.110 Ballots--Candidates names.

A ballot for candidates for elective city offices to be voted on at the next general state election shall be printed and provided for use at each voting precinct in the form provided herein. The names of all such candidates, who shall have filed declaration papers as prescribed in this chapter, shall be printed thereon.;hnexis;(1948 C. Ch. 20 17: 1960 C. 76.110.)

V.A.M.S.:

115.237 Ballots, contents of--form of

2.08.120 Ballots--Sample--Distribution.

At least twenty days before the primary election herein provided for is held, the board of election commissioners shall prepare sample official ballots, placing thereon alphabetically, under the appropriate title of each office and party designation, the names of all candidates to be voted for. The sample ballot shall be printed upon tinted or colored paper, and shall contain no blank endorsement or certificate. The board of election commissioners shall forthwith submit the ticket of each party to the chairman of the city central committee, and mail a copy to each candidate to his postoffice address, as given in his declaration paper, and they shall post a copy of each sample ballot in a conspicuous place in their office. On or before the tenth day before the holding of any primary election, the board of election commissioners shall correct any errors or omissions in the ballots, cause the same to be printed and distributed, as required by law in the case of ballots for the general election, except that the number of ballots to be furnished to each precinct shall be one and a half times the number of votes cast by any party in the past preceding election and having nominees and tickets at such primary election.
(1948 C. Ch. 20 18: 1960 C. 76.120.)

2.08.130 Primary expenses.

All ballots, blanks and other supplies to be used at any primary election held under the provisions of this chapter, and all expenses necessarily incurred in the preparation for or in conducting such primary, shall be paid out of the treasury of the city.
(1948 C. Ch. 20 19: 1960 C. 76.130.)

V.A.M.S.:

115.061 et seq. Costs of elections

2.08.140 Tickets.

At all primaries there shall be as many separate tickets as there are parties entitled to participate in the primary election. There shall also be a nonpartisan ticket, upon which, under appropriate title of each office, shall be printed the names of all persons by whom declaration papers shall have been filed, as required by this chapter, who do not announce by declaration papers as candidates for any political party, as defined by this chapter. The names of all candidates shall be arranged under the appropriate title of the respective offices, and under the proper party designation upon the party ticket, and upon the nonpartisan ticket, as the case may be. The names of the candidates for each office shall be so altered on the ballots used in the several election precincts, that each name shall appear thereon substantially an equal number of times at the top, at the bottom and in each intermediate place, if any, of the lists or group of names in which the candidate's name belongs, and all officers charged with the preparation and distribution of ballots shall cause the printer's forms to be so transposed and the ballots so made up as to carry out the intent of this provision. If any elector writes upon his ticket the name of any person who is a candidate for the same office upon some other ticket than that upon which his name is so written, this ballot shall not be counted for such person. On any day of nomination of elective city officers in any primary election precinct, each qualified elector shall be entitled to receive from the judges of the election one ballot of the political party participating in the election for which he desires to vote. It shall be the duty of such judges of election to deliver the ballot to the electors. Before delivering any ballot to the elector, the two judges of election having charge of the ballot shall write their names or initials upon the back of the ballot with indelible pencil, and no other writing shall be on the back of the ballot except the number of the ballot voted.
(1948 C. Ch. 20 20: 1960 C. 76.140, 76.150.)

2.08.150 Exception to printed ballot.

Whenever any person shall have filed as a candidate for nomination upon a party ticket which, at the last preceding election for governor, shall have cast less than five percent of the total vote cast for governor in the election, and when not more than one person shall have filed as a candidate for any office on the party ticket, no ballot shall be printed for the primary election herein provided unless upon petition of at least ten per cent of the voters voting in the city at the preceding election for governor. When no ballots are printed as hereinbefore provided the candidates filing declarations and who are unopposed shall be certified, as provided in this chapter, as the nominees of the party casting less than five percent of the vote of the state.
(1948 C. Ch. 20 21: 1960 C. 76.160.)

2.08.160 Vacancies of nominee.

Vacancies resulting from the death or resignation of the nominee of a party at a primary shall be filled by the central committee in the city of the party, provided, however, that no name shall be allowed on any ticket until the required fee shall have been paid.
(1948 C. Ch. 20 22: 1960 C. 76.170.)

2.08.170 Voter qualifications.

No person shall be entitled to vote at any primary unless a qualified elector of the precinct and duly registered therein and known to affiliate with the political party named at the head of the ticket he calls for, and attempts to vote, or obligates himself to support the nominees of such party at the following election.
(1948 C. Ch. 20 23: 1960 C. 76.180.)

V.A.M.S.:

115.133 et seq. Qualifications of voters and registration

2.08.180 Challengers and witnesses.

The challengers and witnesses for a primary election to be held under the provisions of this chapter shall be the challengers and witnesses designated for the general state primary.
(1948 C. Ch. 20 24: 1960 C. 76.190.)

2.08.190 Rejection of ballot--Party change.

It shall be the duty of the challenger to challenge and the duty of the judges of election to reject the ballot of any person attempting to vote other than the ticket of the party with which he is known to be affiliated, unless such person, when challenged, obligates himself, by oath or affirmation, administered by one of the judges, to support the party nominees of the ticket he is voting in the following election. All judges of the election shall have authority and are empowered to administer such oath or affirmation, and any person offering to vote who shall fail or refuse to take or make such oath or affirmation when demanded by such challenger, or required by any judge, shall not be allowed to vote at such primary election.
(1948 C. Ch. 20 25: 1960 C. 76.200.)

Ops. Atty. Gen.:

Any questions of doubt concerning the identity of a voter who signs a comparative signature card must be decided against the voter by a majority of judges of election in the precinct before he may be denied the right to vote. No. 128, June 1, 1964.

2.08.200 Canvass of votes.

The canvass of votes shall be made in the same manner and by the same officers as the canvass of an election. The party chairman of the city, or some duly appointed agent to represent each party, shall be allowed to be present and observe the proceedings.
(1948 C. Ch. 20 26: 1960 C. 76.210.)

V.A.M.S.:

115.447 et seq. Counting of votes

2.08.210 Returns--Required.

The precinct judges and clerks of election shall immediately after the canvass of the ballot cast, on blanks to be provided for that purpose by the election commissioners, make full and accurate returns of the votes cast for each candidate to the board of election commissioners.
(1948 C. Ch. 20 27: 1960 C. 76.220.)

2.08.220 Returns--Procedure.

The canvass of the returns of such primary shall be made by the same officers, and in the manner as now provided by law, for the canvass of returns of a November election. The canvassers shall meet and canvass such returns at ten o'clock on the Friday following the primary. Their returns shall contain the whole number of votes cast for each candidate for each political party, and a duplicate as to each political party shall be delivered to the chairman of such party.
(1948 C. Ch. 20 28: 1960 C. 76.230.)

2.08.230 Party candidate--Determination.

The person receiving the greatest number of votes at a primary as the candidate of a party for an office shall be the candidate of that party for such office and his name as such candidate shall be placed on the ballot for elective city officers to be elected at the following election.
(1948 C. Ch. 20 29: 1960 C. 76.240.)

2.08.240 Party candidate--Ties.

In case of a tie vote, the tie shall forthwith be determined by lot by the canvassers.
(1948 C. Ch. 20 30: 1960 C. 76.250.)

V.A.M.S.:

115.515--115.519 Tie votes

2.08.250 Board of election commissioners to prepare blanks.

It shall be the duty of the board of election commissioners to prepare and have printed for primary elections, blanks for carrying out the provisions of this chapter.
(1948 C. Ch. 20 31: 1960 C. 76.260.)

V.A.M.S.:

115.403 Forms to be provided by secretary of state, when

2.08.260 Designation of judges and clerks.

Judges and clerks for primary elections held under the provisions of this chapter shall be the judges and clerks designated for the general state primary.
(1948 C. Ch. 20 32: 1960 C. 76.270.)

2.08.270 Declaration of results--Certificate of nomination.

Immediately upon the completion of the canvass of the returns of the primary election, the election commissioners shall declare the result and issue a certificate of nomination to each person on each party ticket receiving the highest number of votes for nomination for an office.
(1948 C. Ch. 20 33: 1960 C. 76.280.)

V.A.M.S.:

115.523 Certificates of nomination to issue, when

2.08.280 Statutes regulating elections to apply to primaries.

The provisions of the statutes now in force in relation to the holding of elections, for solicitation of voters at the polls, the challenging of votes, the manner of conducting elections, of counting the ballots and making the returns thereof, and all other kindred subjects, shall apply to all primaries held under the provisions of this chapter.
(1948 C. Ch. 20 34: 1960 C. 76.290.)

2.08.290 Vacancies occurring after last day for filing.

Whenever a vacancy shall occur in any elective city office fifty days or more prior to a general state election and subsequent to the last day for filing in the primary for candidates for elective city offices as fixed by Section 2.08.050, the political central committees of the city recognized by the laws of the state of Missouri are authorized each to nominate by a vote of a majority of the central committee, including in such committee any successor of any member, which successor has been recognized as such successor by such committee, a person of the same political belief and party as the nominating committee, and having the qualifications to hold such office.
(1948 C. Ch. 20 35: 1960 C. 76.300.)

2.08.300 Central committees to file certificate of nomination.

It shall be the duty of central committees to certify to the board of election commissioners, not less than fifteen days before the date set for the general state election, the name of the person nominated, the office for which he shall have been nominated and the party which such nominee shall represent. The certificate of nomination shall be signed and executed by the presiding officer and secretary of the central committee making such nomination; provided, that in case of the inability of the presiding officer or secretary of any central committee to perform such duty, the officer thereof next in rank or all the remaining officers shall sign and execute the certificate of nomination, which shall be accepted as if executed by the presiding officer and secretary.
(1948 C. Ch. 20 36: 1960 C. 76.310.)

2.08.310 Nominees to be placed on ballot.

It shall be the duty of the board of election commissioners to place upon the ballot, as candidates of such parties, the names certified to them in accordance with the provisions of Section 2.08.300; provided, however, that no name of any candidate shall be placed upon the ballot until the candidate shall exhibit to the board of election commissioners a receipt from the central committee evidencing payment of a filing fee in the amount fixed by Section 2.08.060.
(1948 C. Ch. 20 37: 1960 C. 76.320.)

2.08.320 Provisions for nomination--Candidates of parties having no central committee.

If any party or group, political or otherwise, which shall have cast five percent or more of the total votes cast for governor in the last preceding election, shall not have a political central committee recognized as such by the laws of Missouri, the committees or groups representing such parties or groups are authorized to nominate candidates for elective city offices and certify their names to the board of election commissioners as provided in Sections 2.08.290 and 2.08.300 in the case of political central committees recognized as such by the laws of the state of Missouri, and the names of such candidates shall be placed on the ballot as candidates of such parties or groups; provided, such candidates shall exhibit to the Board of Election Commissioners receipts evidencing payment, to such parties or groups, of the filing fee fixed by Section 2.08.060.
(1948 C. Ch. 20 38: 1960 C. 76.330.)

2.08.330 Provisions for nomination--Nonpartisan candidate.

Nonpartisan candidates may be nominated by a certificate signed by registered electors of the city to a number equal to two percent of the entire vote cast at the last preceding election of a mayor; provided that the signer shall declare, in such certificate, that they are bona fide supporters of the candidate sought to be nominated, and have not aided, and will not aid, in the nomination of any other candidate for an elective city office. Such certificates of nomination by electors shall be filed in the office of the Board of Election Commissioners not less than the eighth Monday before the election. The names of persons nominated by certificate signed by electors shall be placed on the ballot, each under the heading "Nonpartisan Candidate."

Before the name of any nonpartisan candidate shall be placed on the ballot as aforesaid, the candidate shall exhibit to the Board of Election Commissioners a receipt evidencing payment to the City Treasurer of the filing fee fixed by Section 2.08.060.
(Ord. 66193 2, 2004: 1948 C. Ch. 20 39: 1960 C. 76.340.)

2.08.340 Substitute candidates.

In the event of the death or withdrawal of any candidate whose name has been certified to the Board of Election Commissioners as a candidate for an elective city office, the political central or ward committee, or party or group, shall certify the name of another candidate to the Board of Election Commissioners in accordance with the provisions of this chapter at any time prior to the election and such name shall be placed on the ballot in lieu of the name of such candidate. In the event of the death or withdrawal of a candidate nominated by a certificate signed by electors, the name of another nonpartisan candidate may be certified in lieu thereof at any time prior to the election by any group of electors to a number equal to two percent of the entire vote cast at the last preceding election of a mayor.
(1948 C. Ch. 20 40: 1960 C. 76.350.)

2.08.350 Primary elections of City officers to be separate from general state primary.

At all primary elections held under the provisions of this chapter there shall be separate ballots containing the names of candidates for elective City offices only and the Election Commissioners shall provide separate boxes for such ballots and shall endeavor as far as practicable to conduct the primary herein provided for as a separate primary distinct from the general state primary.
(1948 C. Ch. 20 41: 1960 C. 76.360.)

2.08.360 General state elections to be separate from election of candidates for City offices.

At all general state elections at which candidates for elective offices may be voted for there shall be separate ballots containing the names of candidates nominated in accordance with the provisions of this chapter only and the Election Commissioners shall provide separate boxes for such ballots and shall endeavor as far as practicable to conduct the election of candidates for City offices as a separate election distinct from the general state election.
(1948 C. Ch. 20 42: 1960 C. 76.370.)

2.08.370 Change of date of filing declaration of candidacy.

If the state law governing primary elections shall be amended so as to change the last day for filing written declarations by candidates in any general primary election to be held on the first Tuesday of August, then and in such event the last day for filing in the primary herein provided for shall be advanced so as to conform to the date fixed by such amendment to the general primary law of the state.
(1948 C. Ch. 20 43: 1960 C. 76.380.)

2.08.380 Sections 122.650 and 122.660 R. S. Mo., 1969.

The provisions, terms and conditions contained and set forth in Sections 122.650 and 122.660 R. S. Mo., 1969 are accepted.
(Ord. 50111 1, 1960: 1960 C. 76.390.)

Editor's Note:

V.A.M.S. and 122.660 was repealed by Laws 1978. H.B. No. 971, 1

2.08.390 Election statutes incorporated.

Sections 122.670, 122.680, 122.710, 122.720, 122.740, 122.750, 122.760, 122.770, 122.780, 122.790, 122.800, 122.810, 122.820, 122.830, 122.840, 122.850, 122.860, 122.870, 122.880, 122.890, 122.900, 122.910, 122.920, 122.930, 122.940, 122.950, and 122.960 R. S. Mo. are incorporated by reference into this Code set forth in full, the aforesaid provisions, terms and conditions shall be deemed to be in full force and effect.
(Ord. 55836 1 (part), 1971: prior Ord. 50111 2, 1960: 1960 C. 76.400.)

City Counselor Ops.: 8635, 8636, 8718

Editor's Note:

V.A.M.S. 122.660--122.970 were repealed by Laws 1978, H.B. 911, 1

2.08.400 Filing and withdrawal.

A. Time and Procedure for Filing a Declaration of Candidacy. The name of no candidate shall be printed upon any official ticket or ballot at any primary election held under the provisions of this chapter unless at least sixty (60) days prior to such primary election and on or before five p.m. of such day, but not before one hundred (100) days prior to such primary election at eight a.m. of such day, a written declaration of candidacy shall be filed by the candidate stating the candidate's full name, as it appears on his or her voter registration card, residence and occupation, the office for which he or she proposes as candidate, the party upon whose ticket he or she is to be a candidate, in typewritten or printed words; that the candidate and members of his or her family have received no personal remuneration, or any personal gift, or other personal favor or promise for his or her filing such declaration of candidacy; and that if nominated and elected, to such office the candidate will qualify. Such declaration of candidacy shall be substantially in the following form:

I, the undersigned ________ (sufficient space in which to typewrite or print the candidate's name, residence and occupation), a resident and qualified elector of the ________ precinct of the ________ ward, in the City of St. Louis, Missouri, do announce myself as a candidate for the office of ________ on the ________ ticket, to be voted for at the primary election to be held on the ________ day of March, ________, and I declare that neither I, nor any member of my family, has received any personal remuneration, or any personal gift, or other personal favor or promise for filing this declaration; and I further declare that if nominated and elected to such office I will qualify.

Signed

B. Withdrawal of Candidacy, Deadline for, How Made.

1. Any person who has filed a declaration of candidacy for nomination and who wishes to withdraw as a candidate shall, not later than forty (40) days prior to such primary election on or before five p.m. of such day, file a written, sworn statement of withdrawal in the office of the official who accepted his or her declaration of candidacy.

2. The name of a person who has filed a declaration of candidacy who has not given notice of withdrawal as provided in subsection A of this section, shall be printed on the official primary ticket or ballot.
(Ord. 59982 1, 1986: Ord. 55836 1 (part), 1971: prior Ord. 50111 3, 1960: 1960 C. 76.410.)

City Counselor Ops.: 8635, 8636, 8718

2.08.410 City register duties.

At least one hundred and twenty days before the time for holding such March primary election the City register shall prepare and transmit to the Board of Election Commissioners of the City a notice in writing, designating the offices to be filled at the succeeding City election and the yearly salaries of each.
(Ord. 59982 2, 1986: Ord. 55836 1 (part), 1971: prior Ord. 50111 4, 1960: 1960 C. 76.420.)

City Counselor Ops.: 8635, 8636, 8718

2.08.420 Publication of list of offices to be filled.

Upon receipt of such notice of the Board of Election Commissioners shall, beginning within seven days thereafter, cause to be published for two consecutive days a list of offices for which candidates are to be nominated at the primary in three newspapers of general circulation, published in the City in which the Board of Election Commissioners is acting.
(Ord. 55836 1 (part), 1971: 1960 C. 76.430.)

City Counselor Ops.: 8635, 8636, 8718

2.08.430 Payment of all taxes and fees by candidates for elective City offices.

A. Payment of all Taxes by Candidates for Elective City Offices.

1. Any person who files as a candidate for elective City office shall be disqualified from participation in the election for which the candidate has filed if such person is delinquent in the payment of any personal property taxes, real property taxes on any real property located within the City and owned in whole or in part by the candidate, earnings taxes, or City income taxes on the day that such person files their declaration of candidacy for their respective office, so long as the person has failed to take remedial action as detailed in subsections 3 and 4 below. This subsection does not include taxes owed by any corporation, limited liability company, professional corporation, or other corporate entity unless any such corporation, limited liability company, professional corporation, or other corporate entity is owned one hundred percent (100%) by the candidate.

2. Each potential candidate for elective City office shall file an affidavit with the Board of Election Commissioners at the time the potential candidate files his or her declaration of candidacy. Such affidavit shall be in substantially the following form:

"AFFIRMATION OF TAX PAYMENTS:

I hereby declare under penalties of perjury that I am not currently aware of any delinquency in the filing or payment of any personal property taxes, real property taxes on any real property located within the City and owned in whole or in part by the candidate, earnings taxes, or city income taxes.

_________________ Candidate's Signature
_________________ Printed Name of Candidate."

3. Upon written receipt of a [written] complaint alleging a delinquency of the candidate in the filing or payment of any personal property taxes, real property taxes on any real property located within the City and owned in whole or in part by the candidate, earnings taxes, or City income taxes, the Board of Election Commissioners shall investigate such potential candidate to verify the claim(s) contained in the complaint. If the Board of Election Commissioners finds such claim to be true, they shall notify the candidate of the outstanding tax(es) or fee(s) due and give the candidate seven (7) days to remit any such outstanding tax(es) or fee(s) owed which were not heretofore the documented subject of dispute between the respective department and the candidate. If the candidate fails to remit such amounts in full within seven (7) days, the candidate shall be disqualified from participating in the current election and barred from refilling for an entire election cycle, even if the individual pays all outstanding tax(es) or fee(s) that were the subject of the complaint. Any such complaint must be filed no later than two (2) weeks prior to the election, provided that any complaint filed later than seven (7) weeks before the election that is later found to be true will result in disqualification of the candidate but may not necessarily result in the candidate's name being physically removed from the ballot.

4. Nothing herein shall either preclude or require the Board of Election Commissioners from independently investigating all candidates in any given election to determine if any such candidates are delinquent in the filing or payment of any personal property taxes, real property taxes on any real property located within the City and owned in whole or in part by any candidate, earnings taxes, or City income taxes. If the Board of Election Commissioners commences such an investigation and discovers that any candidates are delinquent in the filing or payment of any personal property taxes, real property taxes on any real property located within the City and owned in whole or in part by the candidate, earnings taxes, or City income taxes, the Board of Election Commissioners shall notify the candidate of the outstanding tax(es) or fee(s) due and give the candidate seven (7) days to remit any such outstanding tax(es) or fee(s) owed which were not heretofore the documented subject of dispute between the respective department and the candidate. If the candidate fails to remit such amounts in full within seven (7) days, the candidate shall be disqualified from participating in the current election and barred from refilling for an entire election cycle, even in the individual pays all outstanding taxes that were the subject of the complaint.

B. The Board of Election Commissioners shall confirm the filing of an affidavit with the Department of Revenue as defined in Section 115.342 of the Missouri Revised Statutes.

C. Payment of All Missouri Ethics Commission Fees by Candidates for Elective City Offices.

1. Any person who files as a candidate for elective City office shall be disqualified from participation in the election for which the candidate has filed if such person is delinquent in the payment of any fees as determined by the Missouri Ethics Commission on the day that such person files their declaration of candidacy for their respective office, so long as the person has failed to take remedial action as detailed in subsections 3 and 4 below.

2. Each potential candidate for elective City office shall file an affidavit with the Board of Election Commissioners at the time the potential candidate files his or her declaration of candidacy. Such affidavit shall be in substantially the following form:

"AFFIRMATION OF MISSOURI ETHICS COMMISSION FEES PAYMENTS:

I hereby declare under penalties of perjury that I am not currently aware of any delinquency in the payment of any fees as determined by the Missouri Ethics Commission under Section 105.963 and Section 105.961.4 of the Missouri Revised Statutes.

_________________ Candidate's Signature
_________________ Printed Name of Candidate."

3. Upon written receipt of a written complaint alleging a delinquency of the candidate in the payment of fees as determined by the Missouri Ethics Commission under Section 105.963 and Section 105.961.4 of the Missouri Revised Statutes, the Board of Election Commissioners shall investigate such potential candidate to verify the claim(s) contained in the complaint. If the Board of Election Commissioners finds such claim to be true, they shall notify the candidate of the outstanding fee(s) due and give the candidate seven (7) days to remit any such outstanding fee(s) owed which were not heretofore the documented subject of dispute between the respective department and the candidate. If the candidate fails to remit such amounts in full within seven (7) days, the candidate shall be disqualified from participating in the current election and barred from refilling for an entire election cycle, even if the individual pays all outstanding fee(s) that were the subject of the complaint. Any such complaint must be filed no later than two (2) weeks prior to the election, provided that any complaint filed later than seven (7) weeks before the election that is later found to be true will result in disqualification of the candidate but may not necessarily result in the candidate's name being physically removed from the ballot.

4. Nothing herein shall either preclude or require the Board of Election Commissioners from independently investigating all candidates in any given election to determine if any such candidates are delinquent in the payment of any fees as determined by the Missouri Ethics Commission under Section 105.963 and Section 105.961.4 of the Missouri Revised Statutes.

If the Board of Election Commissioners commences such an investigation and discovers that any candidates are delinquent in the payment of any fees as determined by the Missouri Ethics Commission under Section 105.963 and Section 105.961.4 of the Missouri Revised Statutes, the Board of Election Commissioners shall notify the candidate of the outstanding fee(s) due and give the candidate seven (7) days to remit any such outstanding fee(s) owed which were not heretofore the documented subject of dispute between the respective department and the candidate. If the candidate fails to remit such amounts in full within seven (7) days, the candidate shall be disqualified from participating in the current election and barred from refilling for an entire election cycle, even in the individual pays all outstanding taxes that were the subject of the complaint.
(Ord. No. 68605, 1--3, 3-16-2010.)

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