321.714. Certification of sufficiency of recall petition--election ordered--resignation, effect. - Missouri Statutes

Certification of sufficiency of recall petition--electionordered--resignation, effect.

321.714. 1. If the election authority finds the signatures on thepetition, together with the supplementary petition sections if any, to besufficient, it shall submit its certificate as to the sufficiency of thepetition to the fire protection district board prior to its next meeting.The certificate shall contain:

(1) The name of the member whose recall is sought;

(2) The number of signatures required by law;

(3) The total number of signatures on the petition;

(4) The number of valid signatures on the petition.

2. Following the fire protection board's receipt of the certificate,the election authority shall order an election to be held on one of theelection days specified in section 115.123, RSMo. The election shall beheld not less than forty-five days nor more than one hundred twenty daysafter the fire protection district board receives the petition.Nominations hereunder shall be made by filing a statement of candidacy withthe election authority.

3. At any time prior to forty-two days before the election, themember sought to be recalled may offer his resignation. If his resignationis offered, the recall question shall be removed from the ballot and theoffice declared vacant. The member who resigned may not fill the vacancywhich shall be filled as provided by law.

(L. 1995 H.B. 452, et al.)

*This section was amended by both H.B. 452, et al. and H.B. 484, et al., during the 1st Regular Session of the 88th General Assembly, 1995. Due to possible conflict, both versions are printed here.

Certification of petition by election authority, content, electionto be held--candidacy nomination filed--resignation by board member,recall to be removed from ballot--resigned board member may not fillvacancy.

321.714. 1. If the election authority finds the signatures on thepetition, together with the supplementary petition sections if any, to besufficient, it shall submit its certificate as to the sufficiency of thepetition to the fire protection district board prior to its next meeting.The certificate shall contain:

(1) The name of the member whose recall is sought;

(2) The number of signatures required by law;

(3) The total number of signatures on the petition;

(4) The number of valid signatures on the petition.

2. Following the fire protection board's receipt of the certificate,the county election authority shall order an election to be held on one ofthe election days specified in section 115.123, RSMo. The election shallbe held not less than forty-five days nor more than one hundred twenty daysafter the fire protection district board receives the petition.Nominations hereunder shall be made by filing a statement of candidacy withthe election authority.

3. At any time prior to forty-two days before the election, themember sought to be recalled may offer his resignation. If his resignationis offered, the recall question shall be removed from the ballot and theoffice declared vacant. The member who resigned may not fill the vacancywhich shall be filled as provided by law.

(L. 1995 H.B. 484, et al.)

*This section was amended by both H.B. 452, et al. and H.B. 484, et al., during the 1st Regular Session of the 88th General Assembly, 1995. Due to possible conflict, both versions are printed here.