Missouri Laws 115.363 – Party nominating committee to select candidate, when
1. Except as provided in section 115.361, a party nominating committee of a political party may select a party candidate for nomination to an office on the primary election ballot in the following cases:
(1) If there are no candidates for nomination as the party candidate due to death of all the party’s candidates after 5:00 p.m. on the last day in which a person may file as a candidate for nomination and at or before 5:00 p.m. on the tenth Tuesday prior to the primary election;
Terms Used In Missouri Laws 115.363
- Ballot: the paper ballot, or ballot designed for use with an electronic voting system on which each voter may cast all votes to which he or she is entitled at an election. See Missouri Laws 115.013
- Disqualified: a determination made by a court of competent jurisdiction, the Missouri ethics commission, an election authority or any other body authorized by law to make such a determination that a candidate is ineligible to hold office or not entitled to be voted on for office. See Missouri Laws 115.013
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- General election: means the election required to be held on the Tuesday succeeding the first Monday of November, biennially. See Missouri Laws 1.020
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Political party: any established political party and any new party. See Missouri Laws 115.013
(2) If there are no candidates for nomination as the party candidate due to withdrawal after 5:00 p.m. on the last day in which a person may file as a candidate for nomination and at or before 5:00 p.m. on whatever day may be fixed by law as the final date for withdrawing as a candidate for the office;
(3) If there are no candidates for nomination as the party candidate due to death or disqualification of all candidates within seven days prior to the filing deadline and if no person has filed for the party nomination within that time;
(4) If there are no candidates for nomination as the party candidate due to disqualification of all party candidates after 5:00 p.m. on the last day on which a person may file as a candidate for nomination, and at or before 5:00 p.m. on the tenth Tuesday prior to the primary election; or
(5) If a candidate for the position of political party committeeman or committeewoman dies or withdraws as provided in subsection 1 or 2 of section 115.359 after the tenth Tuesday prior to the primary election, leaving no candidate.
2. Any established political party may select a candidate for nomination, if a candidate who is the incumbent or only candidate dies, is disqualified or withdraws pursuant to subsection 1 or 2 of section 115.359 after 5:00 p.m. on the tenth Tuesday prior to the primary election, and at or before 5:00 p.m. on whatever day is fixed by law as the final date for withdrawing as a candidate for the office.
3. A party nominating committee may select a party candidate for election to an office on the general election ballot in the following cases:
(1) If the person nominated as the party candidate shall die at or before 5:00 p.m. on the tenth Tuesday prior to the general election;
(2) If the person nominated as the party candidate is disqualified at or before 5:00 p.m. on the tenth Tuesday prior to the general election;
(3) If the person nominated as the party candidate shall withdraw at or before 5:00 p.m. on whatever day may be fixed by law as the final date for withdrawing as a candidate for the office;
(4) If a candidate for nomination to an office in which the person is the party’s only candidate dies after 5:00 p.m. on the tenth Tuesday prior to any primary election, withdraws as provided in subsection 1 of section 115.359 after 5:00 p.m. on the tenth Tuesday prior to any primary election, or is disqualified after 5:00 p.m. on the tenth Tuesday before any primary election.
4. If a person nominated as a party’s candidate who is unopposed shall die at or before 5:00 p.m. on the tenth Tuesday prior to the general election, is disqualified at or before 5:00 p.m. on the tenth Tuesday prior to the general election, or shall withdraw at or before 5:00 p.m. on whatever day may be fixed by law as the final date for withdrawing as a candidate for the office, the party nominating committee for any established political party may select a party candidate.
5. A party nominating committee may select a party candidate for election to an office in the following cases:
(1) For an election called to fill a vacancy in an office;
(2) For an election held pursuant to the provisions of section 105.030 to fill an unexpired term resulting from a vacancy in an office that occurs within fourteen days prior to the filing deadline for the primary election and not later than the tenth Tuesday prior to the general election. If such vacancy occurs prior to the fourteenth day before the filing deadline for a primary election, filing for the office shall be as provided for in sections 115.307 to 115.359.