Missouri Laws 49.060 – Vacancy, how certified or filled — inapplicability to constitutional ..
1. When a vacancy shall occur in the office of a county commissioner, the vacancy shall at once be certified by the clerk of the commission to the governor.
2. If at the time the vacancy occurs there is less than one year remaining in the unexpired term, the vacancy shall be filled as provided in section 105.030, except that the vacancy shall be filled within sixty days.
Terms Used In Missouri Laws 49.060
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- 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
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
3. If at the time the vacancy occurs there is one year or more remaining in the unexpired term, it shall be the duty of the governor to fill such vacancy within sixty days by appointing, by and with the advice and consent of the senate subject to the provisions of Article IV, Section 51 of the Missouri Constitution, some eligible person to said office who shall discharge the duties thereof until the next general election, at which time a commissioner shall be chosen for the remainder of the term, who shall hold such office until a successor is duly elected and qualified, unless sooner removed.
4. This section shall not apply to any county which has adopted a charter for its own government under Article VI, Section 18 of the Missouri Constitution.