Effective - 28 Aug 2013
78.090. Election, primary — held when — elimination of primary, when. — 1. Candidates to be voted for at all general municipal elections at which a mayor and councilmen are to be elected under the provisions of sections 78.010 to 78.400 shall be nominated by a primary election, except as provided in this section, and no other names shall be placed upon the general ballot except those selected in the manner herein prescribed. The primary election for such nomination shall be held on the first Tuesday after the first Monday in February preceding the municipal election.
2. (1) In lieu of conducting a primary election under this section, any city organized under sections 78.010 to 78.400 may, by order or ordinance, provide for the elimination of the primary election and the conduct of elections for mayor and councilman as provided in this subsection.
(2) Any person desiring to become a candidate for mayor or councilman shall file with the city clerk a signed statement of such candidacy, stating whether such person is a resident of the city and a qualified voter of the city, that the person desires to be a candidate for nomination to the office of mayor or councilman to be voted upon at the next municipal election for such office, that the person is eligible for such office, that the person requests to be placed on the ballot, and that such person will serve if elected. Such statement shall be sworn to or affirmed before the city clerk.
(3) Under the requirements of section 115.023, the city clerk shall notify the requisite election authority who shall cause the official ballots to be printed, and the names of the candidates shall appear on the ballots in the order that their statements of candidacy were filed with the city clerk. Above the names of the candidates shall appear the words "Vote for (number to be elected)". The ballot shall also include a warning that voting for more than the total number of candidates to be elected to any office invalidates the ballot.
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(RSMo 1939 § 7060, A.L. 1978 H.B. 971, A.L. 2013 H.B. 163 merged with S.B. 99)
Prior revisions: 1929 § 6910; 1919 § 8377
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 78 - Optional Forms, Cities of the Third Classification
Section 78.020 - Organization.
Section 78.030 - Election — petition for — how held — officers elected, when.
Section 78.040 - Officers — quorum — mayor to have no veto.
Section 78.050 - Salaries, how computed.
Section 78.060 - Powers of council — departments.
Section 78.070 - Mayor and councilmen to superintend departments — council to elect city officers.
Section 78.080 - Election of mayor and councilmen.
Section 78.090 - Election, primary — held when — elimination of primary, when.
Section 78.100 - Candidate to file statement.
Section 78.120 - Form of ballot.
Section 78.140 - Who shall be candidates.
Section 78.160 - Council meetings.
Section 78.170 - Appropriations — power of council.
Section 78.180 - Itemized statement of receipts and expenses — accounts to be examined, how.
Section 78.200 - Ordinance by initiative — procedure.
Section 78.210 - Ballots — such ordinance may be repealed, how.
Section 78.220 - Proposed ordinance — effective, when — referendum.
Section 78.230 - Organization may be abandoned — charter may be resumed — procedure.
Section 78.240 - Contents of petition.
Section 78.250 - Council may create and discontinue offices — may change compensation.
Section 78.260 - Officer may be removed — procedure.
Section 78.270 - Clerk to ascertain sufficiency of petition — council to order election.
Section 78.280 - Election — form of ballot.
Section 78.290 - Incumbent may be candidate.
Section 78.310 - Civil service commissioners — appointment.
Section 78.320 - Tenure — qualifications.
Section 78.330 - Removal — council to supply necessary equipment.
Section 78.350 - Examination of applicants.
Section 78.360 - Removal from office.
Section 78.370 - General powers and duties.
Section 78.380 - Provisions to apply to whom.
Section 78.400 - Laws applicable — territorial limits not to change.
Section 78.430 - Third class city may adopt city manager form of government — procedure.
Section 78.440 - Laws shall apply, when — limits of city to remain same.
Section 78.450 - City may abandon plan — procedure — election — form of ballot.
Section 78.460 - Council to consist of five members — term — vacancies, how filled.
Section 78.470 - Candidates may be nominated by primary election, exception.
Section 78.480 - Statement of candidacy if running in primary election, exception.
Section 78.510 - Primary shall not be required, when.
Section 78.520 - General election — official ballot for use following a primary election.
Section 78.530 - City elections, alternative procedure eliminating primary elections.
Section 78.540 - Conduct of election — council to establish voting precincts.
Section 78.560 - Organization of city council.
Section 78.570 - Powers of council — city manager.
Section 78.580 - Quorum to do business.
Section 78.590 - Meetings of the council — salary determined by city council.
Section 78.600 - Officials — appointment.
Section 78.610 - City manager — duties.
Section 78.620 - Manager shall file itemized statements.
Section 78.703 - City may abandon plan, when — procedure, election, ballot form.
Section 78.706 - City to be divided into five wards, procedure.