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115.359. Withdrawal of candidacy, deadline for, how made.

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Withdrawal of candidacy, deadline for, how made. 115.359.1.Any person who has filed a declaration of candidacy fornomination and who wishes to withdraw as a candidate shall, not later thanthe eleventh Tuesday prior to the primary election, file a written, swornstatement of withdrawal in the office of the official who accepted suchcandidate's declaration of candidacy.Any person nominated for an officewho wishes to withdraw as a candidate shall, not later than the eleventhTuesday prior to the general election, file a written, sworn statement ofwithdrawal in the office of the official who accepted such candidate'sdeclaration of candidacy.In addition, any person who has filed adeclaration of candidacy for nomination or who is nominated for an officewho wishes to withdraw as a candidate due to being named as the partycandidate for a different office by a party nominating committee pursuantto sections 115.363 to 115.377 may withdraw as a candidate no later than5:00 p.m. on the fifth day after being named as the party candidate for adifferent office by the party nominating committee. 2.Except as provided for in section 115.247, if there is noadditional cost for the printing or reprinting of ballots, or if thecandidate agrees to pay any printing or reprinting costs, a candidate whohas filed or is nominated for an office may, at any time after the timelimits set forth in subsection 1 of this section but no later than 5:00p.m. on the sixth Tuesday before the election, withdraw as a candidatepursuant to a court order, which, except for good cause shown by theelection authority in opposition thereto, shall be freely given uponapplication by the candidate to the circuit court in the county of suchcandidate's residence.No withdrawal pursuant to this subsection shall beeffective until such candidate files a copy of the court's order in theoffice of the official who accepted such candidate's declaration ofcandidacy. 3.The name of a person who has properly filed a declaration ofcandidacy, or of a person nominated for office, who has not given notice ofwithdrawal as provided in subsection 1 or 2 of this section shall, exceptin case of death or disqualification, be printed on the official primary orgeneral election ballot, as the case may be.(L. 1977 H.B. 101 § 10.120, A.L. 1995 H.B. 484, et al., A.L. 1996H.B. 1557 & 1489, A.L. 1997 S.B. 132, A.L. 1999 H.B. 676)
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  • Withdrawal of candidacy, deadline for, how made.

    115.359. 1. Any person who has filed a declaration of candidacy fornomination and who wishes to withdraw as a candidate shall, not later thanthe eleventh Tuesday prior to the primary election, file a written, swornstatement of withdrawal in the office of the official who accepted suchcandidate's declaration of candidacy. Any person nominated for an officewho wishes to withdraw as a candidate shall, not later than the eleventhTuesday prior to the general election, file a written, sworn statement ofwithdrawal in the office of the official who accepted such candidate'sdeclaration of candidacy. In addition, any person who has filed adeclaration of candidacy for nomination or who is nominated for an officewho wishes to withdraw as a candidate due to being named as the partycandidate for a different office by a party nominating committee pursuantto sections 115.363 to 115.377 may withdraw as a candidate no later than5:00 p.m. on the fifth day after being named as the party candidate for adifferent office by the party nominating committee.

    2. Except as provided for in section 115.247, if there is noadditional cost for the printing or reprinting of ballots, or if thecandidate agrees to pay any printing or reprinting costs, a candidate whohas filed or is nominated for an office may, at any time after the timelimits set forth in subsection 1 of this section but no later than 5:00p.m. on the sixth Tuesday before the election, withdraw as a candidatepursuant to a court order, which, except for good cause shown by theelection authority in opposition thereto, shall be freely given uponapplication by the candidate to the circuit court in the county of suchcandidate's residence. No withdrawal pursuant to this subsection shall beeffective until such candidate files a copy of the court's order in theoffice of the official who accepted such candidate's declaration ofcandidacy.

    3. The name of a person who has properly filed a declaration ofcandidacy, or of a person nominated for office, who has not given notice ofwithdrawal as provided in subsection 1 or 2 of this section shall, exceptin case of death or disqualification, be printed on the official primary orgeneral election ballot, as the case may be.

    (L. 1977 H.B. 101 § 10.120, A.L. 1995 H.B. 484, et al., A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B. 132, A.L. 1999 H.B. 676)

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