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115.363. Party nominating committee to select candidate, when.

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Party nominating committee to select candidate, when. 115.363.1.Except as provided in section 115.361, a partynominating committee of a political party may select a party candidate fornomination to an office on the primary election ballot in the followingcases: (1)If there are no candidates for nomination as the party candidatedue to death of all the party's candidates after 5:00 p.m. on the last dayin which a person may file as a candidate for nomination and at or before5:00 p.m. on the fourth Tuesday prior to the primary election; (2)If there are no candidates for nomination as the party candidatedue to withdrawal after 5:00 p.m. on the last day in which a person mayfile as a candidate for nomination and at or before 5:00 p.m. on whateverday may be fixed by law as the final date for withdrawing as a candidatefor the office; (3)If there are no candidates for nomination as the party candidatedue to death or disqualification of all candidates within seven days priorto the filing deadline and if no person has filed for the party nominationwithin that time; (4)If there are no candidates for nomination as the party candidatedue to disqualification of all party candidates after 5:00 p.m. on the lastday on which a person may file as a candidate for nomination, and at orbefore 5:00 p.m. on the sixth Tuesday prior to the primary election; or (5)If a candidate for the position of political party committeemanor committeewoman dies or withdraws as provided in subsection 1 or 2 ofsection 115.359 after the eighth Tuesday prior to the primary election,leaving no candidate. 2.Any established political party may select a candidate fornomination, if a candidate who is the incumbent or only candidate dies, isdisqualified or withdraws pursuant to subsection 1 or 2 of section 115.359after 5:00 p.m. on the eighth Tuesday prior to the primary election, and ator before 5:00 p.m. on whatever day is fixed by law as the final date forwithdrawing as a candidate for the office. 3.A party nominating committee may select a party candidate forelection to an office on the general election ballot in the followingcases: (1)If the person nominated as the party candidate shall die at orbefore 5:00 p.m. on the fourth Tuesday prior to the general election; (2)If the person nominated as the party candidate is disqualified ator before 5:00 p.m. on the sixth Tuesday prior to the general election; (3)If the person nominated as the party candidate shall withdraw ator before 5:00 p.m. on whatever day may be fixed by law as the final datefor withdrawing as a candidate for the office; (4)If a candidate for nomination to an office in which the person isthe party's only candidate dies after 5:00 p.m. on the fourth Tuesday priorto any primary election, withdraws as provided in subsection 1 of section115.359 after 5:00 p.m. on the fourth Tuesday prior to any primaryelection, or is disqualified after 5:00 p.m. on the sixth Tuesday beforeany primary election. 4.If a person nominated as a party's candidate who is unopposedshall die at or before 5:00 p.m. on the fourth Tuesday prior to the generalelection, is disqualified at or before 5:00 p.m. on the sixth Tuesday priorto the general election, or shall withdraw at or before 5:00 p.m. onwhatever day may be fixed by law as the final date for withdrawing as acandidate for the office, the party nominating committee for anyestablished political party may select a party candidate. 5.A party nominating committee may select a party candidate forelection 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 section105.030, RSMo, to fill an unexpired term resulting from a vacancy in anoffice that occurs within fourteen days prior to the filing deadline forthe primary election and not later than the eighth Tuesday prior to thegeneral election.If such vacancy occurs prior to the fourteenth daybefore the filing deadline for a primary election, filing for the officeshall be as provided for in sections 115.305 to 115.359.(L. 1977 H.B. 101 § 10.125, A.L. 1993 S.B. 31, A.L. 1995 H.B. 484, etal., A.L. 1997 S.B. 132)
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  • Party nominating committee to select candidate, when.

    115.363. 1. Except as provided in section 115.361, a partynominating committee of a political party may select a party candidate fornomination to an office on the primary election ballot in the followingcases:

    (1) If there are no candidates for nomination as the party candidatedue to death of all the party's candidates after 5:00 p.m. on the last dayin which a person may file as a candidate for nomination and at or before5:00 p.m. on the fourth Tuesday prior to the primary election;

    (2) If there are no candidates for nomination as the party candidatedue to withdrawal after 5:00 p.m. on the last day in which a person mayfile as a candidate for nomination and at or before 5:00 p.m. on whateverday may be fixed by law as the final date for withdrawing as a candidatefor the office;

    (3) If there are no candidates for nomination as the party candidatedue to death or disqualification of all candidates within seven days priorto the filing deadline and if no person has filed for the party nominationwithin that time;

    (4) If there are no candidates for nomination as the party candidatedue to disqualification of all party candidates after 5:00 p.m. on the lastday on which a person may file as a candidate for nomination, and at orbefore 5:00 p.m. on the sixth Tuesday prior to the primary election; or

    (5) If a candidate for the position of political party committeemanor committeewoman dies or withdraws as provided in subsection 1 or 2 ofsection 115.359 after the eighth Tuesday prior to the primary election,leaving no candidate.

    2. Any established political party may select a candidate fornomination, if a candidate who is the incumbent or only candidate dies, isdisqualified or withdraws pursuant to subsection 1 or 2 of section 115.359after 5:00 p.m. on the eighth Tuesday prior to the primary election, and ator before 5:00 p.m. on whatever day is fixed by law as the final date forwithdrawing as a candidate for the office.

    3. A party nominating committee may select a party candidate forelection to an office on the general election ballot in the followingcases:

    (1) If the person nominated as the party candidate shall die at orbefore 5:00 p.m. on the fourth Tuesday prior to the general election;

    (2) If the person nominated as the party candidate is disqualified ator before 5:00 p.m. on the sixth Tuesday prior to the general election;

    (3) If the person nominated as the party candidate shall withdraw ator before 5:00 p.m. on whatever day may be fixed by law as the final datefor withdrawing as a candidate for the office;

    (4) If a candidate for nomination to an office in which the person isthe party's only candidate dies after 5:00 p.m. on the fourth Tuesday priorto any primary election, withdraws as provided in subsection 1 of section115.359 after 5:00 p.m. on the fourth Tuesday prior to any primaryelection, or is disqualified after 5:00 p.m. on the sixth Tuesday beforeany primary election.

    4. If a person nominated as a party's candidate who is unopposedshall die at or before 5:00 p.m. on the fourth Tuesday prior to the generalelection, is disqualified at or before 5:00 p.m. on the sixth Tuesday priorto the general election, or shall withdraw at or before 5:00 p.m. onwhatever day may be fixed by law as the final date for withdrawing as acandidate for the office, the party nominating committee for anyestablished political party may select a party candidate.

    5. A party nominating committee may select a party candidate forelection 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 section105.030, RSMo, to fill an unexpired term resulting from a vacancy in anoffice that occurs within fourteen days prior to the filing deadline forthe primary election and not later than the eighth Tuesday prior to thegeneral election. If such vacancy occurs prior to the fourteenth daybefore the filing deadline for a primary election, filing for the officeshall be as provided for in sections 115.305 to 115.359.

    (L. 1977 H.B. 101 § 10.125, A.L. 1993 S.B. 31, A.L. 1995 H.B. 484, et al., A.L. 1997 S.B. 132)

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