115.125. Notice of election, when given — facsimile transmission used when, exceptions — late notification, procedure.
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115.125. Notice of election, when given — facsimile transmission used when, exceptions — late notification, procedure. — 1. Not later than 5:00 p.m. on the tenth Tuesday prior to any election, except a special election to decide an election contest, tie vote or an election to elect seven members to serve on a school board of a district pursuant to section 162.241 , or a delay in notification pursuant to subsection 3 of this section, or pursuant to the provisions of section 115.399 , the officer or agency calling the election shall notify the election authorities responsible for conducting the election.
The notice shall be in writing, shall specify the name of the officer or agency calling the election and shall include a certified copy of the legal notice to be published pursuant to subsection 2 of section 115.127 . The notice and any other information required by this section may, with the prior notification to the election authority receiving the notice, be accepted by facsimile transmission prior to 5:00 p.m. on the tenth Tuesday prior to the election, provided that the original copy of the notice and a certified copy of the legal notice to be published shall be received in the office of the election authority within three business days from the date of the facsimile transmission.
2. In lieu of a certified copy of the legal notice to be published pursuant to subsection 2 of section 115.127 , each notice of a special election to fill a vacancy shall include the name of the office to be filled, the date of the election and the date by which candidates must be selected or filed for the office. Not later than the sixth Tuesday prior to any special election to fill a vacancy called by a political subdivision or special district, the officer or agency calling the election shall certify a sample ballot to the election authorities responsible for conducting the election.
3. Except as provided for in sections 115.247 and 115.359 , if there is no additional cost for the printing or reprinting of ballots or if the political subdivision or special district calling for the election agrees to pay any printing or reprinting costs, a political subdivision or special district may, at any time after certification of the notice of election required in subsection 1 of this section, but no later than 5:00 p.m. on the eighth Tuesday before the election, be permitted to make late notification to the election authority pursuant to court order, which, except for good cause shown by the election authority in opposition thereto, shall be freely given upon application by the political subdivision or special district to the circuit court of the area of such subdivision or district.
No court shall have the authority to order an individual or issue be placed on the ballot less than eight weeks before the date of the election.
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(L. 1977 H.B. 101 § 6.010 , A.L. 1980 S.B. 734, A.L. 1983 S.B. 234, A.L. 1986 H.B. 1676, A.L. 1995 H.B. 484, et al., A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B. 132, A.L. 2003 H.B. 511, A.L. 2018 S.B. 592)
Effective 11-07-18