Section 105.030

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

Chapter 105

Effective - 28 Aug 2018, 2 histories   

  105.030.  Vacancies, how filled. — 1.  Whenever any vacancy, caused in any manner or by any means whatsoever, occurs or exists in any state or county office originally filled by election of the people, other than in the offices of lieutenant governor, state senator or representative, sheriff, or recorder of deeds in the City of St.  Louis, the vacancy shall be filled by appointment by the governor except that when a vacancy occurs in the office of county assessor after a general election at which a person other than the incumbent has been elected, the person so elected shall be appointed to fill the remainder of the unexpired term; and the person appointed after duly qualifying and entering upon the discharge of his duties under the appointment shall continue in office until the first Monday in January next following the first ensuing general election, at which general election a person shall be elected to fill the unexpired portion of the term, or for the ensuing regular term, as the case may be, and the person so elected shall enter upon the discharge of the duties of the office the first Monday in January next following his election, except that when the term to be filled begins on any day other than the first Monday in January, the appointee of the governor shall be entitled to hold the office until such other date.

  2.  (1)  Notwithstanding subsection 1 of this section or any other provision of law to the contrary, when any vacancy, caused in any manner or by any means whatsoever, occurs or exists in any county office, the county commission of all noncharter counties shall, no later than fourteen days after the occurrence of the vacancy, fill the vacancy by appointment, and the person so appointed by the county commission, after duly qualifying and entering upon the discharge of his or her duties under the appointment, shall continue in office until the governor fills the vacancy by appointment under subsection 1 of this section or until the vacancy is filled by operation of another provision of law.

  (2)  In any county with only two county commissioners, if the commissioners cannot agree upon an appointee, the two remaining county commissioners and the presiding judge of the circuit court shall vote to make the appointment required under subdivision (1) of this subsection.

  3.  The provisions of this section shall not apply to:

  (1)  Vacancies in county offices in any county which has adopted a charter for its own government under Section 18, Article VI of the Constitution; or

  (2)  Vacancies in the office of any associate circuit judge, circuit judge, circuit clerk, prosecuting attorney, or circuit attorney.

  4.  Any vacancy in the office of recorder of deeds in the City of St. Louis shall be filled by appointment by the mayor of that city.

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(RSMo 1939 § 11509, A.L. 1955 p. 728, A.L. 1983 S.B. 250, A.L. 1990 S.B. 580, A.L. 2018 H.B. 1428)

Prior revisions: 1929 § 10216; 1919 § 4786; 1909 § 5828

(2019) Governor had authority under Article IV, Section 4 of Missouri Constitution to appoint Lieutenant Governor; express power to appoint could not be abrogated by mere implication of statute.  Cope v. Parson, 570 S.W.3d 579 (Mo.).