Section 115.377

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 28 Aug 1999   

  115.377.  Certification of nomination by committee or committee chairman, form of — candidate's declaration, form of. — 1.  Each selection of a candidate made by a party nominating committee pursuant to section 115.363 shall be certified by the chair or acting chair of the nominating committee and filed with the election official authorized to receive declarations of candidacy for the office, provided that no committee member may act as chair for purposes of certifying his or her own selection as candidate.  Each such certification shall be subscribed and sworn to by the chair or acting chair before the election official accepting the certification or a notary public and shall be in substantially the following form:

I, ______, Chair (Acting Chair) of the ______ party nominating committee duly authorized to nominate a candidate to fill the vacancy created by the death (withdrawal, disqualification, resignation) of ______, do hereby certify that on the ______ day of ______, ______, the nominating committee met and duly selected ______ as the ______ party candidate for nomination (election) to (fill the unexpired term in) the office of ______, district ______, at the primary (general, special) election to be held on the ______ day of ______, ______.
I further certify that before the meeting, each member of the nominating committee was properly notified of the time and place of the meeting, a majority vote of the members of the nominating committee were present at the meeting, and ______ was duly selected by a majority of the members present at the meeting.
__________________		Subscribed and sworn
Signature of chair		to before me this
or acting chair		______ day of
		______, ______
		__________________
		Signature of election
		official or notary
		public

  2.  Each selection of a candidate made by the chair of a party nominating committee pursuant to section 115.375 shall be certified by the chair of the nominating committee and filed in the office of the election official authorized to receive declarations of candidacy for the office.  Each such certification shall be subscribed and sworn to by the chair before the election official accepting the certification or a notary public and shall be as far as practicable in the form provided in subsection 1 of this section.

  3.  When submitted for filing, each certification made by the chair or acting chair of a party nominating committee pursuant to this section shall be accompanied by a declaration of candidacy and any filing fee required for the candidate selected by the nominating committee or its chair.  The declaration candidacy shall state the candidate's full name, residence address, office for which such candidate proposes to be a candidate, the party upon whose ticket he or she is to be a candidate and that if nominated and elected he or she will qualify.  Each such declaration shall be in substantially the form set forth in section 115.349.  Each such declaration shall be subscribed and sworn to by the candidate before the election official accepting the certification, a notary public or other officer authorized by law to administer oaths.

  4.  Neither the secretary of state nor any election authority shall accept any certification, declaration of candidacy or filing fee submitted by the chair or acting chair of a party nominating committee after the deadline provided for submitting such certification in section 115.373 or 115.375.  Any selection made by a party nominating committee or by the chair of a party committee which is not made in accordance with the provisions of sections 115.363 to 115.377 shall be null and void.

­­--------

(L. 1977 H.B. 101 § 10.140, A.L. 1999 H.B. 676)