Section 21.130

Title III LEGISLATIVE BRANCH

Chapter 21

Effective - 28 Aug 1978   

  21.130.  Duty of election authority on receipt of writ. — The election authority to whom any writ of election is delivered shall cause the election to supply the vacancy to be held within the limits composing the county or district at the time of the next preceding general election, and shall issue its proclamation or notice for holding the election accordingly, and transmit a copy thereof, together with a copy of the writ, to^* the election authority of each of the counties within which any part of the old county or district lies, who shall cause copies of the notice to be put up, and the election to be held accordingly, in the parts of their respective counties as composed a part of the old county or district for which the election is to be held, at the last preceding general election; and the returns shall be made and the certificate of election granted in all things as if no division had taken place.

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(RSMo 1939 § 12861, A.L. 1957 p. 595, A.L. 1978 H.B. 971)

Prior revisions: 1929 § 11236; 1919 § 7111; 1909 § 8110

*Word "to" does not appear in original rolls.

CROSS REFERENCE:

Notice of election, 115.127

(1992) Phrase "shall be elected" in Art. 3, Section 7, Mo. Const., refers only to general elections and does not conflict with statute requiring special election to fill vacancy to be held within limits composing district at time of "next preceding general election." State ex rel.  Mathewson v. Board of Election Commissioners of St. Louis County, 841 S.W.2d 633 (Mo. en banc).