Section 5.42 Notice of Elections and Other Publicity

• Library: Local Government Deskbook (2017 Ed.)

b. (§5.42) Notice of Elections and Other Publicity

Under the Comprehensive Election Act of 1977, Chapter 115, RSMo, the election authority is charged with the duty of giving notices of elections. But because defects in the publication of election notices are usually fatal to the validity of the election, counsel for the municipality would be wise to ensure that the publication will comply with the statutory requirements. Counsel should also be aware that many constitutional charters contain requirements for publication of debt statements or other items in addition to the notice requirements of the Comprehensive Election Act of 1977.

Under § 115.127, RSMo 2016, the election authority is to cause legal notice of the election to be published in two newspapers, of different political faith, that qualify under Chapter 493, RSMo. Section 115.127.2 addresses the situation in which there are not two newspapers of different political faith published within the city. The notice is to be published twice, the first publication occurring in the second week before the election and the second publication occurring within one week before the election. Id. The second publication must include the location of the polling places in addition to the other information required by the statute. Id. In preparing the...