Mo. Rev. Stat. » Chapter 115
Missouri Revised Statutes

Mo. Rev. Stat. § 115.125 (2026)

Notice of election, when given

✓ current as of May 2026
Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

  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.

­­--------

(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

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1995–2024 · leading case: State Ex Rel. Chastain v. City of Kansas City, 968 S.W.2d 232 (Mo. Ct. App. 1998).
Sort: Relevance Newest Treatment
State Ex Rel. Chastain v. City of Kansas City, 968 S.W.2d 232 (Mo. Ct. App. 1998). · cites it 5× “the easier requirements for an initiative; (2) the proposed ordinance contained administrative issues that may not be submitted to voters in an initiative; (3) the proposed ordinance was facially illegal in that it impaired USAC’s vested contract rights under Ordinance 940028…”
Coyne v. Edwards, 395 S.W.3d 509 (Mo. 2013). · cites it 6× “§ 115.125, RSMo Supp.2012. A “late notification” of change can still be made to the authorities between the 10th and 6th Tuesdays prior to the election, however, so long as it is accompanied by a court order.”
State Ex Rel. Nixon v. Blunt, 135 S.W.3d 416 (Mo. 2004). · cites it 4× “Section 115.125 provides, in part: 1. Not later than 5:00 p.”
Bd. of Educ of City of St. Louis v. State, 47 S.W.3d 366 (Mo. 2001). “10 The State argues sections 115.125, 115.127.2 and 115.127.5 confer the necessary authority to the Board to supply the missing details for conducting the election.”
State Ex Rel. City of Crestwood v. Lohman, 895 S.W.2d 22 (Mo. Ct. App. 1995). · cites it 2× “577 violates the Missouri Constitution insofar as it excludes the City from its authorizing terms, and that the direction of the court is needed in resolving the Board's duties and responsibilities under sections 115.125, RSMo1986, and 115.127, RSMo Supp.”
Jackson Cnty. Bd. of Election Commissioners Ex Rel. Brown v. City of Lee's Summit, 277 S.W.3d 740 (Mo. Ct. App. 2008). “” On August 28, 2006, the City Clerk notified the Board, pursuant to § 115.125, 1 that the City Council had called a special municipal election to be held on November 7, 2006, and requested that the Board place the following question on the ballot pursuant to Ordinance No.”
State Ex Rel. Thomas v. Neeley, 128 S.W.3d 920 (Mo. Ct. App. 2004). “Other sections, such as §§ 115.125, 115.127, and 115.391, RSMo 2000, discuss other duties of the election authority regarding the conduct of elections, such as notification of elections, preparation of ballots, and the timing for the declaration of candidacy.”
State Ex Rel. Davis v. City of St. John, 230 S.W.3d 351 (Mo. Ct. App. 2007). · cites it 3× “Moreover, section 115.125, RSMo Cum.Supp.2006, provides that except for the death of a candidate, “[n]o court shall have the authority to order an individual or issue be placed on the ballot less than six weeks before the date of the election.”
Cole v. Carnahan, 272 S.W.3d 392 (Mo. Ct. App. 2008). · cites it 4× “2007, provides that except for the death of a candidate, "[n]o court shall have the authority to order an individual or issue be placed on the ballot less than six weeks before the date of the election." See State ex rel. Nixon v. Blunt, 135 S.”
State ex rel. Referendum Comm. Regarding Ordinance 4639 v. Lasky, 932 S.W.2d 392 (Mo. 1996). · cites it 4× “Section 115.125, as enacted in House Bills Nos.”
Bauer v. Transitional Sch. Dist., St. Louis, 88 F. Supp. 2d 999 (E.D. Mo. 2000). “§ 115.125, § 115.127. On December 9, 1998, Bauer filed a motion for joinder to include the Board of Election Commissioners in the case.”
Young v. Godfrey, 966 S.W.2d 331 (Mo. Ct. App. 1998). · cites it 4× “The provisions of Section 115.125 are mandatory. Lasky, 932 S.”
Show all 13 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.