115.549. New primary election may be ordered, when. — If any court trying a contested primary election determines there were irregularities of sufficient magnitude to cast doubt on the validity of the initial election, it may order a new primary election for the contested office. The order shall set the date of the election, which shall not be less than fourteen or more than thirty days after the order is issued, and shall be sent by the clerk of the court to each election authority responsible for conducting the special election. In its order, the court shall specify the name of each candidate for the office to be voted on at the special election, and the election shall be conducted and the votes counted as in other primary elections. Notice of the election shall be given in such manner as the court directs. The person receiving the highest number of votes at a special party primary election shall be his party's nominee for the contested office. The requisite number of persons receiving the highest number of votes at any other special primary election shall be the nominees for the office.
Notes of Decisions
Cited in
9
cases, 1978–2016 · leading case:
Franks v. Hubbard, 498 S.W.3d 862 (Mo. Ct. App. 2016).
Franks v. Hubbard, 498 S.W.3d 862 (Mo. Ct. App. 2016).
· cites it 7× “In her first point on appeal, Hubbard contends the'trial court erred in ordering a new election pursuant to § 115.549, RSMo 2000 because the Board’s failure to require the use of absentee ballot envelopes for absentee voting on electronic voting systems, even if deemed an…”
Royster v. Rizzo, 326 S.W.3d 104 (Mo. Ct. App. 2010).
· cites it 10× ““There is no doubt the legislature in the comprehensive Election Act intended primary election contests to be fully decided prior to the general election.”
Hockemeier v. Berra, 641 S.W.2d 67 (Mo. 1982).
· cites it 6× “Section 115.549, RSMo 1978, provides that if a trial court orders a new primary election for a contested office, it “.”
State ex rel. Bouchard v. Grady, 86 S.W.3d 121 (Mo. Ct. App. 2002).
· cites it 2× “Section 115.549 permits a court trying a contested primary election to order a new primary election “which shall not be less than fourteen or more than thirty days after the order is issued.”
Black v. Bockenkamp, 607 S.W.2d 176 (Mo. Ct. App. 1980).
· cites it 7× “Bockenkamp argues the circuit court erroneously declared and applied § 115.549, RSMo.1978 in that it held “a new primary election could be ordered only when it is shown that election irregularities caused an otherwise losing candidate to win.”
Harter v. Kehm, 733 S.W.2d 775 (Mo. Ct. App. 1987).
· cites it 4× “Section 115.549, RSMo 1978, requires an order for a new primary election to be issued at least 14 days before that election; and § 115.”
State ex rel. Bushmeyer v. Cahill, 575 S.W.2d 229 (Mo. Ct. App. 1978).
“Nor can these plaintiffs pursue their election contest on the basis of § 115.549. They must have standing to initiate the action before they can allege irregularities of sufficient magnitude to cast doubt on the validity of the election.”
Barks v. Turnbeau, 573 S.W.2d 677 (Mo. Ct. App. 1978).
“” § 115.549. The irregularities here were more than petty procedural infirmities but abuses of the election law which cannot be ignored.”
Edwards v. Kelley, 578 S.W.2d 357 (Mo. Ct. App. 1979).
“” Furthermore, § 115.549 requires a court which orders a new primary election to set a date for the election “which shall not be less than fourteen or more than thirty days after the order is issued .”
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