Mo. Rev. Stat. » Chapter 79
Missouri Revised Statutes

Mo. Rev. Stat. § 79.280 (2026)

Vacancies in certain offices, how filled

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  79.280.  Vacancies in certain offices, how filled. — If a vacancy occurs in any elective office, the mayor or the person exercising the duties of the mayor shall cause a special meeting of the board of aldermen to convene where a successor to the vacant office shall be selected by appointment by the mayor with the advice and consent of a majority of the remaining members of the board of aldermen.  If the vacancy is in the office of mayor, nominations of a successor may be made by any member of the board of aldermen and selected with the consent of a majority of the members of the board of aldermen.  The board of aldermen may adopt procedures to fill vacancies consistent with this section.  The successor shall serve until the next regular municipal election.  If a vacancy occurs in any office not elective, the mayor shall appoint a suitable person to discharge the duties of such office until the first regular meeting of the board of aldermen thereafter, at which time such vacancy shall be permanently filled.

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(RSMo 1939 § 7123, A.L. 1978 H.B. 971, A.L. 1982 S.B. 526, A.L. 1985 H.B. 620, A.L. 1989 H.B. 230, A.L. 1999 S.B. 214)

Prior revisions: 1929 § 6973; 1919 § 8424; 1909 § 9326

Notes of Decisions
Cited in 2 cases, 1976–2004 · leading case: Hardesty v. City of Buffalo, 155 S.W.3d 69 (Mo. Ct. App. 2004).
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Hardesty v. City of Buffalo, 155 S.W.3d 69 (Mo. Ct. App. 2004). “250 (amended in 1967, 1969, 1978, 1987 and 1994); § 79.280 (amended in 1978, 1982, 1985, 1989 and 1999); § 79.”
Loman v. Tharp, 542 S.W.2d 306 (Mo. Ct. App. 1976). “This reasoning by appellant is based upon the provisions of § 79.280, which paraphrased provides that if a vacancy occurs in an elective office, the mayor shall cause a special election to fill the vacancy, giving notice; provided, that if the vacancy occurs within six months of…”
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