Posted on 08/20/2012 1:31:03 PM PDT by Arthurio
Withdrawal of candidacy, deadline for, how made.
115.359. 1. Any person who has filed a declaration of candidacy for nomination and who wishes to withdraw as a candidate shall, not later than the eleventh Tuesday prior to the primary election, file a written, sworn statement of withdrawal in the office of the official who accepted such candidate's declaration of candidacy. Any person nominated for an office who wishes to withdraw as a candidate shall, not later than the eleventh Tuesday prior to the general election, file a written, sworn statement of withdrawal in the office of the official who accepted such candidate's declaration of candidacy. In addition, any person who has filed a declaration of candidacy for nomination or who is nominated for an office who wishes to withdraw as a candidate due to being named as the party candidate for a different office by a party nominating committee pursuant to sections 115.363 to 115.377 may withdraw as a candidate no later than 5:00 p.m. on the fifth day after being named as the party candidate for a different office by the party nominating committee.
2. Except as provided for in section 115.247, if there is no additional cost for the printing or reprinting of ballots, or if the candidate agrees to pay any printing or reprinting costs, a candidate who has filed or is nominated for an office may, at any time after the time limits set forth in subsection 1 of this section but no later than 5:00 p.m. on the sixth Tuesday before the election, withdraw as a candidate pursuant to a court order, which, except for good cause shown by the election authority in opposition thereto, shall be freely given upon application by the candidate to the circuit court in the county of such candidate's residence. No withdrawal pursuant to this subsection shall be effective until such candidate files a copy of the court's order in the office of the official who accepted such candidate's declaration of candidacy.
3. The name of a person who has properly filed a declaration of candidacy, or of a person nominated for office, who has not given notice of withdrawal as provided in subsection 1 or 2 of this section shall, except in case of death or disqualification, be printed on the official primary or general election ballot, as the case may be.
(L. 1977 H.B. 101 § 10.120, A.L. 1995 H.B. 484, et al., A.L. 1996 H.B. 1557 & 1489, A.L. 1997 S.B. 132, A.L. 1999 H.B. 676)
He can still be booted past tomorrow, but it will require a court order. And Democrat Robin Carnahan will have an opportunity to oppose.
Akin, who is running for U.S. Senate against incumbent Claire McCaskill, has until Tuesday at 5 p.m. to withdraw without a court order, according to Missouri election law. That law allows candidates to leave the ballot 11 weeks before election day, otherwise he would need a court order, which he can get up until Sept. 25. The Republican state committee would have two weeks to name a replacement, under the law.
So I guess if he’s gone before sundown tomorrow, the state party can pitch Steelman vs. Brunner for a rematch.
What does Carnahan have to do with it?
Akin is an R.
McCaskill is the D.
2nd R runner up was Brunner with 180,788 votes;
3rd R runner up was Steelman with 176,127 votes.
Read paragraph 2 of the statute. He can withdraw past tomorrow, but the election authority (Carnahan) can oppose this per the statute.
I don't understand what the next step would be, even if he does withdraw tomorrow.
Or he and the candidate for his old seat can switch, at any time apparently, if the Party committee nominates them for those offices.
But I hope he stays in and wins...
If I understand it correctly, by Missouri law, the state Republican party would have two weeks to name a replacement once Akin withdraws. No primary. Purely the decision of a Republican committee as to who becomes the candidate to represent the party on the ballot.
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