NEW ELECTION FILING LAW IS STEP IN RIGHT DIRECTION

From the very night of the late Rep. Bill Emerson's death, a problem in Missouri's laws pertaining to filing for political office was exposed for all to see. Emerson died on June 22, 1996, slightly more than six weeks before the Aug. 6 primary election. Most political observers thought that upon the death of an incumbent, some means of re-opening the filing process for a few days might be effected. However, a little-known provision of a statute passed the year before was read by Secretary of State Bekki Cook to bar re-opening of filing when such a death occurs inside 11 weeks prior to an election.

Cook's reading of the law went unchallenged in court amid much wrangling in the court of public opinion. This year the General Assembly, with Cook's support, enacted a law that attempts to redress this situation. Under the new statute, filing is re-opened for five business days for all parties if an incumbent dies or the only candidate withdraws or is disqualified eight weeks or more before the primary. If the situation occurs between six and eight weeks out from the primary, each party would be able to choose an additional candidate to run in the primary.

Everyone agrees that no election law can address every difficult situation that may occur. The new law is a step in the right direction.