Candidate Information

Special Election Information for County Sheriff

A vacancy has occurred in the office of County Sheriff effective at 1:00 p.m. on August 13, 2018.  An interim sheriff has been appointed by the Cape Girardeau County Commission.  The following information outlines the qualifications for the office and the process of filling the vacancy pursuant to the Missouri Revised Statutes.

Vacancy in Office (57.080, RSMo)

  • Whenever the Office of Sheriff becomes vacant, it shall be immediately filled by the County Commission through appointment.
  • If the vacancy occurs within nine months of the next General Election, the person appointed by the County Commission shall hold the office until the person chosen at such election is sworn into office. The next General Election will be held on November 6, 2018.

Selection of Party Candidates for the General Election

  • A party nominating committee may select a party candidate for election to an office for an election called to fill a vacancy (115.363.5, RSMo).
  • The nominating committee to select a candidate for county office shall be the county committee of the party (115.365.1, RSMo).
  • The chair of county committee of each party shall call a meeting for the purpose of selecting a candidate to fill the vacancy within two weeks of being notified of the vacancy (115.369, RSMo).
  • The candidate nominated by each political party shall be certified by the chair of each party committee. The preferred deadline for certification of a party candidate to be filed with the election authority is by 5:00 p.m. on August 28, 2018; however, efforts will be made to accommodate certification of party candidates no later than 5:00 p.m. on September 4, 2018.
  • A Declaration of Candidacy and $50 filing fee (payable to the political party committee) for the selected candidate of each party must be accompanied with the certification made by the party chair. The Declaration of Candidacy form must be sworn to by the candidate (in person) before the Cape Girardeau County Election Authority, a notary public, or other officer authorized by law to administer oaths (Section 115.327, RSMo).  The form 5120 for the Department of Revenue and Notice to Candidate form for the personal financial disclosure requirements must also be completed by the candidate.

Independent Candidates

  • Any person desiring to be an independent candidate for the office of County Sheriff shall file a petition with the election authority of the county.
  • The petition shall be signed by the number of registered voters equal to at least two percent (2%) of the total number of voters who voted at the last election for candidates for the same office being sought or 10,000 voters, whichever is less (115.321, RSMo).
  • The last election for County Sheriff was November 8, 2016 with a total of 32,354 votes being cast. A total of 648 valid signatures are required for an independent candidate to be nominated and placed on the ballot. (We recommend obtaining more signatures than the required number to ensure you have the total number of valid signatures required.)
  • The preferred deadline for submission of an Independent Candidate Petition to be filed with the election authority is by 5:00 p.m. on August 28, 2018; however, efforts will be made to accommodate the filing of Independent Candidate Petitions no later than 5:00 p.m. on September 4, 2018.
  • A Declaration of Candidacy form must be filed with the petition. The Declaration of Candidacy form submitted with the petition must be sworn to by the candidate (in person) before the Cape Girardeau County Election Authority, a notary public, or other officer authorized by law to administer oaths (Section 115.327, RSMo). The form 5120 for the Department of Revenue and Notice to Candidate form for the personal financial disclosure requirements must also be completed by the candidate.
  • Submit petitions in person to:

Cape Girardeau County Clerk/Election Authority
County Administration Building
1 Barton Square, Suite 301
Jackson, MO 63755

Qualifications (57.010, RSMo, 115.306 RSMo, and Article VII, Section 8, Constitution of Missouri)

  • No felony convictions
  • Resident taxpayer and Registered Voter of the county
  • Resident of the county for more than 1 year before filing for office
  • Capable of efficient law enforcement
  • Has a valid peace office license at the time of filing for office
  • Citizen of the United States
  • Resident of the state 1 year next preceding election
  • Is not delinquent in the payment of any state income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence as stated in the declaration of candidacy
  • Is not a past or present corporate officer of any fee office that owes any taxes to the state
  • Has not been found guilty of or pled guilty to a felony under the federal laws of the United States of America
  • Has not been found guilty of or pled guilty to a felony under the laws of this state or an offense committed in another state that would be considered a felony in this state

Questions

For questions regarding the Special Election for County Sheriff, please contact the Cape Girardeau County Clerk’s Office at (573)243-3547 or kclark@capecounty.us.