115.317. Filing valid petition, effect--new party--failure in two consecutive elections to provide candidates, effect.
Filing valid petition, effect--new party--failure in two consecutiveelections to provide candidates, effect.
115.317. 1. The filing of a valid statewide petition shall constitutethe political group a new party for the purpose of placing its name and thenames of its statewide and district and county candidates which are submittedpursuant to section 115.327 on the ballot at the next general election or thespecial election if the petition nominates a candidate to fill a vacancy whichis to be filled at a special election. The filing of a valid countywide ordistrict wide petition shall constitute the political party a new party forthe purpose of placing its name and the names of its county and districtcandidates on the ballot at the next general election or the special electionif the petition nominates a candidate to fill a vacancy which is to be filledat a special election. If presidential electors are nominated by thepetition, the names of the candidates for elector shall not be placed on theofficial ballot, but the name of their candidate for president and the name oftheir candidate for vice president shall be placed on the official ballot atthe next presidential election.
2. If, at an election in which the new party's candidates first appear,any of its candidates for a statewide office receives more than two percent ofall votes cast for the office, the new party shall become an establishedpolitical party for the state. If, at the election in which the new party'scandidates first appear, any of its candidates for an office receives morethan two percent of the votes cast for the office in any district or county,the new party shall become an established political party only for thedistrict or county.
3. If, after becoming an established political party for the state, atany two consecutive elections a party fails to have a statewide candidate orfails to poll for a candidate for any statewide office more than two percentof the entire vote cast for the office, a party shall no longer be deemed anestablished political party. If, after becoming an established politicalparty for a district or county, at any two consecutive elections a party failsto have a candidate in the district or county, as the case may be, or fails topoll more than two percent of the entire vote cast at either of the last twoelections in which the district or political subdivision voted as a unit forthe election of officers or representatives to serve its areas, the partyshall no longer be deemed an established political party.
(L. 1977 H.B. 101 § 10.035, A.L. 1993 S.B. 31, A.L. 1997 S.B. 132)