115.321. Independent candidate, how nominated.
Independent candidate, how nominated.
115.321. 1. Any person desiring to be an independentcandidate for any office to be filled by voters throughout thestate, or for any congressional district, state senate district,state representative district, or circuit judge district, shallfile a petition with the secretary of state. Any person desiringto be an independent candidate for any county office shall file apetition with the election authority of the county.
2. Each page or a sheet attached to each page of eachpetition for the nomination of an independent candidate shall:
(1) Declare concisely the intention to nominate anindependent candidate;
(2) State the name and address, including street andnumber, of the independent candidate. If independent candidatesfor presidential elector are to be nominated, a number ofindependent candidates for presidential elector equal to thenumber of electors to which the state is entitled shall benominated by one petition, and the name of their candidate forpresident and the name of their candidate for vice presidentshall be printed on each page or a sheet attached to each page ofthe petition. At least one qualified resident of eachcongressional district shall be named as a nominee forpresidential elector, and the name and address of each candidateshall be printed on each page or a sheet attached to each page ofthe petition. The names of the candidates for president and vicepresident shall not be printed on the official ballot without thewritten consent of such persons. Their written consent shallaccompany and be deemed part of the petition;
(3) State the office for which candidate is to benominated.
3. If an independent candidate is to be nominated for astatewide office, the petition shall be signed by at least tenthousand registered voters of the state.
4. If the independent candidate is to be nominated for adistrict or county office, the petition shall be signed by thenumber of registered voters in the district or county which isequal to at least two percent of the total number of voters whovoted at the last election for candidates for the office beingsought or is equal to ten thousand voters, whichever is less.
5. The name of each person who files a valid petition fornomination as an independent candidate shall be placed on theofficial ballot as an independent candidate for the office at thenext general election or the special election if the petitionnominates a candidate to fill a vacancy which is to be filled ata special election. If presidential electors are nominated bythe petition, the names of the candidates for elector shall notbe placed on the official ballot, but the name of their candidatefor president and the name of their candidate for vice presidentshall be placed on the official ballot at the next presidentialelection.
(L. 1977 H.B. 101 § 10.045, A.L. 1985 H.B. 620, A.L. 1993 S.B. 31)