Cross References — As to administration, Title I; as to elected officials, §§115.010 et seq.
State Law References — Elections in third class cities generally, §77.040, RSMo.; elections, ch. 115, RSMo.
[R.O. 2009 §9-1; Ord. No. 1453 §II(120.011), 12-28-1977]
Except as may be otherwise provided in this Chapter, the general election laws of the State, insofar as the same are applicable, shall apply to and govern all elections held within this City.
[1]
State Law Reference — Suffrage and elections, ch. 115, RSMo.
[R.O. 2009 §9-2; Code 1975 §120.040; Ord. No. 2190 §1, 6-12-1991; Ord. No. 3101 §I, 9-26-2001; Ord. No. 3640 §I, 6-14-2006; Ord. No. 4089 §I, 11-28-2012]
A. 
The City is hereby divided into four (4) wards, each of which wards shall be described hereafter:
1. 
First Ward. The First Ward shall be defined as follows: Starting at North Fifth Street and Grand Avenue; thence east on the south side of North Fifth Street .06 mile; thence north on North Mill Drive .02 mile; thence east on the south side of Frisco Street .35 mile; thence south on the east property line of 16 Frisco 161 feet; thence south on the east property line of 414 Edwards 106 feet; thence south on the east property line of 406 Edwards 153 feet; thence south on the east property line of Parcel No. 193.006.04017001 179 feet; thence south on the west side of Brierton Lane .52 mile; thence east on the south side of Beffa Street .19 mile; thence south to the east property line of Parcel No. 193.008.02012004 133 feet; thence south on the east property line of 119 Pine Street 496 feet; thence south on the east and south property line of Parcel No. 193.00802012019 (Wal-Mart) 1951 feet; thence south on the east property line of Parcel No. 193.007.01019001 233 feet; thence south on the east side of Hwy. 61-67 to the Cloverleaf (61-55 junction) 3.1 miles; thence north on I-55 east side of highway .75 mile; thence west along the south property line of Parcel No. 193.007.03002001 976 feet; thence west along the south border of Northwoods Subdivision 1934 feet; thence north along the south and west border of Parcel No. 181.012.0007021.02 1556 feet; thence north along the west property line of 1943 Gamel Cemetery Road 516 feet; thence northeast along the east side of Gamel Cemetery Road .55 mile; thence east along the south side of Hwy. A .35 mile; thence northeast along the east side of Lee Avenue .46 mile; thence north along the east side of Palmer .16 mile; thence east along the south side of West Main .19 mile; thence north along the east side of Grand Avenue .25 mile; ending at the starting point at North Fifth and Grand.
2. 
Second Ward. The Second Ward shall be defined as follows: Starting at Hillsboro Road and Sunshine; thence east along the south side of Hillsboro Road .45 mile; thence east along the south side of North Fifth .46 mile; then north along the east side of Ridge Avenue .28 mile; thence east along the south side of Sunnyside Avenue .18 mile; thence north along the east side of North Mill Drive .42 miles; thence north along the east side of Parcel No. 109.031.03001019 558 feet; thence north along the east side of Parcel No. 109.031.03001019.06997 feet; thence northeast along Parcel No. 109.031.04002011 398 feet; thence east along the north side of Parcel No. 109.031.04002002.07 172 feet; thence east along the north side of Parcel No. 109.031.04002001 220 feet; thence south along the west side of Hwy. 61-67 .92 mile; thence west along the north side of Frisco Street .45 mile; thence west along the north side of North Fifth Street .06 mile; thence south along the west side of Grand Avenue .25 mile; thence west along the north side of West Main Street .46 mile; thence south along the east side of Parcel No. 193.006.04040008 268 feet; thence south along the east side of Parcel No. 193.006.04040012.01 113 feet; thence south along the west side of Palmer Street .07 mile; thence southwest along the northwest side of Lee Avenue .41 mile; thence west along the north side of Hwy. A .54 mile; thence north along the east side of Collins Drive .35 mile; thence east along the south side of West Main .12 mile; thence north along the east side of Sunshine Drive .33 mile; thence west along the north side of Midmeadow Lane .07 mile; thence north along the east side of Westwind Drive .23 mile; thence east along the south side of St. Marys Lane .06 mile; thence north along Sunshine .65 mile; returning to the starting point at Sunshine and Hillsboro Road.
3. 
Third Ward. The Third Ward shall be defined as follows: Beginning at Blue Ridge Trace; thence east along the north side of Old Hwy. A .48 mile; thence east along the north side of Sunshine Drive .89 mile; thence east along the north side of Hillsboro Road .45 mile; thence east along the north side of North Fifth Street .46 mile; thence north along the west side of Ridge Avenue .28 mile; thence east along the north side of Sunnyside Avenue .18 mile; thence north along the east side of North Mill Drive .42 mile; thence north along the west side of Parcel No. 109.031.03001019 558 feet; thence north along the west side of Parcel No. 109.031.03001019.06 997 feet; thence northeast along Parcel No. 109.031.04002011 398 feet; thence east along the south side of Parcel No. 109.031.04002015 383 feet; thence north along Hwy. 61-67 .45 mile; thence west along the north and east sides of Parcel No. 109.031.01002007 1849 feet; thence south along Scenic Drive .62 mile; thence west along the north side of Parcel No. 109.031.03001024.01; thence north along the east side of I-55 .41 mile; thence south along the west side of I-55 .49 mile; thence west along the north side of Parcel No. 109.031.03001018 2134 feet; thence southwest along the north side of Parcel No. 117.035.0015 2316 feet; thence west along the north side of Parcel No. 117.035.0051.01 3044 feet; thence northwest along the north side of Parcel No. 117.035.0008 1187 feet; thence northwest along the west and north side of Parcel No. 117.035.0009 3673 feet; thence south along the west side of Blue Ridge Trace Subdivision ending at the starting point of Blue Ridge Trace and Old Hwy. A 2784 feet.
4. 
Fourth Ward. The Fourth Ward shall be defined as follows: Starting at Sunshine Drive and Hawks Pointe Drive; thence east along the west side of Sunshine .42 mile; thence west along the north side of St. Marys Lane .06 mile; thence south along the west side of Westwind Drive .23 mile; thence east along the south side of Midmeadow Lane .07 mile; thence south along the west side of Sunshine Drive .33 mile; thence west along the north side of West Main Street .12 mile; thence south along the west side of Collins Drive .35 mile; thence east along the south side of Hwy. A .18 mile; thence south along the west side of Bradley .06 mile; thence southwest along the north side of Gamel Cemetery Road; thence south along the east property line of 11520 Gamel Cemetery Road 499 feet; thence south along the east property line of Parcel No. 181.012.0007021.03 808 feet; thence east along the north property line of Parcel No. 186.013.0001031 256 feet; thence northeast along the north property line of Parcel No. 186.013.0001002 2176 feet; thence east along the north property line of Parcel No. 194.018.0003001 976 feet; thence east along the north property line of Parcel 194.018.0003002 46 feet; thence east along the north property line of Parcel No. 194.018.0003023 39 feet; thence south along the west side of I-55 to the southwest corner of the Cloverleaf I-55 south to Hwy. 61-67 south .81 mile; thence west along the south property line of Parcel No. 194.018.0005014.08 1324 feet; thence north along the west and north property line of Parcel No. 194.018.0003020.01 1287 feet; thence north and west along the north side of County Road CC 1.2 miles; thence south along the north and east property line of 11786 County Road CC 514 feet; thence south along the east property line of 11790 County Road CC 97 feet; thence south along the east property line of 11800 County Road CC 196 feet; thence south along the east property line of 11810 County Road CC 101 feet; thence south along the property line of Parcel No. 186.013.005024 212 feet; thence south along the east property line of 11820 County Road CC 246 feet; thence west along the south and west property line of 11835 State Road CC 1815 feet; thence north along the south property line of 11815 State Road CC 1206 feet; thence south along the south, west and north property lines of Parcel No. 186.013.002026 8270 feet; thence north along the west property line of 11645 Gamel Cemetery Road 471 feet; thence north along the west property lines of 40, 42, 44, 60, 62 Adventura and Greenbrier Common Ground 1 1565 feet; thence east along the north property lines of 64, 66, 68, 70, 72, 74, 76, 78, 80, 82, 84 Adventura 1096 feet; thence west along the south side of 11515 Gamel Cemetery Road 191 feet; thence west along south side of Parcel No. 181.012.0005008.04 180 feet; thence west along Tanglewood Subdivision Common Ground 3 1561 feet; thence north along the west side of Parcel No. 181.012.0005013 (Common Ground) 2115 feet; thence northwest along the south side of 1663 Bermuda Dr.; thence northeast along the west property line of 1664 Bermuda 151 feet; thence northeast along the west property line of 1657 Bermuda 136 feet; thence east along the north property line of Tanglewood Common Ground 1038 feet; thence north along the west and north property lines of 11349 Pounds Road 1021 feet; thence west along the west and north property lines of Parcel No. 181.012.0005002 614 feet; thence north along the west property line of 1602 Galemore Street 183 feet; thence west along the south property line of 1926 Booth Road 358 feet; thence west along the north and east property line of 1935 Booth Road 475 feet; thence east along the north property line of 1929 Booth Road 213 feet; thence east along the north property line of 1927 Booth Road 176 feet; thence east along the west property line of Parcel No. 181.012.0004016 141 feet; thence north along the west and north property line of 1999 Pounds Road 445 feet; thence east along the south side of West Main Street .18 mile; thence north along the west side of Parcel No. 181.012.002013 416 feet; thence north along the west side of 1515 Midmeadow Lane 586 feet; thence west along the west side of Cedar Lane including all houses on Cedar Lane .39 mile; thence west along the south side of Rosemary including 612 Rosemary and 703 Rosemary 537 feet; thence west along the south side of Orchard Lane including all houses along Orchard .19 mile; thence northwest on Bailey School Road .16 mile, excluding 10936, 10944, 10960, 10964, 10980 Bailey School Road; thence south along the east and south property line of Parcel No. 181.002.0044.01 433 feet; thence west along the south property line of 10928 Bailey School Road 116 feet; thence west along the south property line of Parcel No. 181.002.0058.65 282 feet; thence west along the east property line of Parcel No. 181.002.0058.64 165 feet; thence west along the south and west property line of Parcel No. 181.002.0058 3134 feet; thence northwest along the south side of Parcel No. 117.035.0094 2948 feet; thence north along the west side of Parcel No. 117.035.0094 447 feet; thence east along the northwest side of Parcel No. 117.035.0094 571 feet; thence north along the east side of Parcel No. 117.035.0094 270 feet; thence southeast along the south side of Old Hwy. A to Sunshine .95 miles; returning to the starting point at Sunshine and Hawks Pointe.
[Ord. No. 3946 §I, 10-27-2010]
A. 
Date. A general election for the elective officers of the City shall be held on the first (1st) Tuesday after the first (1st) Monday in April of each year.
B. 
Filing Of Candidates. Any person desiring to seek elective City municipal office may do so by filing his/her name and the office for which he/she seeks election with the City Clerk during normal working hours at the City Clerk's office at 8:00 A.M. on the seventeenth (17th) Tuesday prior to the election, and the closing date shall be 5:00 P.M. on the fourteenth (14th) Tuesday prior to the election. For the purpose of determining the order in which declarations of candidacy are filed, the City Clerk or his/her designee shall, at 5:00 P.M. on the first day of filing, hold a lottery from amongst all candidates having filed on that day to determine the order upon which candidate's names shall appear on the ballot. This lottery shall be open to the public and shall be held in City Hall. Declarations of candidacy received thereafter shall be placed on the ballot in the order they are received. The Clerk or his/her designee shall continue to accept filings until filing has closed. A legal notice shall be published in at least one (1) newspaper of general circulation prior to the opening of the filing.
[Ord. No. 4647, 8-24-2021]
C. 
Conformance With State Law. All City elections shall be conducted and held in conformance with the provisions of the Revised Statutes of the State in effect at the time of the holding of the election.
D. 
Voter's Qualifications. All residents of the City who are qualified and properly registered voters shall be entitled to vote at City elections.
E. 
Duties Of Police Officers. It shall be the duty of the City Police Officers to give any assistance or protection required by the election authority, any employee of the election authority or any election judge, and to comply with all lawful requests and directions of the election authority relating to such assistance.
F. 
Certification Of Election Results. As soon as practicable after each City election, the election authority shall verify the count and certify the results of the election. Not later than the second (2nd) Tuesday after the election, the election authority shall issue a statement announcing the results of each election and shall certify the returns to the City Clerk. The City Clerk shall issue to each person elected a certificate of election.
[R.O. 2009 §9-3; Code 1975 §120.030]
A. 
The offices of Mayor and Treasurer shall be fulfilled by election as provided in Sections 115.010 and 115.210 respectively.
B. 
On the first (1st) Tuesday after the first (1st) Monday in April in each odd-numbered year, there shall be elected from each ward in the City by the qualified voters thereof one (1) Council member who shall hold his/her office for two (2) years.
[1]
State Law References — Election of officers, §§77.040, 77.370, RSMo.
[R.O. 2009 §9-4; Ord. No. 1453 §II(120.021), 12-28-1977; Ord. No. 1916 §1, 3-26-1986]
A. 
At all elections in the City, the candidates for all elective officers shall complete a form supplied by the City Clerk requesting that their name be considered for an elective office of the City. At a minimum, this form shall include the full name of the candidate and the number of years at the address of that candidate within the City of Festus.
B. 
Filing fees shall be as follows:
Mayor
$50.00
Council member
$25.00
All other elective offices
$5.00
A. 
If two (2) or more persons receive an equal number of votes for nomination or election to any office not otherwise provided for in Section 115.515, RSMo., or this Section, and a higher number of votes than any other candidate for nomination or election to the same office, the officer with whom such candidates filed their declarations of candidacy shall, immediately after the results of the election have been certified, issue a proclamation stating the fact and ordering a special election to determine which candidate is elected to the office. The proclamation shall set the date of the election and shall be sent by the officer to each election authority responsible for conducting the special election. In his/her proclamation, the officer shall specify the name of each candidate for the office to be voted on at the election, and the special election shall be conducted and the votes counted as in other elections.
B. 
As an alternative to the procedure prescribed in Subsection (A) of this Section, if the candidates who received an equal number of votes in such election agree to the procedure prescribed in this Subsection, the officer with whom such candidates filed their declarations of candidacy may, after notification of the time and place of such drawing given to each such candidate at least five (5) days before such drawing, determine the winner of such election by lot. Any candidate who received an equal number of votes may decline to have his/her name put into such drawing.