Fire Protection Districts are organized pursuant to a law
passed by the Missouri legislature (“the General Assembly”) but a
district receives most of its authority from the people, acting through
an election. There is no hard-and-fast reason for this, simply it is a
question of political philosophy. The following are the various types
of election that a fire protection may hold, with references to the law
that authorize them. As a general rule, elections are conducted by the
county clerk (or in the metropolitan counties, by the election board),
but are ordered to be held by the first district.
The law relating to fire districts is found in Chapter 321 of the
state statutes; the law relating to elections is found in Chapter 115.
Fire District Formation
Section 321.120 RSMo (this is the abbreviation for the “Revised
Statutes of Missouri”) relates to the original question as to whether
or not the fire district shall be incorporated, and sets forth a
procedure to be followed for electing the first board members of a fire
protection district. This election should also include a question
authorizing the application of a property tax.
Tax Levy Authorization
There are a number of different provisions in Chapter 321 which
relate to the authorization of property taxes to support the district.
These all require a vote of the people consistent with the
constitutional amendment commonly called the “Hancock Amendment”
(Article X, Sections 16 through 23). These statutes are:
General
321.240 RSMo
Additional
321.241 RSMo
St. Charles County Dispatch
321.243 RSMo
Bonds
321.260 RSMo
Ambulance and Medical Services
321.225 RS Mo
Pension Program
321.240 RSMo
In addition, the following sections apply only in first class counties
General revenue and pension
321.610 RSMo
Ambulance and Emergency Medicine
321.620
It is important to point out that Section 321.240 seemingly
authorizes the board to, without a vote of the people, impose a 30 cent
tax levy. That is the way the section was prior to the adoption of the
Hancock Amendment, but the Hancock Amendment now takes precedence. It
is recommended that, upon the creation of a fire district, that a
separate question be incorporated into the same ballot which would, if
approved, authorize a levy not to exceed a certain funding level within
the 30 cents. This will insure that there is no question as to the
compliance with the Hancock Amendment upon the formation of the fire
protection district.
Initiative Elections
The Fire District law is unique among political subdivision laws in
Missouri in that there is a bround authorization for voter initiated
legislation. This authorization is found at 321.494 RSMo. As far as we
know, there has not been a fire district in Missouri that has faced an
initiative petition, and certainly there has been no litigation about
what this law requires. Please note that Chapter 116 of the state
statutes relates to the conduct of initiative campaigns, and most
probably would apply to a fire district initiative.
Elections to Expand, Consolidate or Dissolve a Fire Protection District
Voter approval is also required to expand, consolidate, or dissolve a fire protection district. These statutes are:
Extend boundaries of fire district
321.301 RSMo
Dissolve a fire district
321.390 RSMo
Consolidae two fire districts into one
321.460 RSMo
Consolidation in First Class county
321.687 RSMo
Board Member (Candidate) Elections
Board elections are nonpartisan (which means that the party
affiliation of candidates is not shown on the ballot. Board elections
are held in April every-other year. Some fire districts, which were
originally organized in an odd numbered year, will hold their elections
in odd numbered years. Other fire districts, which were originally
organized in an even numbered year, will hold their elections in even
numbered years. Even though that procedure doesn’t make much sense,
that is the way it is.
The general law relating of Board Elections is 321.210 RSMo.
As a general rule the statute authorizes a board consisting of three
people, each having a six year term, with the terms staggered so only
one director is elected at one time. (Every once in a while the
Missouri General Assembly will thinker with this rule, shortening the
term of office for certain disfavored fire protection districts. Your
association has consistently opposed such legislation, but not always
successfully. We believe such tinkering violates Article III, Section
40(21) of the Missouri Constitution and is beyond the power of the
General Assembly.
Candidates for election file to run for office with the fire
district’s secretary. Because of political shenanigans from the past,
the date when candidates can begin to file for the office are now
strictly regulated, as is the last day when a candidate can file. You
should work to make your district’s secretary available at reasonable
times so that all candidates get to file who desire to do so. Nothing
can look worse in the newspapers, or in court, than an allegation that
the board’s secretary was hiding from a particular candidate to stop
him from filing for election. (And such an allegation can give the
disfavored candidate a boost in election prospects, as voters are not
generally amused by such stuff.)
A Missouri statute (section 115.124 RSMo) says that if no more than
a number of candidates file for office equal to the number of positions
available on the board then, following certain procedures, an election
is not required. This allows fire protection districts and other units
of government to avoid unnecessary election expenses. In other words,
if only one vacancy exists on the board of directors and only one
candidate files for that position, it is not necessary to follow
through with an entire election and incur those costs.
A more difficult question: suppose no one files for the vacancy?
Then what happens? In that case the election is held, but the ballot
simply has a blank line on it, and voters get to write-in the name of
the person they think would be best qualified to hold the job. So
obviously, it would save the district money if it could recruit someone
to actually file for the position, because with a single candidate for
a single vacancy no election would be necessary.
Occasionally a district will find itself with two persons filing for
office, and the district will wonder if it can request one of the
candidates to withdraw and thereby save money. While candidates are
allowed (in certain circumstances) to withdraw from an election, we
believe it is improper for a fire district to make such a request. The
motto of our state is “let the will of the people be the supreme law”
and there is a bias in our law in favor of democracy (as there should
be). We think that a judge would order an election to be held if there
were any hint that a fire district pressured a candidate not to run. So
don’t do it.
How Election Costs are Calculated
While elections are conducted by the county clerk (or the county
election board) the cost of the election is paid by the various local
governments participating in the election. These costs are allocated on
the basis of population of the governments involved. Obviously an
election with only one polling place is cheaper to hold than an
election with 50 different polling places, because there are fewer
buildings to rent and fewer election judges to be paid. But equally
obvious is the fact than an election in which 15 local governments
participate will generally be cheaper than an election held for only 1
local government, because the first election will be spread over 15
payers. You can generally get an advance estimate of the cost of the
election from the county election authority.
When Elections are Held
Missouri law permits elections to be held only on certain days.
These days are always a Tuesday (for no reason except for history). In
general elections are held on the “first Tuesday after the first
Monday” in a particular month. Some elections may only be used for
specific purposes, as shown below. The election days are
February
only
for primary elections in certain cities that have partisan election for
membership on the city council. St. Louis city is an example.
March
only
for primary elections in some other cities that have partisan elections
for membership on the city council. Jefferson City is an example.
April
the
“municipal election day” and the general date for all fire district
candidate elections. This date is usually the cheapest one for an
election.
June
for “special elections”
August
in
even numbered years, for the Primary Election for state candidates and
for special elections on other subjects. In odd numbered years this
date is available for special elections.
October
for
school districts only. Designed in case the voters have turned down a
tax levy in August, so the school district can try again before the tax
bills get sent out.
November
in
even numbered years, the General Election for state candidates and
special elections on other subjects. In odd numbered years this date is
available for special elections.
Decisions by Majority Vote
Election decisions are generally made by “majority vote.” This means
a majority of those who choose to go vote. A tie vote means the measure
lost, or that no candidate was elected.
In elections where the vote differs by less than 1% there is an automatic recount.
In other elections, the election is final once the results are
officially certified by the county clerk or the county election board.
Generally this certificate happens several weeks after the election
day, and is usually a formality because the unofficial election results
are clear.
After an election there is a 30 day period when someone who is
unhappy with the election can “contest” the results by filing a
lawsuit. Not everyone who is unhappy, however, has standing to maintain
a lawsuit. Generally the lawsuit must come from an opposing candidate
(in the case of a candidate election) or a taxpayer (in the case of
some other issue). After the 30 day period has expired no one can
contest the results.
In bond elections a higher majority for approval is required,
because of Article VII, Section 26(d) of the Constitution. Bond issues
require a 4/7 majority (which is actually 4/7 plus 1 additional yes
vote) approval if the election is held in April, or in August in
even-numbered years, or in November in even-numbered years. Otherwise a
2/3 majority (actually 2/3 plus 1 additional yes vote) is required.
In many fire districts the new board members are sworn into office
at the April meeting of the fire district board. Technically speaking,
the election results are still unofficial. A purist might insist that
the fire district board should wait until May when the official results
are in. Almost always the official results will agree with the
unofficial one, so almost always it doesn’t matter which procedure is
followed. The April date has the virtue of allowing the departing board
member to stop coming to meetings earlier, and allow the victorious
candidate to get immediately to work. The May date just may be a little
safer to follow. However, the tradition that has been followed in your
district ought not to be changed simply because of these relatively
unimportant considerations.
Who Gets to Decide Which Date to Use?
For candidate elections the General Assembly has decided that the
April election date will be used. For tax issues, bond proposals,
consolidation or annexation proposals, and for similar questions the
Fire District Board of Directors gets to decide which date to use.
Who Gets to Vote?
Residents, who are registered to vote. As a general rule a person is
a resident if (1) he says he is and (2) he sleeps there. Persons who
own property within the fire district but who live elsewhere (i.e.,
“non-resident taxpayers”) do not get to vote in fire district
elections.
Where to Go For More Information
The county election authority can answer almost every question. You
should consult with that your county clerk or election board if you
require additional information. Also, the Missouri Secretary of State
has general supervisory control over the conduct of elections and the
“Director of Elections” in that office can also provide assistance.
Much election information is found on the web site for the Secretary of
State.
The judge’s decision to incorporate a fire protection district is
not final and conclusive. It must be approved by the voters who reside
within the boundaries of the proposed district. Therefore the judge
must order an election.
Under Missouri law there are only a few days available for an
election. Elections cost money, and you may be required to pay the cost
of holding the election. The date for the election is within the
authority of the circuit judge to set; the conduct of the election will
be by the county clerk (or in certain urban counties by the county
election board).
The usual dates for holding an election in Missouri are: (1) the
first Tuesday after the first Monday in February (used only in certain
municipal primary elections), (2) the fire Tuesday after the first
Monday in March (used for certain other municipal primary elections),
(3) the first Tuesday after the first Monday in April (municipal
election day, generally the cheapest election date in terms of cost),
(4) the first Tuesday after the first Monday in June (generally used
for special elections), (5) the first Tuesday after the first Monday in
August (the general primary election usually held in even numbered
years), (6) the first Tuesday after the first Monday in November (a
general election, generally only held in even numbered years), (7) the
first Tuesday after the first Monday in October (generally available
only to school districts for bond issues).
Most likely the circuit judge will order an election of the date you
or your attorney suggests. It would be my recommendation that you
choose the June election.
Certain factors need to be kept in mind in making your choice: First
of all, the elections in April, August, and November generally have the
highest turnout. Elections in February, March, June, and October
generally have a very low turnout. Because your voters who are likely
to vote “yes” will be motivated and you can get them to turn out it
might be advantageous to have your election on a low turnout date. “No”
voters might not have any other excuse to go to the polls on a special
election date where nothing else is being voted, and might stay home.
A second factor to remember is that municipal tax levies including
the tax levy of a fire district is supposed to be set by September
20th. The tax bills are then prepared and mailed out and most tax
payers pay their taxes on or before December 31st of each year.
“Turnover” of money from the county collectors usually is in January. A
fire protection district which is organized in the November or October
election will generally not get any tax revenues at the end of the
current calendar year, but will have to wait until the following year
for income. For that reason I would avoid having your election in
November or October unless it s absolutely necessary.
(The circuit judge may have the authority to order your tax bills
sent out even thought the district is not organized until after
September 20th. If you are forced to use the October or November
election dates you might want to ask the circuit judge to modify his
decree of incorporation from the sample that is proposed in Appendix 2
to provide that upon voter approval of the district and approval of the
tax rate [see below] that the county clerk is ordered to accept late
decision on taxes and to include the fire district taxes within the tax
bill that is mailed out. The county clerk generally will not like such
a judge doing that because it requires waiting to mail out the tax
bills until after the election has been held. Before asking the circuit
judge to do this you should see how much opposition the county clerk
will have to any such proposal.
A final consideration on the election date is the cost. Election
cost money, and each political subdivision is expected to pay the cost
for its election. The cheapest time to hold an election is in April,
because the cost of the election is spread out over a larger number of
political subdivisions. The county clerk could give you an estimate of
what an April election would cost your proposed fire protection
district. The June election date or any other special election is going
to be more costly, particularly if the county clerk chooses to have
multiple polling places.
In some counties the fire protection district has talked the county
commission into the idea that the county commission should pay the cost
of the fire district election for the first time, because it will be
several months before the fire district has any money. However, the
usual practice in most counties is to require advance payments by
political subdivision before the election is held. You should talk to
the county commission and/or the county clerk about the possibility of
the county absorbing the cost of the first election. If the county will
not do so, you should be prepared to pay that cost.
As mentioned above I recommend that you hold your election in June.
That date will be more expensive than an April election, but the turn
out will be much less. You can anticipate that maybe only 10% of the
registered voters will show up at the June election. You are going to
have to campaign actively for “yes” votes and get your voters to the
polls. It is easier to get a majority where only 10 % show up at the
polling place than it is if you get 30 % or 50% showing up.
