Opinion letter to the Honorable Ronald M. Belt

Opinion ~1swered by Letter (Siddens) OPnliON NO. 32 (1964) OPINION NO. 466 (1963) February 19, 1964 Honorable Ronald M. Belt State Representative Macon County 115-1/2 Vine Street Macon~ Missouri Dear Mr. Beltt F I L ~ n 3J_f Your letter to us dated November 27, 1963, in easenoe~ raises two questions. As to the f1rat qlleation, under the ~rovis1ons ot Section 77 .o4o~ RSMo 1959~ aa amended 1963 (H. B. 250, 72nd General Assembly), can Macon., a third class city organised under Chapter 77, B8Mo, by ord1nance provide for a city primary election tor all elective offices? Our opinion is that it can. Section 77 .o4o, proVides tor elections 1n third class cities under Chapter 77, RSMo 1959. The amendment to Section 77 .o~ by the 1963 Legislature inserted only the following clausea "• * • except that the o1ty council may by ordinance provide tor the nomination ot officers by primary election under the provisions of sections 78.470 to 78.510, RSMos • • • " It is clear t~ this language that the Legislature intended to authorize third class cities under Chapter 77, RSMo, to provide tor nomination ot o1tT otfioers by a primary election. The more obscure problem relates to the reference to Sectiona 78.470 to 78.510. Thia is so because those sections relate to third class cities with city manager form ot government (Seotiona 78.430 to 78.640). Under city manager form tor third claaa oitiea, the otfioers to be nominated and elected are considerably different than the officers to be elected unde~ Chapter 77. Honorable Ronald M. Belt The rule is that statutes must be harmonized, if at all possible, to effectuate a valid and operative statute. I believe that the legislative intent was to use Sections 78.470 to 78.510 as to mode, methods, manner, form and time of such primary elections insofar as they can be applied to the nomination ot officers to be elected in cities under Chapter 77. As to your second question, that is, can a c1ty of the third class conduct partisan political primaries and elections tor the aelection or city officers, please be advised as follows. A read1ng of Mlssouri's statutes indicates the absence or any legislative authorization for such partisan primaries and elections. However, we take notice of the tact that for many, many years various cities throughout the State of Missouri have conducted partisan primaries and elections pursuant to ordinances enacted in said o1t1es and sometimes pursuant to custom. In light of this long standing state or attairs, we are loathe to read into H. B. 250 a legislative intent to abolish these elective procedures long used 1n the aforesaid various municipalities. JGS:lo Yours very truly, J • Gordon Siddens Assistant Attorney General