The St. Louis Board of Aldermen says a special election to fill the vacant sheriff's office will be held March 3.
Board President Megan Green announced Tuesday that she is calling a special meeting of the board on Dec. 29 to pass a resolution setting the date for the contest to replace Alfred Montgomery. The sheriff was ousted Monday after Judge Steven Ohmer found he had "willfully neglected his official duties."
"The Board of Aldermen, in consultation with the Board of Election Commissioners, is acting on one of its fundamental duties by calling for a special election," Green said in a statement. "The Board is working swiftly and collectively to comply with state law on this matter and to ensure the public is centered in naming our next sheriff."
State law is clear that if a vacancy in the office of sheriff happens more than nine months before a scheduled general election, the county commission – in this case, the Board of Aldermen – "shall immediately order a special election to fill the same." What is not clear is who has the power to fill the seat before that election.
Both Mayor Cara Spencer and Missouri Gov. Mike Kehoe have asserted they have the power to fill that vacancy through appointment. Spencer filed a lawsuit earlier this month, after Montgomery was jailed in a federal criminal case but before he was removed from office, asking a judge to rule in her favor and give her the sole authority to make the appointment.
The board is asking for permission to join the case and argue that it also has a say in that appointment.
A spokesman for Spencer said in a statement that it had worked with the board and city elections officials to identify the next steps under state law and the timeline for the election.
"We continue to review whether certain additional steps are needed for this process to be run completely in accordance with the law, and we look forward to restoring trust to the Sheriff's Office and focusing on matters more important to the city and St. Louisans," said the spokesman, Rasmus Jorgensen.
Kehoe and Attorney General Catherine Hanaway did not immediately respond to requests for comment. Hanaway has also expressed a belief that Kehoe would fill the vacancy.
This story has been updated with comments from Mayor Cara Spencer.
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