EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1878
101ST GENERAL ASSEMBLY
4557S.02C ADRIANE D. CROUSE, Secretary
AN ACT
To repeal sections 115.013, 115.031, 115.045, 115.051, 115.081, 115.085, 115.105, 115.123,
115.135, 115.151, 115.157, 115.160, 115.165, 115.205, 115.225, 115.237, 115.257,
115.275, 115.277, 115.279, 115.283, 115.285, 115.287, 115.291, 115.302, 115.349,
115.351, 115.417, 115.427, 115.435, 115.447, 115.652, 115.755, 115.758, 115.761,
115.765, 115.767, 115.770, 115.773, 115.776, 115.785, 115.902, 115.904, and
115.960, RSMo, and to enact in lieu thereof thirty-nine new sections relating to
elections, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.013, 115.031, 115.045, 115.051, 1
115.081, 115.085, 115.105, 115.123, 115.135, 115.151, 115.157, 2
115.160, 115.165, 115.205, 115.225, 115.237, 115.257, 115.275, 3
115.277, 115.279, 115.283, 115.285, 115.287, 115.291, 115.302, 4
115.349, 115.351, 115.417, 115.427, 115.435, 115.447, 115.652, 5
115.755, 115.758, 115.761, 115.765, 115.767, 115.770, 115.773, 6
115.776, 115.785, 115.902, 115.904, and 115.960, RSMo, are 7
repealed and thirty-nine new sections enacted in lieu thereof, 8
to be known as sections 28.960, 115.004, 115.013, 115.022, 9
115.031, 115.045, 115.051, 115.081, 115.085, 115.105, 115.123, 10
115.135, 115.151, 115.157, 115.160, 115.165, 115.205, 115.225, 11
115.237, 115.257, 115.275, 115.277, 115.279, 115.283, 115.285, 12
115.286, 115.287, 115.291, 115. 302, 115.349, 115.351, 115.417, 13
115.427, 115.435, 115.447, 115.652, 115.902, 115.904, and 14
115.960, to read as follows:15
28.960. 1. The secretary of state shall have the 1
authority to, at his or her discretion, audit the list of 2 SCS HB 1878 2
registered voters fo r any local election authority to ensure 3
accuracy. 4
2. Any audit conducted by the secretary of state 5
shall, at least quarterly, determine whether the local 6
election authority has performed the following voter 7
registration list maintenance activiti es, as required by law: 8
(1) Sending verification notices in accordance with 9
section 115.155; and 10
(2) Registering voters and removing names from the 11
voter registration system in accordance with section 12
115.158. 13
3. After completing the audit, the secretary of state 14
shall notify the local election authority in writing of any 15
maintenance updates that are required and shall advise the 16
local election authority they have ninety days to make 17
required updates. If, after ninety days, the se cretary of 18
state determines that the local election authority has not 19
performed the required maintenance of voter registration 20
lists as required by law, the secretary of state's office 21
may withhold funds from the local election authority. 22
115.004. The sections of this chapter and all related 1
rules and regulations shall not be amended or modified in 2
any manner in the twenty -six weeks preceding any 3
presidential election. 4
115.013. As used in this chapter, unless t he context 1
clearly implies otherwise, the following terms mean: 2
(1) "Air-gap" or "air-gapped", a security measure in 3
which equipment is physically and technically isolated from 4
any network and is not directly connected to the internet 5
nor is it connected to any other system that is connected to 6
the internet. Data can only be passed to an air -gapped 7
device physically via a USB or other removable media; 8 SCS HB 1878 3
(2) "Automatic tabulating equipment", the apparatus 9
necessary to examine and automatica lly count votes, and the 10
data processing machines which are used for counting votes 11
and tabulating results and which are air-gapped and not 12
physically able to be connected to a network ; 13
[(2)] (3) "Ballot", the [ballot card,] paper ballot, 14
or ballot designed for use with an electronic voting system 15
on which each voter may cast all votes to which he or she is 16
entitled at an election; 17
[(3)"Ballot card", a ballot which is voted by making a 18
mark which can be tabulated by automatic tabulating 19
equipment; ] 20
(4) "Ballot label", the card, paper, booklet, page, or 21
other material containing the names of all offices and 22
candidates and statements of all questions to be voted on; 23
(5) "Counting location", a location selected by the 24
election authority for the automatic processing or counting, 25
or both, of ballots; 26
(6) "County", any county in this state or any city not 27
within a county; 28
(7) "Disqualified", a determination made by a court of 29
competent jurisdiction, the Missouri et hics commission, an 30
election authority or any other body authorized by law to 31
make such a determination that a candidate is ineligible to 32
hold office or not entitled to be voted on for office; 33
(8) "District", an area within the state or within a 34
political subdivision of the state from which a person is 35
elected to represent the area on a policy -making body with 36
representatives of other areas in the state or political 37
subdivision; 38 SCS HB 1878 4
(9) "Electronic voting machine", any part of an air- 39
gapped electronic voting system on which a voter is able to 40
cast a ballot under this chapter; 41
(10) "Electronic voting system", a system of casting 42
votes by use of marking devices, and counting votes by use 43
of automatic air-gapped tabulating or air-gapped data 44
processing equipment, including computerized voting systems 45
that mark or tabulate ballots ; 46
(11) "Established political party" for the state, a 47
political party which, at either of the last two general 48
elections, polled for its candidate for any statewide office 49
more than two percent of the entire vote cast for the 50
office. "Established political party" for any district or 51
political subdivision shall mean a political party which 52
polled more than two percent of the entire vote cast at 53
either of the last two elections in which the district or 54
political subdivision voted as a unit for the election of 55
officers or representatives to serve its area; 56
(12) "Federal office", the office of presidential 57
elector, United States senator, or rep resentative in 58
Congress; 59
(13) "Independent", a candidate who is not a candidate 60
of any political party and who is running for an office for 61
which political party candidates may run; 62
(14) "Major political party", the political party 63
whose candidates received the highest or second highest 64
number of votes at the last general election; 65
(15) "Marking device", any [approved] device approved 66
by the secretary of state under section 115.225 which will 67
enable the votes to be counted by automa tic tabulating 68
equipment; 69 SCS HB 1878 5
(16) "Municipal" or "municipality", a city, village, 70
or incorporated town of this state; 71
(17) "New party", any political group which has filed 72
a valid petition and is entitled to place its list of 73
candidates on the ballot at the next general or special 74
election; 75
(18) "Nonpartisan", a candidate who is not a candidate 76
of any political party and who is running for an office for 77
which party candidates may not run; 78
(19) "Political party", any established p olitical 79
party and any new party; 80
(20) "Political subdivision", a county, city, town, 81
village, or township of a township organization county; 82
(21) "Polling place", the voting place designated for 83
all voters residing in one or more precincts for any 84
election; 85
(22) "Precincts", the geographical areas into which 86
the election authority divides its jurisdiction for the 87
purpose of conducting elections; 88
(23) "Public office", any office established by 89
constitution, statute or charter and any employment under 90
the United States, the state of Missouri, or any political 91
subdivision or special district thereof, but does not 92
include any office in the Missouri state defense force or 93
the National Guard or the office of notary public or cit y 94
attorney in cities of the third classification or cities of 95
the fourth classification; 96
(24) "Question", any measure on the ballot which can 97
be voted "YES" or "NO"; 98
(25) "Relative within the second degree by 99
consanguinity or affinity", a s pouse, parent, child, 100 SCS HB 1878 6
grandparent, brother, sister, grandchild, mother -in-law, 101
father-in-law, daughter-in-law, or son-in-law; 102
(26) "Special district", any school district, water 103
district, fire protection district, hospital district, 104
health center, nursing district, or other districts with 105
taxing authority, or other district formed pursuant to the 106
laws of Missouri to provide limited, specific services; 107
(27) "Special election", elections called by any 108
school district, water district, fire p rotection district, 109
or other district formed pursuant to the laws of Missouri to 110
provide limited, specific services; and 111
(28) "Voting district", the one or more precincts 112
within which all voters vote at a single polling place for 113
any election. 114
115.022. 1. Notwithstanding any other law to the 1
contrary, neither the state of Missouri nor any political 2
subdivision thereof that conducts elections shall receive or 3
expend private moneys, excluding in -kind donations, for 4
preparing, administering, or conducting an election, 5
including registering voters. If there is not sufficient 6
appropriation of state funds to proportionally compensate 7
counties pursuant to section 115.063 and 115.065, this 8
section shall not be enforced. 9
2. Notwithstanding subsection 1 of this section to the 10
contrary, in-kind donations shall not be received from any 11
candidate, candidate committee, campaign committee, or 12
continuing committee, as such terms are defined in chapter 13
130. 14
115.031. Each election commissioner shall be a 1
registered voter and a resident of the jurisdiction for 2
which he or she is appointed [for at least one year 3
preceding his appointment ]. During his term of office, no 4 SCS HB 1878 7
commissioner shall hold any statut ory position within a 5
political party or on a political committee, be a candidate 6
for political office or hold any other public office. 7
115.045. Each election authority shall have the 1
authority to employ such attorneys and other empl oyees as 2
may be necessary to promptly and correctly perform the 3
duties of the election authority. Where an electronic 4
voting system or voting machines are used, the election 5
authority shall designate competent employees to have 6
custody of and supervi se maintenance of the voting 7
equipment. Board of election commissioners' employees shall 8
be subject to the same restrictions and subscribe the same 9
oath as members of the board of election commissioners, 10
except that no employee of a board of election commissioners 11
shall be required to post bond or reside and be a registered 12
voter within the jurisdiction of the election authority 13
unless directed to do so by the board. Employee oaths and 14
any bonds shall be filed and preserved in the office of the 15
board. 16
115.051. 1. In each county which does not have a 1
board of election commissioners, the county clerk shall have 2
the right to employ such deputies and assistants as are 3
necessary to promptly and correctly register voters and 4
conduct elections. Where an electronic voting system or 5
voting machines are used, the county clerk shall designate 6
competent employees to have custody of and supervise 7
maintenance of the voting equipment. Each deputy shall be 8
subject to the same restric tions and subscribe the same oath 9
as the county clerk, except that no employee shall be 10
required to post bond or reside and be a registered voter 11
within the jurisdiction of the election authority unless 12
directed to do so by the clerk. Employee oaths and any 13 SCS HB 1878 8
bonds shall be filed and preserved in the office of the 14
county clerk. 15
2. Within the total amount for deputies and assistants 16
approved by the county commission, the salary of each deputy 17
and assistant shall be set by the county clerk. 18
115.081. 1. Each election authority shall appoint 1
election judges for each polling place within its 2
jurisdiction in accordance with the provisions of this 3
section. 4
2. In all primary and general elections, the election 5
authority shall appoint at least two judges from each major 6
political party to serve at each polling place. The 7
committee of each major political party within the 8
jurisdiction of an election authority is authorized to 9
provide the election authority with a l ist of election judge 10
candidates who meet the requirements under section 115.085. 11
The candidates shall not be required to reside within the 12
jurisdiction of the election authority, as authorized under 13
section 115.085. If a committee of a major politic al party 14
within the jurisdiction of an election authority fails to 15
provide the prescribed number of qualified names to fill all 16
election judge positions before the date established by the 17
election authority, the election authority may select judges 18
to fill the positions as provided by law. If the election 19
authority determines that a name submitted by a committee of 20
a major political party is not qualified to serve as an 21
election judge, the election authority shall allow the party 22
to submit another name before filling the position as 23
provided by law. No major political party shall have a 24
majority of the judges at any polling place. No established 25
party shall have a greater number of judges at any polling 26
place than any major political party. 27 SCS HB 1878 9
3. In any election that is not a primary or general 28
election, the election authority shall appoint at least one 29
judge from each major political party to serve at each 30
polling place. No major political party shall have a 31
majority of the judges at any polling place. No established 32
party shall have a greater number of judges at any polling 33
place than any major political party. 34
4. The election authority shall designate two of the 35
judges appointed for each polling place, one from each major 36
political party, as supervisory judges. Supervisory judges 37
shall be responsible for the return of election supplies 38
from the polling place to the election authority and shall 39
have any additional duties prescribed by the election 40
authority. 41
5. Election judges may be employed to serve for the 42
first half or last half of any election day. Such judges 43
shall be paid one-half the regular rate of pay. If part- 44
time judges are employed, the election authority shall 45
employ such judges and shall see th at a sufficient number 46
for each period are present at all times so as to have the 47
proper total number of judges present at each polling place 48
throughout each election day. The election authority shall 49
require that at each polling place at least one el ection 50
judge from each political party serve a full day and that at 51
all times during the day there be an equal number of 52
election judges from each political party. 53
6. An election authority may appoint additional 54
election judges representing other established political 55
parties and additional election judges who do not claim a 56
political affiliation. Any question which requires a 57
decision by the majority of judges shall only be made by the 58
judges from the major political parties. 59 SCS HB 1878 10
115.085. No person shall be appointed to serve as an 1
election judge who is not a registered voter in this state [; 2
provided that, before any election authority may appoint 3
judges who are registered voters of another election 4
authority's jurisdictio n, the election authority shall 5
obtain the written consent of the election authority for the 6
jurisdiction where the prospective judges are registered to 7
vote]. Each election judge shall be a person of good repute 8
and character who can speak, read, and write the English 9
language. No person shall serve as an election judge at any 10
polling place in which his or her name or the name of a 11
relative within the second degree, by consanguinity or 12
affinity, appears on the ballot. However, no relative of 13
any unopposed candidate shall be disqualified from serving 14
as an election judge in any election jurisdiction of the 15
state. No election judge shall, during his or her term of 16
office, hold any other elective public office, other than as 17
a member of a political party committee or township office, 18
except any person who is elected to a board or commission of 19
a political subdivision or special district may serve as an 20
election judge except at a polling place where such 21
political subdivision or special dist rict has an issue or 22
candidate on the ballot. In any county having a population 23
of less than two hundred fifty thousand inhabitants, any 24
candidate for the county committee of a political party who 25
is not a candidate for any other office and who is uno pposed 26
for election as a member of the committee shall not be 27
disqualified from serving as an election judge. 28
115.105. 1. The chair of the county committee of each 1
political party named on the ballot shall have the right to 2
designate a challenger for each polling place, who may be 3
present until all ballots are cast on the day of election, 4 SCS HB 1878 11
and a challenger for each location at which absentee ballots 5
are counted, who may be present while the ballots are being 6
prepared for counting and counted. No later than four 7
business days before the election, the chair of each county 8
committee of each political party named on the ballot shall 9
provide signed official designation forms with the names of 10
the designated challengers and substit utes to the local 11
election authority for confirmation of eligibility to serve 12
as a challenger. The local election authority, after 13
verifying the eligibility of each designated and substitute 14
challenger, shall sign off on the official designation 15
forms, unless the challenger is found not to have the 16
qualifications established by subsection 5 of this section. 17
If the election authority determines that a challenger does 18
not meet the qualifications of subsection 5 of this section, 19
the designating part y chair may designate a replacement 20
challenger and provide the local election authority with the 21
name of the replacement challenger before 5:00 p.m. of the 22
Monday preceding the election. The designating chair may 23
substitute challengers at his or her d iscretion during such 24
hours. 25
2. Challenges may only be made when the challenger 26
believes the election laws of this state have been or will 27
be violated, and each challenger shall report any such 28
belief to the election judges, or to the election au thority 29
if not satisfied with the decision of the election judges. 30
3. Prior to the close of the polls, challengers may 31
list and give out the names of those who have voted. The 32
listing and giving out of names of those who have voted by a 33
challenger shall not be considered giving information 34
tending to show the state of the count. 35 SCS HB 1878 12
4. [In a presidential primary election, challengers 36
may collect information about the party ballot selected by 37
the voter and may disclose party affiliation infor mation 38
after the polls close. 39
5.] All persons selected as challengers shall have the 40
same qualifications required by section 115.085 for election 41
judges, except that such challenger shall be a registered 42
voter in the jurisdiction of the election authority for 43
which the challenger is designated as a challenger. 44
[6.] 5. Any challenge by a challenger to a voter's 45
identification for validity shall be made only to the 46
election judges or other election authority. If the poll 47
challenger is not satisfied with the decision of the 48
election judges, then he or she may report his or her belief 49
that the election laws of this state have been or will be 50
violated to the election authority as allowed under this 51
section. 52
115.123. 1. All public elections shall be held on 1
Tuesday. Except as provided in subsections 2 and 3 of this 2
section, and section 247.180, all public elections shall be 3
held on the general election day, the primary election day, 4
the general municipal election d ay, the first Tuesday after 5
the first Monday in November, or on another day expressly 6
provided by city or county charter, and in nonprimary years 7
on the first Tuesday after the first Monday in August. Bond 8
elections may be held on the first Tuesday af ter the first 9
Monday in February but no other issue shall be included on 10
the ballot for such election. 11
2. [Notwithstanding the provisions of subsection 1 of 12
this section, an election for a presidential primary held 13
pursuant to sections 115.755 to 115.785 shall be held on the 14 SCS HB 1878 13
second Tuesday after the first Monday in March of each 15
presidential election year. 16
3.] The following elections shall be exempt from the 17
provisions of subsection 1 of this section: 18
(1) Bond elections necessitated by fire, vandalism or 19
natural disaster; 20
(2) Elections for which ownership of real property is 21
required by law for voting; 22
(3) Special elections to fill vacancies and to decide 23
tie votes or election contests; and 24
(4) Tax elections necessitated by a financial hardship 25
due to a five percent or greater decline in per -pupil state 26
revenue to a school district from the previous year. 27
[4.] 3. Nothing in this section prohibits a charter 28
city or county from having its primary election i n March if 29
the charter provided for a March primary before August 28, 30
1999. 31
[5.] 4. Nothing in this section shall prohibit 32
elections held pursuant to section 65.600, but no other 33
issues shall be on the March ballot except pursuant to this 34
chapter. 35
115.135. 1. Any person who is qualified to vote, or 1
who shall become qualified to vote on or before the day of 2
election, shall be entitled to register in the jurisdiction 3
within which he or she resides. In order to vote in any 4
election for which registration is required, a person must 5
be registered to vote in the [jurisdiction of his or her 6
residence] state of Missouri no later than 5:00 p.m., or the 7
normal closing time of any public building where the 8
registration is being held if such time is later than 5:00 9
p.m., on the fourth Wednesday prior to the election, unless 10
the voter is an interstate former resident, [an intrastate 11 SCS HB 1878 14
new resident,] a new resident, or a covered voter, as 12
defined in section 115.275. [Except as provided in 13
subsection 4 of this section, in no case shall registration 14
for an election extend beyond 10:00 p.m. on the fourth 15
Wednesday prior to the election. ] Any person registering 16
after such date shall be eligible to vote in subsequent 17
elections. 18
2. A person applying to register with an election 19
authority or a deputy registration official shall identify 20
himself or herself by presenting a copy of a birth 21
certificate, a Native American tribal document, other proof 22
of United States citizenshi p, a valid Missouri drivers 23
license or other form of personal identification at the time 24
of registration. 25
3. Except as provided in federal law or federal 26
elections and in section 115.277, no person shall be 27
entitled to vote if the person has not registered to vote in 28
the jurisdiction of his or her residence [prior to the 29
deadline to register to vote ]. 30
4. A covered voter as defined in section 115.275 who 31
has been discharged from military service, has returned from 32
a military deployment or activation, or has separated from 33
employment outside the territorial limits of the United 34
States after the deadline to register to vote, and who is 35
otherwise qualified to register to vote, may register to 36
vote in an election in person before the elect ion authority 37
until 5:00 p.m. on the Friday before such election. Such 38
persons shall produce sufficient documentation showing 39
evidence of qualifying for late registration pursuant to 40
this section. 41
115.151. 1. Each qualified applic ant who appears 1
before the election authority shall be deemed registered as 2 SCS HB 1878 15
of the time the applicant's completed, signed and sworn 3
registration application is witnessed by the election 4
authority or deputy registration official. 5
2. Each applicant who registers by mail shall be 6
deemed to be registered as of the date the application is 7
postmarked, if such application is accepted and not rejected 8
by the election authority and the verification notice 9
required pursuant to section 115.155 is not ret urned as 10
undeliverable by the postal service. 11
3. Each applicant who registers at a voter 12
registration agency or the division of motor vehicle and 13
drivers licensing of the department of revenue shall be 14
deemed to be registered as of the date the a pplication is 15
signed by the applicant, if such application is accepted and 16
not rejected by the election authority and the verification 17
notice required pursuant to section 115.155 is not returned 18
as undeliverable by the postal service. Voter registration 19
agencies [and the division of motor vehicle and drivers 20
licensing of the department of revenue ] shall transmit voter 21
registration application forms to the appropriate election 22
authority not later than five business days after the form 23
is completed by the applicant. 24
115.157. 1. The election authority may place all 1
information on any registration cards in computerized form 2
in accordance with section 115.158. No election authority 3
or secretary of state shall furnish to any memb er of the 4
public electronic media or printout showing any registration 5
information, except as provided in this section. Except as 6
provided in subsection 2 of this section, the election 7
authority or secretary of state shall make available 8
electronic media or printouts showing only unique voter 9
identification numbers, voters' names, [dates] year of 10 SCS HB 1878 16
birth, addresses, townships or wards, and precincts. 11
Electronic data shall be maintained in at least the 12
following separate fields: 13
(1) Voter identification number; 14
(2) First name; 15
(3) Middle initial; 16
(4) Last name; 17
(5) Suffix; 18
(6) Street number; 19
(7) Street direction; 20
(8) Street name; 21
(9) Street suffix; 22
(10) Apartment number; 23
(11) City; 24
(12) State; 25
(13) Zip code; 26
(14) Township; 27
(15) Ward; 28
(16) Precinct; 29
(17) Senatorial district; 30
(18) Representative district; 31
(19) Congressional district. 32
2. All election authorities shall enter voter histor y 33
in their computerized registration systems and shall, not 34
more than [six] three months after the election, forward 35
such data to the Missouri voter registration system 36
established in section 115.158. In addition, election 37
authorities shall forward r egistration and other data in a 38
manner prescribed by the secretary of state to comply with 39
the Help America Vote Act of 2002. 40
3. Except as provided in subsection 6 of this section, 41
the election authority shall furnish, for a fee, electronic 42 SCS HB 1878 17
media or a printout showing only the names, [dates] year of 43
birth and addresses of voters, or any part thereof, within 44
the jurisdiction of the election authority who voted in any 45
specific election, including primary elections, by township, 46
ward or precinct, provided that nothing in this chapter 47
shall require such voter information to be released to the 48
public over the internet and shall not be used for 49
commercial purposes. 50
4. [Except as provided in subsection 6 of this 51
section, upon a request by a candidate, a duly authorized 52
representative of a campaign committee, or a political party 53
committee, the secretary of state shall furnish, for a fee 54
determined by the secretary of state and in compliance with 55
section 610.026, media in an electronic for mat or, if so 56
requested, in a printed format, showing the names, 57
addresses, and voter identification numbers of voters within 58
the jurisdiction of a specific election authority who 59
applied for an absentee ballot under section 115.279 for any 60
specific election involving a ballot measure or an office 61
for which the declaration of candidacy is required to be 62
filed with the secretary of state pursuant to section 63
115.353, including primary elections, by township, ward, or 64
precinct. Nothing in this sectio n shall require such voter 65
information to be released to the public over the internet. 66
For purposes of this section, the terms "candidate", 67
"campaign committee", and "political party committee" shall 68
have the same meaning given to such terms in sectio n 130.011. 69
5.] The amount of fees charged for information 70
provided in this section shall be established pursuant to 71
chapter 610. All revenues collected by the secretary of 72
state pursuant to this section shall be deposited in the 73
state treasury and credited to the secretary of state's 74 SCS HB 1878 18
technology trust fund account established pursuant to 75
section 28.160. [In even-numbered years, each election 76
authority shall, upon request, supply the voter registration 77
list for its jurisdiction to all candidat es and party 78
committees for a charge established pursuant to chapter 79
610. Except as provided in subsection 6 of this section, 80
all election authorities shall make the information 81
described in this section available pursuant to chapter 82
610. Any election authority who fails to comply with the 83
requirements of this section shall be subject to the 84
provisions of chapter 610. 85
6.] 5. Any person working as an undercover officer of 86
a local, state or federal law enforcement agency, persons in 87
witness protection programs, and victims of domestic 88
violence and abuse who have received orders of protection 89
pursuant to chapter 455 shall be entitled to apply to the 90
circuit court having jurisdiction in his or her county of 91
residence to have the residential address on his or her 92
voter registration records closed to the public if the 93
release of such information could endanger the safety of the 94
person. Any person working as an undercover agent or in a 95
witness protection program shall also submit a statemen t 96
from the chief executive officer of the agency under whose 97
direction he or she is serving. The petition to close the 98
residential address shall be incorporated into any petition 99
for protective order provided by circuit clerks pursuant to 100
chapter 455. If satisfied that the person filing the 101
petition meets the qualifications of this subsection, the 102
circuit court shall issue an order to the election authority 103
to keep the residential address of the voter a closed record 104
and the address may be used o nly for the purposes of 105
administering elections pursuant to this chapter. The 106 SCS HB 1878 19
election authority may require the voter who has a closed 107
residential address record to verify that his or her 108
residential address has not changed or to file a change of 109
address and to affirm that the reasons contained in the 110
original petition are still accurate prior to receiving a 111
ballot. A change of address within an election authority's 112
jurisdiction shall not require that the voter file a new 113
petition. Any voter who no longer qualifies pursuant to 114
this subsection to have his or her residential address as a 115
closed record shall notify the circuit court. Upon such 116
notification, the circuit court shall void the order closing 117
the residential address and so notify th e election authority. 118
115.160. 1. All Missouri driver's license applicants 1
shall receive a voter registration application form as a 2
simultaneous part of the application for a driver's license, 3
renewal of driver's license, change of address, duplicate 4
request and a nondriver's license. 5
2. If a single application form is used, the voter 6
registration application portion of any application 7
described in subsection 1 of this section may not require 8
any information that duplicates information required in the 9
driver's license portion of the form, except a second 10
signature or other information required by law. 11
3. After conferring with the secretary of state as the 12
chief state election official responsible for overseeing of 13
the voter registration process, the director of revenue 14
shall adopt rules and regulations pertaining to the format 15
of the voter registration application used by the 16
department. The director of revenue shall utilize 17
electronic voter registration applic ation forms and provide 18
for secure electronic transfer of voter registration 19
information to election authorities. The secretary of state 20 SCS HB 1878 20
and the director of revenue shall ensure the confidentiality 21
and integrity of the voter registration data collecte d, 22
maintained, received, or transmitted under this section. 23
4. No information relating to the failure of an 24
applicant for a driver's license or nondriver's license to 25
sign a voter registration application may be used for any 26
purpose other than vo ter registration. 27
5. Any voter registration application received 28
pursuant to the provisions of this section shall be 29
forwarded, in a secure and electronic manner, to the 30
election authority located within that county or any city 31
not within a county, or if there is more than one election 32
authority within the county, then to the election authority 33
located nearest to the location where the driver's license 34
application was received. Voter registration information, 35
including an electronic image of the signature of the 36
applicant, shall be transmitted in a format compatible with 37
the Missouri voter registration system established in 38
section 115.158 that allows for review by the election 39
authority and does not require the election authority to 40
manually reenter the information, provided that the election 41
authority shall print out a paper copy of the information 42
and retain such information in the manner required by 43
section 115.145. The election authority receiving the 44
application forms shall revi ew the applications and forward , 45
in a secure and electronic manner, any applications 46
pertaining to a different election authority to that 47
election authority. 48
6. A completed voter registration application accepted 49
in the driver's licensing process shall be transmitted to 50
the election authority described in subsection 5 of this 51 SCS HB 1878 21
section not later than [five] three business days after the 52
form is completed by the applicant. 53
7. Any person registering to vote when applying for or 54
renewing a Missouri driver's license shall submit with the 55
application form a copy of a birth certificate, a Native 56
American tribal document, or other proof of United States 57
citizenship, a valid Missouri driver's license, or other 58
form of personal identification. Any person who, at the 59
time of a transaction with the division of motor vehicle and 60
driver licensing of the department of revenue, provides a 61
document that establishes noncitizenship shall not be 62
offered the opportunity to register to vote as part of t he 63
transaction. 64
115.165. 1. If the voter files a change of address 1
application in person at the office of the election 2
authority, at the polling place, or pursuant to section 3
115.159, 115.160, 115.162 or 115.193, or otherwise provi des 4
signed written notice of the move, including notice by 5
facsimile, electronic, or online transmission, an election 6
authority may change the address on a voter registration 7
record for a voter who moves within the election authority's 8
jurisdiction after comparing and verifying the signature. 9
Before changing the address on a voter record, the election 10
authority shall be satisfied that the record is that of the 11
person providing the change of address information. 12
2. A registered voter who has c hanged his or her 13
residence within an election authority's jurisdiction and 14
has not been removed from the list of registered voters 15
pursuant to this chapter shall be permitted to file a change 16
of address with the election authority or before an electio n 17
judge at a polling place and vote at a central polling place 18
or at the polling place that serves his or her new address 19 SCS HB 1878 22
upon written or oral affirmation by the voter of the new 20
address. 21
3. A registered voter who has changed his or her 22
residence within the state and has not been removed from the 23
list of registered voters under this chapter shall be 24
permitted to file a change of address in person at the 25
office of the election authority on election day. In order 26
to change an address in person on election day under this 27
subsection, a registered voter shall provide a form of 28
personal photo identification required under subsection 1 of 29
section 115.427. 30
4. If the applicant for registration was last 31
registered in another jurisdiction with in this state or 32
another state, the election authority shall send notice of 33
the registration to the election authority where the 34
applicant was previously registered. The election authority 35
sending the notice shall provide identifying information to 36
assist the election authority receiving the notice to 37
determine whether the person named was previously registered 38
in such jurisdiction and whether, based on the identifying 39
information provided, the application can be removed from 40
the voting record in the former jurisdiction. 41
[4.] 5. Upon receipt of a notice from another election 42
authority that a voter has registered in another 43
jurisdiction in this state or another state, the election 44
authority shall determine whether sufficient information is 45
provided in the notice to identify the person named in such 46
notice as previously registered in the election authority's 47
jurisdiction and presently removable from the voting records 48
in the election authority's jurisdiction. Every election 49
authority is authorized to examine the information provided 50
in a notice of duplicate registration provided by the 51 SCS HB 1878 23
Missouri voter registration system authorized pursuant to 52
section 115.158 to determine if a voter in one election 53
authority's voter registration recor ds has subsequently 54
registered in another jurisdiction. If, after reviewing the 55
information provided, the election authority is satisfied 56
that the person identified in the notice is listed as a 57
registered voter in the election authority's jurisdiction 58
but has subsequently registered in another jurisdiction, the 59
election authority may remove the person's registration from 60
the list of registered voters. 61
115.205. 1. [Any] No person [who is] shall be paid or 1
otherwise compensated f or soliciting [more than ten] voter 2
registration applications, other than a governmental entity 3
or a person who is paid or compensated by a governmental 4
entity for such solicitation [, shall be registered with the 5
secretary of state as a voter registrat ion solicitor]. A 6
voter registration solicitor who solicits more than ten 7
voter registration applications shall register for every 8
election cycle that begins on the day after the general 9
election and ends on the day of the general election two 10
years later. A voter registration solicitor shall be at 11
least eighteen years of age and shall be a registered voter 12
in the state of Missouri. 13
2. Each voter registration solicitor shall provide the 14
following information in writing to the secretary of st ate's 15
office: 16
(1) The name of the voter registration solicitor; 17
(2) The residential address, including street number, 18
city, state, and zip code; 19
(3) The mailing address, if different from the 20
residential address; and 21 SCS HB 1878 24
(4) [Whether the voter registration solicitor expects 22
to be paid for soliciting voter registrations; 23
(5) If the voter registration solicitor expects to be 24
paid, the identity of the payor; or 25
(6)] The signature of the voter registration solicitor. 26
3. The solicitor information required in subsection 2 27
of this section shall be submitted to the secretary of 28
state's office with the following oath and affirmation: 29
"I HEREBY SWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT 30
ALL STATEMENTS MADE BY ME A RE TRUE AND CORRECT.". 31
4. Any voter registration solicitor who knowingly 32
fails to register with the secretary of state is guilty of a 33
class three election offense. Voter registration 34
applications shall be accepted by the election authority if 35
such applications are otherwise valid, even if the voter 36
registration solicitor who procured the applications fails 37
to register with or submits false information to the 38
secretary of state. 39
115.225. 1. Before use by election authoritie s in 1
this state, the secretary of state shall approve the marking 2
devices and the automatic tabulating equipment used in 3
electronic voting systems and may promulgate rules and 4
regulations to implement the intent of sections 115.225 to 5
115.235. 6
2. No electronic voting system shall be approved 7
unless it: 8
(1) Permits voting in absolute secrecy; 9
(2) Permits each voter to vote for as many candidates 10
for each office as a voter is lawfully entitled to vote for; 11
(3) Permits each voter to vote for or against as many 12
questions as a voter is lawfully entitled to vote on, and no 13
more; 14 SCS HB 1878 25
(4) Provides facilities for each voter to cast as many 15
write-in votes for each office as a voter is lawfully 16
entitled to cast; 17
(5) Permits each voter in a primary election to vote 18
for the candidates of only one party announced by the voter 19
in advance; 20
(6) Permits each voter at a presidential election to 21
vote by use of a single mark for the candidates of one party 22
or group of petitione rs for president, vice president and 23
their presidential electors; 24
(7) Accurately counts all proper votes cast for each 25
candidate and for and against each question; 26
(8) Is set to reject all votes, except write -in votes, 27
for any office and on any question when the number of votes 28
exceeds the number a voter is lawfully entitled to cast; 29
(9) Permits each voter, while voting, to clearly see 30
the ballot label; 31
(10) Has been tested and is certified by an 32
independent authority that meet s the voting system standards 33
developed by the Federal Election Commission or its 34
successor agency. The provisions of this subdivision shall 35
not be required for any system purchased prior to August 28, 36
2002. 37
3. The secretary of state shall promu lgate rules and 38
regulations to allow the use of a computerized voting 39
system. The procedures shall provide for the use of a 40
computerized voting system with the ability to provide a 41
paper audit trail. Notwithstanding any provisions of this 42
chapter to the contrary, such a system may allow for the 43
storage of processed ballot materials in an electronic form. 44
4. Any rule or portion of a rule, as that term is 45
defined in section 536.010, that is created under the 46 SCS HB 1878 26
authority delegated in this section shall become effective 47
only if it complies with and is subject to all of the 48
provisions of chapter 536 and, if applicable, section 49
536.028. This section and chapter 536 are nonseverable and 50
if any of the powers vested with the general assembly 51
pursuant to chapter 536 to review, to delay the effective 52
date or to disapprove and annul a rule are subsequently held 53
unconstitutional, then the grant of rulemaking authority and 54
any rule proposed or adopted after August 28, 2002, shall be 55
invalid and void. 56
5. If any election authority uses any touchscreen 57
direct-recording electronic vote -counting machine, the 58
election authority may continue to use such machine. Upon 59
the removal of such voting machine from the election 60
authority's inventory becaus e of mechanical malfunction, 61
wear and tear, or any other reason, the machine shall not be 62
replaced and no additional direct -recording electronic 63
voting machine shall be added to the election authority's 64
inventory. Such machines shall not be used begin ning 65
January 1, 2024. 66
6. The secretary of state shall have authority to 67
require cyber security testing, including penetration 68
testing, of vendor machines, programs, and systems. Failure 69
to participate in such testing shall result in a revocation 70
of vendor certification. Upon notice from another 71
jurisdiction of cyber security failures or certification 72
withholds or revocation, the secretary of state shall have 73
authority to revoke or withhold certification for vendors. 74
The requirements of thi s section shall be subject to 75
appropriation for the purpose of cyber security testing. 76
7. All election authorities and the secretary of state 77
shall be members of the Elections Infrastructure Information 78 SCS HB 1878 27
Sharing and Analysis Center (EI -ISAC). If the EI-ISAC 79
ceases to exist, the secretary of state may designate a new 80
organization of which each election authority shall be a 81
member, provided such organization shall have substantially 82
the same purpose and mission as the EI -ISAC. 83
115.237. 1. Each ballot printed or designed for use 1
with an electronic voting system for any election pursuant 2
to this chapter shall contain all questions and the names of 3
all offices and candidates certified or filed pursuant to 4
this chapter and no other. Beginning January 1, 2024, the 5
official ballot shall be a paper ballot that is hand marked 6
by the voter or by a paper ballot marking device as 7
authorized under section 115.225. As far as practicable, 8
all questions and the names of all offices and candidates 9
for which each voter is entitled to vote shall be printed on 10
one page except for the ballot for political party committee 11
persons in polling places not utilizing an electronic voting 12
system which may be printed separately and in conformi ty 13
with the requirements contained in this section. As far as 14
practicable, ballots containing only questions and the names 15
of nonpartisan offices and candidates shall be printed in 16
accordance with the provisions of this section, except that 17
the ballot information may be listed in vertical or 18
horizontal rows. The names of candidates for each office 19
shall be listed in the order in which they are filed. 20
2. In polling places using electronic voting systems, 21
the ballot information may be arranged in vertical or 22
horizontal rows or on a number of separate pages or 23
screens. In any event, the name of each candidate, the 24
candidate's party, the office for which he or she is a 25
candidate, and each question shall be indicated clearly on 26
the ballot. 27 SCS HB 1878 28
3. Nothing in this subchapter shall be construed as 28
prohibiting the use of a separate paper ballot for questions 29
[or for the presidential preference primary ] in any polling 30
place using an electronic voting system. 31
4. Where electronic voting s ystems are used and when 32
write-in votes are authorized by law, a write -in ballot, 33
which may be in the form of a separate paper ballot, card, 34
or envelope, may be provided by the election authority to 35
permit each voter to write in the names of persons wh ose 36
names do not appear on the ballot. 37
5. No ballot printed or designed for use with an 38
electronic voting system for any partisan election held 39
under this chapter shall allow a person to vote a straight 40
political party ticket. For purposes of this subsection, a 41
"straight political party ticket" means voting for all of 42
the candidates for elective office who are on the ballot 43
representing a single political party by a single selection 44
on the ballot. 45
6. The secretary of state shall promulg ate rules that 46
specify uniform standards for ballot layout for each 47
electronic or computerized ballot counting system approved 48
under the provisions of section 115.225 so that the ballot 49
used with any counting system is, where possible, consistent 50
with the intent of this section. Nothing in this section 51
shall be construed to require the format specified in this 52
section if it does not meet the requirements of the ballot 53
counting system used by the election authority. 54
7. Any rule or portion of a rule, as that term is 55
defined in section 536.010, that is created under the 56
authority delegated in this section shall become effective 57
only if it complies with and is subject to all of the 58
provisions of chapter 536 and, if applicable, section 59 SCS HB 1878 29
536.028. This section and chapter 536 are nonseverable and 60
if any of the powers vested with the general assembly 61
pursuant to chapter 536 to review, to delay the effective 62
date or to disapprove and annul a rule are subsequently held 63
unconstitutional, then the grant of rulemaking authority and 64
any rule proposed or adopted after August 28, 2002, shall be 65
invalid and void. 66
115.257. 1. In jurisdictions where electronic voting 1
machines are used, the election authority shall cause the 2
voting machines to be put in order, set, adjusted and made 3
ready for voting before they are delivered to polling places. 4
2. At least five days before preparing electronic 5
voting machines for any election, notice of the time and 6
place of such preparation shall be mailed to each 7
independent candidate and the chairman of the county 8
committee of each established political party named on the 9
ballot. The preparation shall be watched by two observers 10
designated by the election authority, one from each majo r 11
political party, and shall be open to representatives of the 12
political parties, candidates, the news media and the public. 13
3. When an electronic voting machine has been examined 14
by such observers and shown to be in good working order, the 15
machine shall be locked against voting. The observers shall 16
certify the vote count on each machine is set at zero. 17
4. After an electronic voting machine has been 18
properly prepared and locked, its keys shall be retained by 19
the election authority and de livered to the election judges 20
along with the other election supplies. 21
5. For the purpose of processing absentee ballots, 22
cast by voters in person in the office of the election 23
authority that is deemed designated as a polling place , the 24
election authority may cause voting machines , if used, to be 25 SCS HB 1878 30
put in order, set, adjusted, tested, and made ready for 26
voting within one business day of the printing of absentee 27
ballots as provided in section 115.281. The election 28
authority shall have the record ing counter except for the 29
protective counter on the voting machine set to zero (000). 30
After the voting machines have been made ready for voting, 31
the election authority shall not permit any person to handle 32
any voting machine, except voters while they are voting and 33
others expressly authorized by the election authority. The 34
election authority shall neither be nor permit any other 35
person to be in any position or near any position that 36
enables the authority or person to see how any absentee 37
voter votes or has voted. 38
6. Nothing in this section shall prohibit the on -site 39
storage of electronic voting machines and the preparation of 40
the electronic machines for voting, provided the electronic 41
voting machines are put in order, set, adjusted and m ade 42
ready for voting as provided in subsections 1, 2, 3, 4, and 43
5 of this section. 44
115.275. As used in sections 115.275 to 115.304, 1
unless the context clearly indicates otherwise, the 2
following terms shall mean: 3
(1) "Absentee ballot", any [of the ballots] ballot a 4
person is authorized to cast [away from a polling place ] in 5
the office of the election authority, by mail, or at another 6
authorized location designated by the election authority 7
pursuant to the provisions of secti ons 115.275 to 115.304; 8
(2) "Covered voter": 9
(a) A uniformed services voter who is registered to 10
vote in this state; 11 SCS HB 1878 31
(b) A uniformed services voter defined in this section 12
whose voting residence is in this state and who otherwise 13
satisfies this state's voter eligibility requirements; 14
(c) An overseas voter; 15
(d) Civilian employees of the United States government 16
working outside the boundaries of the United States, and 17
their spouses and dependents; 18
(e) Active members of religious or welfare 19
organizations assisting servicemen, and their spouses and 20
dependents; or 21
(f) Persons who have been honorably discharged from 22
the Armed Forces, including the Space Force, or who have 23
terminated their service or employment in any group 24
mentioned in this section within sixty days of an election, 25
and their spouses and dependents; 26
(3) "Interstate former resident", a former resident 27
and registered voter in this state who moves from Missouri 28
to another state after the dead line to register to vote in 29
any presidential election in the new state and who otherwise 30
possesses the qualifications to register and vote in such 31
state; 32
(4) ["Intrastate new resident", a registered voter of 33
this state who moves from one election authority's 34
jurisdiction in the state to another election authority's 35
jurisdiction in the state after the last day authorized in 36
this chapter to register to vote in an election and 37
otherwise possesses the qualifications to vote; 38
(5)] "New resident", a person who moves to this state 39
after the last date authorized in this chapter to register 40
to vote in any presidential election; 41
[(6)] (5) "Overseas voter": 42 SCS HB 1878 32
(a) A person who resides outside the United States and 43
is qualified to vote in the last place in which the person 44
was domiciled before leaving the United States; or 45
(b) A person who resides outside the United States 46
and, but for such residence, would be qualified to vote in 47
the last place in which the person was domiciled b efore 48
leaving the United States; 49
[(7)] (6) "Uniformed services": 50
(a) Active and reserve components of the Army, Navy, 51
Air Force, Marine Corps, Space Force, or Coast Guard of the 52
United States; 53
(b) The Merchant Marine, the commissioned corps of the 54
Public Health Service, or the commissioned corps of the 55
National Oceanic and Atmospheric Administration of the 56
United States; or 57
(c) The Missouri National Guard; 58
[(8)] (7) "Uniformed services voter", an individual 59
who is qualified to vote and is: 60
(a) A member of the active or reserve components of 61
the Army, Navy, Air Force, Marine Corps, Space Force, or 62
Coast Guard of the United States who is on active duty; 63
(b) A member of the Merchant Marine, the commissioned 64
corps of the Public Health Service, or the commissioned 65
corps of the National Oceanic and Atmospheric Administration 66
of the United States; 67
(c) A member on activated status of the National 68
Guard; or 69
(d) A spouse or dependent of a member referre d to in 70
this subdivision; 71
[(9)] (8) "United States", used in the territorial 72
sense, the several states, the District of Columbia, Puerto 73
Rico, the United States Virgin Islands, and any territory or 74 SCS HB 1878 33
insular possession subject to the jurisdiction o f the United 75
States. 76
115.277. 1. Any registered voter of this state may 1
cast an absentee ballot in person at a location designated 2
by the election authority for all candidates and issues for 3
which such voter is eligible to vote at the polling place. 4
Any registered voter casting a ballot under the provisions 5
of this subsection shall provide a form of personal photo 6
identification that is consistent with subsection 1 of 7
section 115.427. 8
2. Except as provided in subsections [2, 3,] 4, [and] 9
5, and 6 of this section, any registered voter of this state 10
may [vote by] cast an absentee ballot for all candidates and 11
issues for which such voter would be eligible to vote at the 12
polling place if such voter expects to be prevented from 13
going to the polls to vote on election day [due to:]. Any 14
absentee ballot that is not requested and completed in 15
person at the office of the election authority with a form 16
of personal photo identification that is consistent with 17
subsection 1 of section 115.427 shall have the statement on 18
the ballot envelope notarized as required under section 19
115.283, except that absentee ballots requested under 20
subdivisions (2) and (5) of subsection 3 of this section 21
shall not require notarization. This subsection shall apply 22
only in the case of absentee ballots that are not cast in 23
person. 24
3. A voter may request an absentee ballot for any of 25
the following reasons: 26
(1) Absence on election day from the jurisdiction of 27
the election authority i n which such voter is registered to 28
vote; 29 SCS HB 1878 34
(2) Incapacity or confinement due to illness or 30
physical disability on election day, including a person who 31
is primarily responsible for the physical care of a person 32
who is incapacitated or confined due to illness or 33
disability and resides at the same address ; 34
(3) Religious belief or practice; 35
(4) Employment as: 36
(a) An election authority, as a member of an election 37
authority, or by an election authority at a location other 38
than such voter's polling place; 39
(b) A first responder; 40
(c) A health care worker; or 41
(d) A member of law enforcement; 42
(5) Incarceration, provided all qualifications for 43
voting are retained; 44
(6) Certified participation in the address 45
confidentiality program established under sections 589.660 46
to 589.681 because of safety concerns [; or 47
(7) For an election that occurs during the year 2020, 48
the voter has contracted or is in an at -risk category for 49
contracting or transmitting severe acute respiratory 50
syndrome coronavirus 2. This subdivision shall expire on 51
December 31, 2020]. 52
[2.] 4. Any covered voter who is eligible to register 53
and vote in this state may vote in any election for federal 54
office, statewide office, state leg islative office, or 55
statewide ballot initiatives by submitting a federal 56
postcard application to apply to vote by absentee ballot or 57
by submitting a federal postcard application at the polling 58
place even though the person is not registered. A federal 59
postcard application submitted by a covered voter pursuant 60
to this subsection shall also serve as a voter registration 61 SCS HB 1878 35
application under section 115.908 and the election authority 62
shall, if satisfied that the applicant is entitled to 63
register, place the voter's name on the voter registration 64
file. Each covered voter may vote by absentee ballot or, 65
upon submitting an affidavit that the person is qualified to 66
vote in the election, may vote at the person's polling place. 67
[3.] 5. Any interstate former resident may vote by 68
absentee ballot for presidential and vice presidential 69
electors. 70
[4. Any intrastate new resident may vote by absentee 71
ballot at the election for presidential and vice 72
presidential electors, United States senator, repres entative 73
in Congress, statewide elected officials and statewide 74
questions, propositions and amendments from such resident's 75
new jurisdiction of residence after registering to vote in 76
such resident's new jurisdiction of residence. 77
5.] 6. Any new resident may vote by absentee ballot 78
for presidential and vice presidential electors after 79
registering to vote in such resident's new jurisdiction of 80
residence. 81
[6. For purposes of this section, the voters who are 82
in an at-risk category for contra cting or transmitting 83
severe acute respiratory syndrome coronavirus 2 are voters 84
who: 85
(1) Are sixty-five years of age or older; 86
(2) Live in a long-term care facility licensed under 87
chapter 198; 88
(3) Have chronic lung disease or modera te to severe 89
asthma; 90
(4) Have serious heart conditions; 91
(5) Are immunocompromised; 92
(6) Have diabetes; 93 SCS HB 1878 36
(7) Have chronic kidney disease and are undergoing 94
dialysis; or 95
(8) Have liver disease.] 96
115.279. 1. Application for an absentee ballot may be 1
made by the applicant in person, or by mail, or for the 2
applicant, in person, by his or her guardian or a relative 3
within the second degree by consanguinity or affinity. The 4
election authority shall accept app lications by facsimile 5
transmission and by electronic mail within the limits of its 6
telecommunications capacity. 7
2. Notwithstanding section 115.284, no individual, 8
group, or party shall solicit a voter into obtaining an 9
absentee ballot applicatio n. Absentee ballot applications 10
shall not have the information pre -filled prior to it being 11
provided to a voter. Nothing in this section shall be 12
interpreted to prohibit a state or local election authority 13
from assisting voters. 14
3. Each application shall be made to the election 15
authority of the jurisdiction in which the person is or 16
would be registered. Each application shall be in writing 17
and shall state the applicant's name, address at which he or 18
she is or would be registered, his or her reason for voting 19
an absentee ballot, the address to which the ballot is to be 20
mailed, if mailing is requested, and for absent uniformed 21
services and overseas applicants, the applicant's email 22
address if electronic transmission is requested. If the 23
reason for the applicant voting absentee is due to the 24
reasons established under subdivision (6) of subsection 1 of 25
section 115.277, the applicant shall state the voter's 26
identification information provided by the address 27
confidentiality program in lie u of the applicant's name, 28
address at which he or she is or would be registered, and 29 SCS HB 1878 37
address to which the ballot is to be mailed, if mailing is 30
requested. Each application to vote in a primary election 31
shall also state which ballot the applicant wishe s to 32
receive. If any application fails to designate a ballot, 33
the election authority shall, within three working days 34
after receiving the application, notify the applicant by 35
mail that it will be unable to deliver an absentee ballot 36
until the applicant designates which political party ballot 37
he or she wishes to receive. If the applicant does not 38
respond to the request for political party designation, the 39
election authority is authorized to provide the voter with 40
that part of the ballot for which no political party 41
designation is required. 42
[3. Except as provided in subsection 3 of section 43
115.281,] 4. All applications for absentee ballots received 44
prior to the sixth Tuesday before an election shall be 45
stored at the office of the election authority until such 46
time as the applications are processed in accordance with 47
section 115.281. No application for an absentee ballot 48
received in the office of the election authority by mail, by 49
facsimile transmission, by electronic mail, or by a gua rdian 50
or relative after 5:00 p.m. on the second Wednesday 51
immediately prior to the election shall be accepted by any 52
election authority. No application for an absentee ballot 53
submitted by the applicant in person after 5:00 p.m. on the 54
day before the election shall be accepted by any election 55
authority, except as provided in subsections [6, 8] 7, 8, 56
and 9 of this section. 57
[4.] 5. Each application for an absentee ballot shall 58
be signed by the applicant or, if the application is made by 59
a guardian or relative pursuant to this section, the 60
application shall be signed by the guardian or relative, who 61 SCS HB 1878 38
shall note on the application his or her relationship to the 62
applicant. If an applicant, guardian or relative is blind, 63
unable to read or write the English language or physically 64
incapable of signing the application, he or she shall sign 65
by mark, witnessed by the signature of an election official 66
or person of his or her own choosing. Any person who 67
knowingly makes, delivers or mails a fraudul ent absentee 68
ballot application shall be guilty of a class one election 69
offense. 70
[5.] 6. (1) Notwithstanding any law to the contrary, 71
any resident of the state of Missouri who resides outside 72
the boundaries of the United States or who is on acti ve duty 73
with the Armed Forces of the United States or members of 74
their immediate family living with them may request an 75
absentee ballot for both the primary and subsequent general 76
election with one application. 77
(2) The election authority shall pr ovide each absent 78
uniformed services voter and each overseas voter who submits 79
a voter registration application or an absentee ballot 80
request, if the election authority rejects the application 81
or request, with the reasons for the rejection. 82
(3) Notwithstanding any other law to the contrary, if 83
a standard oath regarding material misstatements of fact is 84
adopted for uniformed and overseas voters pursuant to the 85
Help America Vote Act of 2002, the election authority shall 86
accept such oath for vote r registration, absentee ballot, or 87
other election-related materials. 88
(4) Not later than sixty days after the date of each 89
regularly scheduled general election for federal office, 90
each election authority which administered the election 91
shall submit to the secretary of state in a format 92
prescribed by the secretary a report on the combined number 93 SCS HB 1878 39
of absentee ballots transmitted to, and returned by, absent 94
uniformed services voters and overseas voters for the 95
election. The secretary shall submit to the Election 96
Assistance Commission a combined report of such information 97
not later than ninety days after the date of each regularly 98
scheduled general election for federal office and in a 99
standardized format developed by the commission pursuant to 100
the Help America Vote Act of 2002. The secretary shall make 101
the report available to the general public. 102
(5) As used in this section, the terms "absent 103
uniformed services voter" and "overseas voter" shall have 104
the meaning prescribed in 52 U.S.C. Section 20310. 105
[6.] 7. An application for an absentee ballot by a new 106
resident shall be submitted in person by the applicant in 107
the office of the election authority in the election 108
jurisdiction in which such applicant resides. The 109
application shall be received by the election authority no 110
later than 7:00 p.m. on the day of the election. Such 111
application shall be in the form of an affidavit, executed 112
in duplicate in the presence of the election authority or 113
any authorized officer of the elect ion authority, and in 114
substantially the following form: 115
116 "STATE OF _________
117 COUNTY OF _________ , ss.
118 I, ______, do solemnly swear that:
119
120
121
122
(1) Before becoming a resident of this state, I
resided at ______ (residence address) in ______
(town, township, village or city) of ______
County in the state of ______;
123
124
(2) I moved to this state after the last day to
register to vote in such general presidential
SCS HB 1878 40
[7.] 8. The election authority in whose office an 144
application is filed pursuant to subsection [6] 7 of this 145
section shall immediately send a duplicate of such 146
application to the appropriate official of the state in 147
which the new resident applicant last resid ed and shall file 148
the original of such application in its office. 149
[8. An application for an absentee ballot by an 150
intrastate new resident shall be made in person by the 151
applicant in the office of the election authority in the 152
election jurisdictio n in which such applicant resides. The 153
application shall be received by the election authority no 154
later than 7:00 p.m. on the day of the election. Such 155
application shall be in the form of an affidavit, executed 156
125
126
election and I am now residing in the county of
______, state of Missouri;
127
128
129
(3) I believe I am entitled pursuant to the laws of
this state to vote in the presidential election
to be held November ______, ______ (year);
130
131
132
133
(4) I hereby make application for a presidential
and vice presidential ballot. I have not voted
and shall not vote other than by this ballot at
such election.
134 Signed __________________
135 (Applicant)
136 ________________
137
138
(Residence
Address)
139
140
Subscribed and sworn to before me this ______ day
of ______, ______
141 Signed __________________
142
143
(Title and name of officer authorized to
administer oaths)"
SCS HB 1878 41
in duplicate in the presence of the ele ction authority or an 157
authorized officer of the election authority, and in 158
substantially the following form: 159
9. An application for an absentee ballot by an 186
interstate former resident shall be received in the office 187
of the election authority where the applicant was formerly 188
160 "STATE OF ______
161 COUNTY OF ______, ss.
162 I, ______, do solemnly swear that:
163
164
165
166
(1) Before becoming a resident of this election
jurisdiction, I resided at ______ (residence
address) in ______ (town, township, village or
city) of ______ county in the state of ______;
167
168
(2) I moved to this election jurisdiction after the
last day to register to vote in such election;
169
170
171
(3) I believe I am entitled pursuant to the laws of
this state to vote in the election to be held
______ (date);
172
173
174
175
176
(4) I hereby make application for an absentee
ballot for candidates and issues on which I am
entitled to vote pursuant to the laws of this
state. I have not voted and shall not vote
other than by this ballot at such election.
177 Signed __________________
178 (Applicant)
179 __________________
180 (Residence Address)
181
182
Subscribed and sworn to before me this ______ day
of ______, ______
183 Signed __________________
184
185
(Title and name of officer authorized to
administer oaths)"
] SCS HB 1878 42
registered by 5:00 p.m. on the second Wednesday immediately 189
prior to the election, unless the application is made in 190
person by the applicant in the office of the election 191
authority, in which case such application shall be made no 192
later than 7:00 p.m. on the day of the election. 193
115.283. 1. Each ballot envelope shall bear a 1
statement on which the voter shall state the voter's name, 2
the voter's voting address, the voter's mailing address and 3
the voter's reason for voting an absent ee ballot. If the 4
reason for the voter voting absentee is due to the reasons 5
established under subdivision (6) of subsection [1] 2 of 6
section 115.277, the voter shall state the voter's 7
identification information provided by the address 8
confidentiality program in lieu of the applicant's name, 9
voting address, and mailing address. On the form, the voter 10
shall also state under penalties of perjury that the voter 11
is qualified to vote in the election, that the voter has not 12
previously voted and will no t vote again in the election, 13
that the voter has personally marked the voter's ballot in 14
secret or supervised the marking of the voter's ballot if 15
the voter is unable to mark it, that the ballot has been 16
placed in the ballot envelope and sealed by the voter or 17
under the voter's supervision if the voter is unable to seal 18
it, and that all information contained in the statement is 19
true. In addition, any person providing assistance to the 20
absentee voter shall include a statement on the envelope 21
identifying the person providing assistance under penalties 22
of perjury. Persons authorized to vote only for federal and 23
statewide officers shall also state their former Missouri 24
residence. 25 SCS HB 1878 43
2. The statement for persons voting absentee ballots 26
who are registered voters shall be in substantially the 27
following form: 28
29 State of Missouri
30 County (City) of _______________
31
32
33
34
35
36
37
I, ______ (print name), a registered voter of
______ County (City of St. Louis, Kansas City),
declare under the penalties of perjury that I am
voting in person at a location designated by the
local election authority or I expect to be
prevented from going to the polls on election day
due to (check one):
38
39
40
______ absence on election day from the
jurisdiction of the election authority in
which I am registered;
41
42
43
44
45
______ incapacity or confinement due to illness or
physical disability on election day,
including caring for a person who is
incapacitated or confined due to illness or
disability and resides at the same address ;
46 ______ religious belief or practice;
47
48
49
50
51
______ employment as an election authority [or], by
an election authority at a location other
than my polling place , as a first responder,
as a health care worker, or as a member of
law enforcement;
52
53
______ incarceration, although I have retained all
the necessary qualifications for voting;
54
55
56
57
______ certified participation in the address
confidentiality program established under
sections 589.660 to 589.681 because of
safety concerns.
58
59
60
61
62
I hereby state under penalties of perjury that I
am qualified to vote at this election; I have not
voted and will not vote other than by this ballot
at this election. I further state that I marked
the enclosed ballot in secret or that I a m blind,
SCS HB 1878 44
3. The statement for persons voting absentee ballots 87
pursuant to the provisions of subsection 2, 3, 4, or 5 of 88
section 115.277 without being registered shall b e in 89
substantially the following form: 90
63
64
65
66
67
68
unable to read or write English, or physically
incapable of marking the ballot, and the person of
my choosing indicated below marked the ballot at
my direction; all of the information on this
statement is, to the best of my knowledge and
belief, true.
69 __________________ ________________
70
71
Signature of Voter Signature of
Person
72 Assisting Voter
73 (if applicable)
74
75
Signed ______ Subscribed and
sworn
76
77
Signed ______ to before me
this
78
79
Address of Voter ______day of
______, ______
80 __________________ ________________
81 __________________ ________________
82
83
Mailing addresses Signature of
notary or
84 (if different) other officer
85 authorized to
86 administer oaths
91 State of Missouri
92 County (City) of ______
93
94
I, ______ (print name), declare under the
penalties of perjury that I am a citizen of the
SCS HB 1878 45
95
96
97
98
99
100
101
102
United States and eighteen years of age or older.
I am not adjudged incapacitated by any court of
law, and if I have been convicted of a felony or
of a misdemeanor connected with the right of
suffrage, I have had the voting disabilities
resulting from such conviction removed pursuant to
law. I hereby state under penalties of perjury
that I am qualified to vote at this election.
103 I am [(check one):
104
105
106
107
108
_____ a resident of the state of Missouri and a
registered voter in ______ County and moved
from that county to ______ County, Missouri,
after the last day to register to vote in
this election.
109
110
111
_____] an interstate former resident of Missouri
and authorized to vote for presidential and
vice presidential electors.
112
113
114
115
116
117
118
119
120
I further state under penalties of perjury that I
have not voted and will not vote other than by
this ballot at this election; I marked the
enclosed ballot in secret or am blind, unable to
read or write English, or physically incapable of
marking the ballot, and the person of my choosing
indicated below marked the ballot at my direction;
all of the information on this statement is, to
the best of my knowledge and belief, true.
121
122
_______________ Subscribed to
and
123
124
Signature of
Voter
sworn before me
this
125 ______ day of
126 ______, ______
127 _______________
128 _______________ ________________
129
130
Address of Voter Signature of
notary or
131 other officer SCS HB 1878 46
4. The statement for persons voting absentee ballots 143
who are entitled to vote at the election pursuant to the 144
provisions of subsection 2 of section 115.137 shall be in 145
substantially the following form: 146
132 authorized to
133 administer oaths
134 ________________ ________________
135 Mailing Address (if different) ________________
136 ________________
137 ________________ ________________
138
139
Signature of
Person
Address of Last
140
141
Assisting Voter Missouri
Residence
142 (if applicable)
147 State of Missouri
148 County (City) of ______
149
150
151
152
I, ______ (print name), declare under the
penalties of perjury that I expect to be prevented
from going to the polls on election day due to
(check one):
153
154
155
______ absence on election day from the
jurisdiction of the election authority in
which I am directed to vote;
156
157
158
159
160
______ incapacity or confinement due to illness or
physical disability on election day,
including caring for a person who is
incapacitated or confined due to illness or
disability and resides at the same address ;
161 ______ religious belief or practice;
162
163
______ employment as an election authority [or], by
an election authority at a location other
SCS HB 1878 47
164
165
166
than my polling place , as a first responder,
as a health care worker, or as a member of
law enforcement;
167
168
______ incarceration, although I have retained all
the necessary qualifications of voting;
169
170
171
172
______ certified participation in the address
confidentiality program established under
sections 589.660 to 589.681 because of
safety concerns.
173
174
175
176
177
178
179
180
181
182
183
184
I hereby state under penalties of perjury that I
own property in the ______ district and am
qualified to vote at this election; I have not
voted and will not vote other than by this ballot
at this election. I further state that I marked
the enclosed ballot in secret or that I am blind,
unable to read and write English, or physically
incapable of marking the ballot, and the person of
my choosing indicated below marked the ballot at
my direction; all of the information on this
statement is, to the best of my knowledge and
belief, true.
185
186
_______________ Subscribed and
sworn
187
188
Signature of
Voter
to before me
this
189 ______ day of
190 ______, ______
191 _______________
192 _______________ _______________
193
194
Address Signature of
notary or
195 other officer
196 authorized to
197 administer oaths
198 _______________ SCS HB 1878 48
5. The statement for persons p roviding assistance to 202
absentee voters shall be in substantially the following form: 203
[6. The election authority shall, for an election held 221
during 2020, adjust the forms described in this section to 222
account for voters voting absentee due to the reason 223
established pursuant to subdivision (7) of subsection 1 of 224
section 115.277. 225
7.] 6. Notwithstanding any other provision of this 226
section, any covered voter as defined in section 115.902 or 227
persons who have declared themselves to be permanently 228
disabled pursuant to section 115.284, otherwise entitled to 229
199 Signature of Person
200 Assisting Voter
201 (if applicable)
204
205
206
207
208
209
210
211
212
213
214
The voter needed assistance in marking the ballot
and signing above, because of blindness, other
physical disability, or inability to read or to
read English. I marked the ballot enclosed in this
envelope at the voter's direction, when I was
alone with the voter, and I had no other
communication with the voter as to how he or she
was to vote. The voter s wore or affirmed the voter
affidavit above and I then signed the voter's name
and completed the other voter information above.
Signed under the penalties of perjury.
215 Reason why voter needed assistance: ______
216 ASSISTING PERSON SIGN HERE
217 1. ______ (signature of assisting person)
218 2. ______ (assisting person's name printed)
219 3. ______ (assisting person's residence)
220 4. ______ (assisting person's home city or town). SCS HB 1878 49
vote, shall not be required to obtain a notary seal or 230
signature on his or her absentee ballot. 231
[8.] 7. Notwithstanding any other provision of this 232
section or section 115.291 to the contrary, the 233
subscription, signature and seal of a notary or other 234
officer authorized to administer oaths shall not be required 235
on any ballot, ballot envelope, or statement required by 236
this section if the reason for the voter voting absentee is 237
due to the reasons established pursuant to subdivision (2) 238
[or (7)] of subsection [1] 3 of section 115.277. 239
[9.] 8. No notary shall charge or collect a fee for 240
notarizing the signature on any absentee ballot or absentee 241
voter registration. 242
[10.] 9. A notary public who charges more than the 243
maximum fee specified or who charges or collects a fee for 244
notarizing the signature on any absentee ballot or absentee 245
voter registration is guilty of official misconduct. 246
115.285. The secretary of state may prescribe uniform 1
regulations with respect to the printing of ballot envelopes 2
and mailing envelopes, which shall comply with standards 3
established by federal law or postal regulations. Mailing 4
envelopes for use in returning ballots shall be printed with 5
business reply permits so that any ballot ret urned by mail 6
does not require postage. All fees and costs for 7
establishing and maintaining the business reply and postage - 8
free mail for all ballots cast shall be paid by the 9
secretary of state through state appropriations. 10
[Notwithstanding any prov ision of law to the contrary, a 11
ballot envelope used under section 115.302 shall be the same 12
ballot envelope used for absentee ballots, provided an 13
option shall be listed on the envelope to clearly indicate 14 SCS HB 1878 50
whether the voter is casting an absentee ball ot or a mail-in 15
ballot.] 16
115.286. Absentee ballots under sections 115.275 to 1
115.304 received by the election authority in person or 2
other authorized location designated by the election 3
authority are deemed cast when received prior to election 4
day. Absentee ballots received by the election authority 5
through a common carrier such as the United States Postal 6
Service are deemed cast when received prior to the time 7
fixed by law for the closing of the polls on election day. 8
Absentee ballots received by the election authority through 9
a common carrier such as the United States Postal Service 10
shall be received prior to the time fixed by law for the 11
closing of polls on election day. The election authority 12
shall hand mark or stamp e ach absentee ballot envelope as it 13
is received, indicating the date and time the absentee 14
ballot was received. 15
115.287. 1. Upon receipt of a signed application for 1
an absentee ballot and if satisfied the applicant is 2
entitled to vote by absentee ballot, the election authority 3
shall, within three working days after receiving the 4
application, or if absentee ballots are not available at the 5
time the application is received, within five working days 6
after they become available, deli ver to the voter an 7
absentee ballot, ballot envelope and such instructions as 8
are necessary for the applicant to vote. Delivery shall be 9
made to the voter personally in the office of the election 10
authority or by bipartisan teams appointed by the elect ion 11
authority, or by first class, registered, or certified mail 12
at the discretion of the election authority, or in the case 13
of a covered voter as defined in section 115.902, the method 14
of transmission prescribed in section 115.914. Where the 15 SCS HB 1878 51
election authority is a county clerk, the members of 16
bipartisan teams representing the political party other than 17
that of county clerk shall be selected from a list of 18
persons submitted to the county clerk by the county chairman 19
of that party. If no list is provided by the time that 20
absentee ballots are to be made available, the county clerk 21
may select a person or persons from lists provided in 22
accordance with section 115.087. If the election authority 23
is not satisfied that any applicant is entitled to vo te by 24
absentee ballot, it shall not deliver an absentee ballot to 25
the applicant. Within three working days of receiving such 26
an application, the election authority shall notify the 27
applicant and state the reason he or she is not entitled to 28
vote by absentee ballot. The applicant may file a complaint 29
with the elections division of the secretary of state's 30
office under and pursuant to section 115.219. 31
2. If, after 5:00 p.m. on the second Wednesday before 32
an election, any voter from the jurisdi ction has become 33
hospitalized, becomes confined due to illness or injury, or 34
is confined in an intermediate care facility, residential 35
care facility, or skilled nursing facility on election day, 36
as such terms are defined in section 198.006, in the coun ty 37
in which the jurisdiction is located or in the jurisdiction 38
of an adjacent election authority within the same county, 39
the election authority shall appoint a team to deliver, 40
witness the signing of and return the voter's application 41
and deliver, witness the voting of and return the voter's 42
absentee ballot. [In counties with a charter form of 43
government and in cities not within a county, and in each 44
city which has over three hundred thousand inhabitants, and 45
is situated in more than one county, ] If the election 46
authority receives ten or more applications for absentee 47 SCS HB 1878 52
ballots from the same address it [may] shall appoint a team 48
to deliver and witness the voting and return of absentee 49
ballots by voters residing at that address, except when such 50
addresses are for an apartment building or other structure 51
wherein individual living units are located, each of which 52
has its own separate cooking facilities. Each team 53
appointed pursuant to this subsection shall consist of two 54
registered voters, one from each major political party. 55
Both members of any team appointed pursuant to this 56
subsection shall be present during the delivery, signing or 57
voting and return of any application or absentee ballot 58
signed or voted pursuant to this subsection. 59
3. On the mailing and ballot envelopes for each 60
covered voter, the election authority shall stamp 61
prominently in black the words "FEDERAL BALLOT, STATE OF 62
MISSOURI" and "U.S. Postage Paid, 39 U.S.C. Section 3406". 63
4. No information which encourag es a vote for or 64
against a candidate or issue shall be provided to any voter 65
with an absentee ballot. 66
115.291. 1. Upon receiving an absentee ballot by 1
mail, the voter shall mark the ballot in secret, place the 2
ballot in the ballot envelope, seal the envelope and fill 3
out the statement on the ballot envelope. The affidavit of 4
each person voting an absentee ballot shall be subscribed 5
and sworn to before the election official receiving the 6
ballot, a notary public or other officer authorized by law 7
to administer oaths, unless the voter is voting absentee due 8
to incapacity or confinement due to the provisions of 9
section 115.284, illness or physical disability on election 10
day, [for an election that occurs during the year 2020, the 11
voter has contracted or is in an at -risk category for 12
contracting or transmitting severe acute respiratory 13 SCS HB 1878 53
syndrome coronavirus 2, as defined in section 115.277, ] or 14
the voter is a covered voter as defined in section 115.902. 15
If the voter is blind, unable to read or write the English 16
language, or physically incapable of voting the ballot, the 17
voter may be assisted by a person of the voter's own 18
choosing. Any person assisting a voter who is not entitled 19
to such assistance, and any person who assi sts a voter and 20
in any manner coerces or initiates a request or a suggestion 21
that the voter vote for or against or refrain from voting on 22
any question, ticket or candidate, shall be guilty of a 23
class one election offense. If, upon counting, challenge or 24
election contest, it is ascertained that any absentee ballot 25
was voted with unlawful assistance, the ballot shall be 26
rejected. [For purposes of this subsection, the voters who 27
are in an at-risk category for contracting or transmitting 28
severe acute respiratory syndrome coronavirus 2 are voters 29
who: 30
(1) Sixty-five years of age or older; 31
(2) Live in a long-term care facility licensed under 32
chapter 198; 33
(3) Have chronic lung disease or moderate to severe 34
asthma; 35
(4) Have serious heart conditions; 36
(5) Are immunocompromised; 37
(6) Have diabetes; 38
(7) Have chronic kidney disease and are undergoing 39
dialysis; or 40
(8) Have liver disease. ] 41
2. Except as provided in subsection 4 of this sectio n, 42
each absentee ballot that is not cast by the voter in person 43
in the office of the election authority shall be returned to 44
the election authority in the ballot envelope and shall only 45 SCS HB 1878 54
be returned by the voter in person, or in person by a 46
relative of the voter who is within the second degree of 47
consanguinity or affinity, by mail or registered carrier or 48
by a team of deputy election authorities; except that 49
covered voters, when sent from a location determined by the 50
secretary of state to be inacces sible on election day, shall 51
be allowed to return their absentee ballots cast by use of 52
facsimile transmission or under a program approved by the 53
Department of Defense for electronic transmission of 54
election materials. 55
3. In cases of an emergency declared by the President 56
of the United States or the governor of this state where the 57
conduct of an election may be affected, the secretary of 58
state may provide for the delivery and return of absentee 59
ballots by use of a facsimile transmission device or 60
system. Any rule promulgated pursuant to this subsection 61
shall apply to a class or classes of voters as provided for 62
by the secretary of state. 63
4. No election authority shall refuse to accept and 64
process any otherwise valid marked absentee b allot submitted 65
in any manner by a covered voter solely on the basis of 66
restrictions on envelope type. 67
115.302. [1. Any registered voter of this state may 1
cast a mail-in ballot as provided in this section. Nothing 2
in this section shall prevent a voter from casting an 3
absentee ballot, provided such person has not cast a ballot 4
pursuant to this section. Application for a mail -in ballot 5
may be made by the applicant in person, or by United States 6
mail, or on behalf of the applican t by his or her guardian 7
or relative within the second degree of consanguinity or 8
affinity. 9 SCS HB 1878 55
2. Each application for a mail -in ballot shall be made 10
to the election authority of the jurisdiction in which the 11
person is registered. Each application shall be in writing 12
and shall state the applicant's name, address at which he or 13
she is registered, the address to which the ballot is to be 14
mailed. 15
3. All applications for mail -in ballots received prior 16
to the sixth Tuesday before an election sh all be stored at 17
the office of the election authority until such time as the 18
applications are processed under section 115.281. No 19
application for a mail -in ballot received in the office of 20
the election authority after 5:00 p.m. on the second 21
Wednesday immediately prior to the election shall be 22
accepted by any election authority. 23
4. Each application for a mail -in ballot shall be 24
signed by the applicant or, if the application is made by a 25
guardian or relative under this section, the application 26
shall be signed by the guardian or relative, who shall note 27
on the application his or her relationship to the 28
applicant. If an applicant, guardian, or relative is blind, 29
unable to read or write the English language, or physically 30
incapable of signing the application, he or she shall sign 31
by mark that is witnessed by the signature of an election 32
official or person of his or her choice. Knowingly making, 33
delivering, or mailing a fraudulent mail -in-ballot 34
application is a class one election offense . 35
5. Not later than the sixth Tuesday prior to each 36
election, or within fourteen days after candidate names or 37
questions are certified under section 115.125, the election 38
authority shall cause to have printed and made available a 39
sufficient quantity of ballots, ballot envelopes, and 40
mailing envelopes. As soon as possible after a proper 41 SCS HB 1878 56
official calls a special state or county election, the 42
election authority shall cause to have printed and made 43
available a sufficient quantity of mail -in ballots, ballot 44
envelopes, and mailing envelopes. 45
6. Each ballot envelope shall bear a statement in 46
substantially the same form described in subsection 9 of 47
this section. In addition, any person providing assistance 48
to the mail-in voter shall include a signature on the 49
envelope identifying the person providing such assistance 50
under penalties of perjury. Persons authorized to vote only 51
for federal and statewide offices shall also state their 52
former Missouri residence. 53
7. The statement for pe rsons voting mail-in ballots 54
who are registered voters shall be in substantially the 55
following form: 56
57 State of Missouri
58 County (City) of _________
59
60
61
62
63
64
65
66
67
68
69
70
71
I, _________ (print name), a registered voter of
_________ County (City of St. Louis, Kansas
City), declare under the penalties of perjury
that: I am qualified to vote at this election; I
have not voted and will not vote other than by
this ballot at this election. I further state
that I marked the enclosed ballot in secret or
that I am blind, unable to read or write English,
or physically incapable of marking the ballot, and
the person of my choosing indicated below marked
the ballot at my direction; al l of the information
on this statement is, to the best of my knowledge
and belief, true.
72 __________________ __________________
73
74
Signature of Voter Signature of
Person
75 Assisting Voter SCS HB 1878 57
8. Upon receipt of a signed application for a mail -in 86
ballot and if satisfied that the applicant is entitled to 87
vote by mail-in ballot, the election authority shall, within 88
three working days after receiving the application, or, if 89
mail-in ballots are not available at the time the 90
application is received, within five working days after such 91
ballots become available, deliver to the voter a mail -in 92
ballot, ballot envelope and such instructions as are 93
necessary for the applicant to vote. If the election 94
authority is not satisfied that any applicant is entitled to 95
vote by mail-in ballot, the authority shall not deliver a 96
mail-in ballot to the applicant. Within three working days 97
of receiving such an application, the election authority 98
shall notify the applicant and state the reason he or she is 99
not entitled to vote by mail -in ballot. The applicant may 100
file a complaint with the elections division of the 101
secretary of state's office under section 115.219. 102
9. On the mailing and ballot envelopes for each 103
covered voter, the election authority shall stamp the words 104
76 (if applicable)
77
78
Subscribed and sworn to before me this _________
day of _________ , _________ .
79 __________________
80
81
Signature of notary or other officer authorized to
administer oaths.
82 ______________
83 ______________
84 Mailing addresses
85 (if different) SCS HB 1878 58
"ELECTION BALLOT, STATE OF MISSOURI" and "U.S. Postage Paid, 105
39 U.S.C. Section 3406". 106
10. No information which encourages a vote for or 107
against a candidate or issue shall be provided to any voter 108
with a mail-in ballot. 109
11. Upon receiving a mail -in ballot by mail, the voter 110
shall mark the ballot in secret, place the ballot in the 111
ballot envelope, seal the envelope and fill out the 112
statement on the ballot envelope. The statement required 113
under subsection 7 of this section shall be subscribed and 114
sworn to before a notary public or other officer authorized 115
by law to administer oaths. If the voter is blind, unable 116
to read or write the English language, or physically 117
incapable of voting the ballot, the voter may be assisted by 118
a person of the voter's own choosing. Any person who 119
assists a voter and in any manner coerces or initiates a 120
request or suggestion that the voter vote for or against, or 121
refrain from voting on, any question or candidate, shall be 122
guilty of a class one election offense. If, upon counting, 123
challenge, or election contest, it is ascertained that any 124
mail-in ballot was voted with unlawful assistance, the 125
ballot shall be rejected. 126
12. Each mail-in ballot shall be returned to the 127
election authority in the ballot envelope and shall only be 128
returned by the voter by United States mail. 129
13. The secretary of state may prescribe uniform 130
regulations with respect to the printing of ballot envelopes 131
and mailing envelopes, which shall comply with standards 132
established by federal law or postal regulations. Mailing 133
envelopes for use in returning ballots shal l be printed with 134
business reply permits so that any ballot returned by mail 135
does not require postage. All fees and costs for 136 SCS HB 1878 59
establishing and maintaining the business reply and postage - 137
free mail for all ballots cast shall be paid by the 138
secretary of state through state appropriations. 139
14. All votes on each mail -in ballot received by an 140
election authority at or before the time fixed by law for 141
the closing of the polls on election day shall be counted. 142
No votes on any mail -in ballot received by an election 143
authority after the time fixed by law for the closing of the 144
polls on election day shall be counted. 145
15. If sufficient evidence is shown to an election 146
authority that any mail -in voter has died prior to the 147
opening of the polls on election day, the ballot of the 148
deceased voter shall be rejected if it is still sealed in 149
the ballot envelope. Any such rejected ballot, still sealed 150
in its ballot envelope, shall be sealed with the application 151
and any other papers connected therewith in an envelope 152
marked "Rejected ballot of _________ , a mail -in voter of 153
_________ voting district". The reason for rejection shall 154
be noted on the envelope, which shall be kept by the 155
election authority with the other ballots from the election 156
until the ballots are destroyed according to law. 157
16. As each mail-in ballot is received by the election 158
authority, the election authority shall indicate its receipt 159
on the list. 160
17. All mail-in ballot envelopes received by the 161
election authority shall be kept together in a safe place 162
and shall not be opened except as provided under this 163
chapter. 164
18. Mail-in ballots shall be counted using the 165
procedures set out in sections 115.297, 115.299, 115.300, 166
and 115.303. 167 SCS HB 1878 60
19. The false execution of a mail-in ballot is a class 168
one election offense. The attorney general or any 169
prosecuting or circuit attorney shall have the authority to 170
prosecute such offense either in the county of residence of 171
the person or in the circuit court of Cole County. 172
20. The provisions of this section shall apply only to 173
an election that occurs during the year 2020, to avoid the 174
risk of contracting or transmitting severe acute respiratory 175
syndrome coronavirus 2. 176
21. The provisions of this section terminate and shall 177
be repealed on December 31, 2020, and shall not apply to any 178
election conducted after that date. ] Mail-in ballots shall 179
not be authorized by any executive or administrative order 180
and no authorization for the use of mail -in ballots shall be 181
inferred from any general law. This section shall not 182
preclude the use of absentee ballots authorized under this 183
chapter. Any expansion of the use of mail -in ballots 184
subsequent to the effective date of this act shall require 185
the repeal of this section by explicit reference thereto. 186
115.349. 1. Except as otherwise provided in sections 1
115.361 to 115.383 [or sections 115.755 to 115.785 ], no 2
candidate's name shall be printed on any official primary 3
ballot unless the ca ndidate has filed a written declaration 4
of candidacy in the office of the appropriate election 5
official by 5:00 p.m. on the last Tuesday in March 6
immediately preceding the primary election. 7
2. No declaration of candidacy for nomination in a 8
primary election shall be accepted for filing prior to 8:00 9
a.m. on the last Tuesday in February immediately preceding 10
the primary election. 11
3. Each declaration of candidacy for nomination in a 12
primary election shall state the candidate's full name, 13 SCS HB 1878 61
residence address, office for which such candidate proposes 14
to be a candidate, the party ticket on which he or she 15
wishes to be a candidate and that if nominated and elected 16
he or she will qualify. The declaration shall be in 17
substantially the followin g form: 18
If the declaration is to be filed in person, it shall 44
be subscribed and swor n to by the candidate before an 45
19
20
21
22
23
24
25
26
I, ______, a resident and registered voter of the
county of ______ and the state of Missouri,
residing at ______, do announce myself a candidate
for the office of ______ on the ______ party
ticket, to be voted for at the primary election to
be held on the ______ day of ______, ______, and I
further declare that if nominated and elected to
such office I will qualify.
27
28
_______________ Subscribed and
sworn
29
30
Signature of
candidate
to before me
this
31 ______ day of
32 ______, ______
33 _______________ _______________
34
35
Residence
address
Signature of
election
36
37
official or
other officer
38 authorized to
39 administer oaths
40 _______________
41 Mailing address (if different)
42 _______________
43 Telephone Number (Optional) SCS HB 1878 62
official authorized to accept his or her declaration of 46
candidacy. If the declaration is to be filed by certified 47
mail pursuant to the provisions of subsection 2 of section 48
115.355, it shall be subscribed and sworn to b y the 49
candidate before a notary public or other officer authorized 50
by law to administer oaths. 51
115.351. No person who files as a party candidate for 1
nomination or election to an office shall, without 2
withdrawing, file as another p arty's candidate or an 3
independent candidate for nomination or election to the 4
office for the same term. No person who files as an 5
independent candidate for election to an office shall, 6
without withdrawing, file as a party candidate for 7
nomination or election to the office for the same term. No 8
person shall file for one office and, without withdrawing, 9
file for another office to be filled at the same election. 10
[A person who files a request to be included on the 11
presidential primary ballot is not prohibited by this 12
section from filing or appearing on any ballot as a party 13
candidate for nomination to another office. ] Receipt by the 14
secretary of state of proper certification of nomination 15
pursuant to subsection 1 of section 115.399 constitutes 16
withdrawal by operation of law pursuant to subsection 1 of 17
section 115.359 of any presidential or vice presidential 18
nominee from any other office for which such nominee is a 19
candidate at the same election. Any person violating any 20
provision of this section shall be disqualified from running 21
for nomination or election to any office at the primary and 22
general election next succeeding the violation. 23
115.417. 1. Before the time fixed by law for the 1
opening of the polls, the electio n authority shall deliver 2
to each polling place a sufficient number of voter 3 SCS HB 1878 63
instruction cards which include the following information: 4
[if paper ballots or an electronic voting system is used, 5
the instructions shall inform the voter on ] how to obtain a 6
ballot for voting, how to vote and prepare the ballot for 7
deposit in the ballot box , and how to obtain a new ballot to 8
replace one accidentally spoiled. 9
2. The election authority at each polling place shall 10
post in a conspicuous place voting i nstructions on a poster 11
no smaller than twenty -four inches by thirty inches. Such 12
instructions shall also inform the voter that the electronic 13
voting equipment can be demonstrated upon request of the 14
voter. The election authority shall also publicly post 15
during the period of time in which a person may cast an 16
absentee ballot and on election day a sample version of the 17
ballot that will be used for that election, the date of the 18
election, the hours during which the polling place will be 19
open, instructions for mail-in registrants and first -time 20
voters, general information on voting rights in accordance 21
with the state plan filed by the secretary of state pursuant 22
to the Help America Vote Act of 2002, general information on 23
the right to cast a prov isional ballot and instructions for 24
provisional ballots, how to contact appropriate authorities 25
if voting rights have been violated, and general information 26
on federal and Missouri law regarding prohibitions on acts 27
of fraud and misrepresentation. The secretary of state may 28
promulgate rules to execute this section. No rule or 29
portion of a rule promulgated pursuant to the authority of 30
this section shall become effective unless it has been 31
promulgated pursuant to chapter 536. 32
3. The secretary of state may develop multilingual 33
voting instructions to be made available to election 34
authorities. 35 SCS HB 1878 64
115.427. 1. Persons seeking to vote in a public 1
election shall establish their identity and eligibility to 2
vote at the polling plac e or, if voting absentee in person 3
under section 115.277, at the office of the election 4
authority or other authorized location designated by the 5
election authority by presenting a form of personal photo 6
identification to election officials. No form of personal 7
photo identification other than the forms listed in this 8
section shall be accepted to establish a voter's 9
qualifications to vote. Forms of personal photo 10
identification that satisfy the requirements of this section 11
are any one of the follow ing: 12
(1) Nonexpired Missouri driver's license; 13
(2) Nonexpired or nonexpiring Missouri nondriver's 14
license; 15
(3) A document that satisfies all of the following 16
requirements: 17
(a) The document contains the name of the individual 18
to whom the document was issued, and the name substantially 19
conforms to the most recent signature in the individual's 20
voter registration record; 21
(b) The document shows a photograph of the individual; 22
(c) The document includes an expiration date, and the 23
document is not expired, or, if expired, the document 24
expired after the date of the most recent general election; 25
and 26
(d) The document was issued by the United States or 27
the state of Missouri; or 28
(4) Any identification containing a photograph of the 29
individual which is issued by the Missouri National Guard, 30
the United States Armed Forces, including the Space Force, 31
or the United States Department of Veteran Affairs to a 32 SCS HB 1878 65
member or former member of the Missouri National Guard or 33
the United States Armed Forces , including the Space Force, 34
and that is not expired or does not have an expiration date. 35
2. (1) An individual who appears at a polling place 36
without a form of personal identification described in 37
subsection 1 of this section and who is otherwise qualified 38
to vote at that polling place [may execute a statement, 39
under penalty of perjury, averring that the individual is 40
the person listed in the precinct register; averring that 41
the individual does not possess a form o f personal 42
identification described in subsection 1 of this section; 43
acknowledging that the individual is eligible to receive a 44
Missouri nondriver's license free of charge if desiring it 45
in order to vote; and acknowledging that the individual is 46
required to present a form of personal identification, as 47
described in subsection 1 of this section, in order to 48
vote. Such statement shall be executed and sworn to before 49
the election official receiving the statement. Upon 50
executing such statement, the i ndividual may cast a regular 51
ballot, provided such individual presents one of the 52
following forms of identification: 53
(a) Identification issued by the state of Missouri, an 54
agency of the state, or a local election authority of the 55
state; 56
(b) Identification issued by the United States 57
government or agency thereof; 58
(c) Identification issued by an institution of higher 59
education, including a university, college, vocational and 60
technical school, located within the state of Missouri; 61
(d) A copy of a current utility bill, bank statement, 62
government check, paycheck, or other government document 63
that contains the name and address of the individual; 64 SCS HB 1878 66
(e) Other identification approved by the secretary of 65
state under rules promulga ted pursuant to this section. 66
(2) For any individual who appears at a polling place 67
without a form of personal identification described in 68
subsection 1 of this section and who is otherwise qualified 69
to vote at that polling place, the election auth ority may 70
take a picture of such individual and keep it as part of 71
that individual's voter registration file at the election 72
authority. 73
(3) Any individual who chooses not to execute the 74
statement described in subdivision (1) of this subsection 75
may cast a provisional ballot. Such provisional ballot 76
shall be counted, provided that it meets the requirements of 77
subsection 4 of this section. 78
(4) For the purposes of this section, the term 79
"election official" shall include any person working u nder 80
the authority of the election authority. 81
3. The statement to be used for voting under 82
subdivision (1) of subsection 2 of this section shall be 83
substantially in the following form: 84
85 "State of ______
86 County of ______
87
88
89
90
91
92
93
94
95
96
97
98
I do solemnly swear (or affirm) that my name is
______; that I reside at ______; that I am the
person listed in the precinct register under this
name and at this address; and that, under pe nalty
of perjury, I do not possess a form of personal
identification approved for voting. As a person
who does not possess a form of personal
identification approved for voting, I acknowledge
that I am eligible to receive free of charge a
Missouri nondriver's license at any fee office if
desiring it in order to vote. I furthermore
acknowledge that I am required to present a form
SCS HB 1878 67
4. A voter] shall be allowed to cast a provisional 110
ballot [under section 115.430 even if the election judges 111
cannot establish the voter's identity under this section ]. 112
The election judges shall make a notation on the provisional 113
ballot envelope to indicate that the voter's identity was 114
not verified. 115
(2) No person shall be enti tled to receive a 116
provisional ballot until such person has completed a 117
provisional ballot affidavit on the provisional ballot 118
envelope. All provisional ballots shall be marked with a 119
conspicuous stamp or mark that makes them distinguishable 120
from other ballots. 121
(3) The provisional ballot envelope shall be completed 122
by the voter for use in determining the voter's eligibility 123
to cast a ballot. 124
3. The provisional ballot envelope shall provide a 125
place for the voter's name, address, date of b irth, and last 126
four digits of his or her Social Security number, followed 127
by a certificate in substantially the following form: 128
99
100
of personal identification, as prescribed by law,
in order to vote.
101
102
103
I understand that knowingly providing false
information is a violation of law and subjects me
to possible criminal prosecution.
104 __________________
105 Signature of voter
106
107
Subscribed and affirmed before me this ______ day
of ______, 20______
108 __________________
109 Signature of election official" SCS HB 1878 68
129
130
131
132
I do solemnly swear that I am the person
identified above and the information provid ed is
correct. I understand that my vote will not be
counted unless:
133
134
135
(1) (a) I return to this polling place today
between 6:00 a.m. and 7:00 p.m. and provide one of
the following forms of identification:
136 a. Nonexpired Missouri driver's license;
137
138
b. Nonexpired or nonexpiring Missouri nondriver's
license;
139
140
c. A document that satisfies all of the following
requirements:
141
142
143
(i) The document contains my name, in
substantially the same form as the most recent
signature on my voter registration record;
144 (ii) The document contains my photograph;
145
146
147
148
(iii) The document contains an expiration date
and is not expired, or if expired, the document
expired after the date of the most recent general
election; and
149
150
(iv) The document was issued by the United States
or the state of Missouri; or
151
152
153
154
155
156
157
158
d. Identification containing my photograph issued
to me by the Missouri National Guard, the United
States Armed Forces, including Space Force, or the
United States Department of Veteran Affairs as a
member or former member of the Missouri National
Guard or the United States Armed Forces that is
not expired or does not have an expiration date;
or
159
160
161
162
163
(b) The election authority verifies my identity
by comparing my signature on this envelope to the
signature on file with the election authority and
determines that I was eligible to cast a ballot at
this polling place; and
SCS HB 1878 69
Once voted, the provisional ballot shall be sealed in the 172
provisional ballot envelope and placed in a separate secured 173
container by the election judge. 174
4. The provisional ballot cast by such vot er shall not 175
be counted unless: 176
(1) (a) The voter returns to the polling place during 177
the uniform polling hours established by section 115.407 and 178
provides a form of personal identification that allows the 179
election judges to verify the voter's i dentity as provided 180
in subsection 1 of this section; or 181
(b) The election authority verifies the identity of 182
the individual by comparing that individual's signature to 183
the signature on file with the election authority and 184
determines that the indiv idual was eligible to cast a ballot 185
at the polling place where the ballot was cast; and 186
(2) The provisional ballot otherwise qualifies to be 187
counted under section 115.430. 188
5. [The secretary of state shall provide advance 189
notice of the person al identification requirements of 190
subsection 1 of this section in a manner calculated to 191
inform the public generally of the requirement for forms of 192
personal identification as provided in this section. Such 193
164
165
166
(2) This provisional ballot otherwise qualifies to
be counted under the laws of the state of
Missouri.
167 __________________ __________________
168 Signature of Voter Date
169 __________________ __________________
170
171
Signatures of Election
Officials
SCS HB 1878 70
advance notice shall include, at a minimum, the use of 194
advertisements and public service announcements in print, 195
broadcast television, radio, and cable television media, as 196
well as the posting of information on the opening pages of 197
the official state internet websites of the secretary of 198
state and governor. 199
6.] (1) Notwithstanding the provisions of section 200
136.055 and section 302.181 to the contrary, the state and 201
all fee offices shall provide one nondriver's license at no 202
cost to any otherwise qualified voter who does not already 203
possess such identification and who desires the 204
identification [in order to vote] for voting. 205
(2) This state and its agencies shall provide one copy 206
of each of the following, free of charge, if needed by an 207
individual seeking to obtain a form of pers onal photo 208
identification described in subsection 1 of this section in 209
order to vote: 210
(a) A birth certificate; 211
(b) A marriage license or certificate; 212
(c) A divorce decree; 213
(d) A certificate of decree of adoption; 214
(e) A court order changing the person's name; 215
(f) A Social Security card reflecting an updated name; 216
and 217
(g) Naturalization papers or other documents from the 218
United States Department of State proving citizenship. 219
Any individual seeking one of the above documents in order 220
to obtain a form of personal photo identification described 221
in subsection 1 of this section [in order to vote] for 222
voting may request the secretary of state to facilitate the 223
acquisition of such documents. The secretary of state sh all 224 SCS HB 1878 71
pay any fee or fees charged by another state or its 225
agencies, or any court of competent jurisdiction in this 226
state or any other state, or the federal government or its 227
agencies, in order to obtain any of the above documents from 228
such state or the federal government. 229
(3) [All costs associated with the implementation of 230
this section shall be reimbursed from the general revenue of 231
this state by an appropriation for that purpose. If there 232
is not a sufficient appropriation of state funds, then the 233
personal identification requirements of subsection 1 of this 234
section shall not be enforced. 235
(4)] Any applicant who requests a nondriver's license 236
for [the purpose of] voting shall not be required to pay a 237
fee [if the applicant executes a sta tement, under penalty of 238
perjury, averring that the applicant does not have any other 239
form of personal identification that meets the requirements 240
of this section]. The state of Missouri shall pay the 241
legally required fees for any such applicant. [The director 242
of the department of revenue shall design a statement to be 243
used for this purpose. The total cost associated with 244
nondriver's license photo identification under this 245
subsection shall be borne by the state of Missouri from 246
funds appropriated to the department of revenue for that 247
specific purpose.] The department of revenue and a local 248
election authority may enter into a contract that allows the 249
local election authority to assist the department in issuing 250
nondriver's license photo identif ications. 251
[7.] 6. The director of the department of revenue 252
shall, by January first of each year, prepare and deliver to 253
each member of the general assembly a report documenting the 254
number of individuals who have requested and received a 255
nondriver's license photo identification for the purposes of 256 SCS HB 1878 72
voting under this section. The report shall also include 257
the number of persons requesting a nondriver's license for 258
purposes of voting under this section, but not receiving 259
such license, and the rea son for the denial of the 260
nondriver's license. 261
[8.] 7. The precinct register shall serve as the voter 262
identification certificate. The following form shall be 263
printed at the top of each page of the precinct register: 264
[9.] 8. The secretary of state shall promulgate rules 277
to effectuate the provisions of this section. 278
[10.] 9. Any rule or portion of a rule, as that term 279
is defined in section 536.010, that is created under the 280
authority delegated in this section shall become effective 281
only if it complies with and is subject to all of the 282
provisions of chapter 536 and, if applicable, section 283
536.028. This section and chapter 536 are nonseverable and 284
if any of the powers vested with the general assembly 285
pursuant to chapter 536 to review, to delay the effective 286
date or to disapprove and annul a rule are subsequently held 287
265 VOTER'S IDENTIFICATION CERTIFICATE
266
267
268
Warning: It is against the law for anyone to vote,
or attempt to vote, without having a lawful right
to vote.
269 PRECINCT
270 WARD OR TOWNSHIP ______
271 GENERAL (SPECIAL, PRIMARY) ELECTION
272 Held ______, 20______
273 Date
274
275
276
I hereby certify that I am qualified to vote at
this election by signing my name and verifying my
address by signing my initials next to my address.
SCS HB 1878 73
unconstitutional, then the grant of rulemaking authority and 288
any rule proposed or adopted after August 28, 2002, sha ll be 289
invalid and void. 290
[11.] 10. If any voter is unable to sign his name at 291
the appropriate place on the certificate or computer 292
printout, an election judge shall print the name and address 293
of the voter in the appropriate place on the precinct 294
register, the voter shall make his mark in lieu of 295
signature, and the voter's mark shall be witnessed by the 296
signature of an election judge. 297
[12. This section shall become effective only upon the 298
passage and approval by the voters of a constitutio nal 299
amendment submitted to them by the general assembly 300
regarding the authorization of photo identification 301
requirements for elections by general law. If such 302
constitutional amendment is approved by the voters, this 303
section shall become effective Jun e 1, 2017.] 304
115.435. After initialing the voter's identification 1
certificate and after completing any procedures required by 2
section 115.433, the election judges shall allow the voter 3
to proceed to the voting booth and vote. Once the ballot 4
has been completed by the voter and he or she successfully 5
submits the ballot, the ballot is deemed cast. 6
115.447. 1. As used in this subchapter, unless the 1
context clearly implies otherwise, the following terms shall 2
mean: 3
(1) "Counting judges" are the two judges, one from 4
each major political party, who read each vote received by 5
all candidates and each vote for and against all questions 6
at a polling place; 7 SCS HB 1878 74
(2) "Receiving judges" are the two judges, one f rom 8
each major political party, who initial each voter's ballot 9
at a polling place; 10
(3) "Recording judges" are the two judges, one from 11
each major political party, who tally the votes received by 12
each candidate and for and against each question a t a 13
polling place. These terms describe functions rather than 14
individuals, and any election judge may perform more than 15
one function at a polling place on election day. 16
2. As used in this subchapter, unless the context 17
clearly implies otherwise, the following terms shall mean: 18
(1) "Defective ballot" is any ballot [card] on which 19
the number of write-in votes and votes cast on the ballot 20
[card] for any office exceed the number allowed by law, and 21
any ballot [card] which is bent or damaged so that it cannot 22
be properly counted by automatic tabulating equipment; 23
(2) "Rejected ballot" is any ballot on which no votes 24
are counted because the ballot fails to have the initials of 25
the proper election judges, because the number of votes for 26
all offices and on all questions exceeds the number 27
authorized by law, because the voter is deemed by the 28
election judges to be unqualified, because it is an absentee 29
ballot not accompanied by a completed and signed affidavit, 30
or because the ballot w as voted with unlawful assistance; 31
(3) "Spoiled ballot" is any ballot accidentally 32
spoiled by a voter and replaced by election judges in the 33
manner provided in subsection 2 of section 115.439. 34
115.652. [1.] An election shall no t be conducted 1
under sections 115.650 to 115.660 unless: 2
(1) The officer or agency calling the election submits 3
a written request that the election be conducted by mail. 4
Such request shall be submitted not later than the date 5 SCS HB 1878 75
specified in section 115.125 for submission of the notice of 6
election and sample ballot; 7
(2) The election authority responsible for conducting 8
the election authorizes the use of mailed ballots for the 9
election; 10
(3) The election is nonpartisan; 11
(4) The election is not one at which any candidate is 12
elected, retained or recalled; and 13
(5) The election is an issue election at which all of 14
the qualified voters of any one political subdivision are 15
the only voters eligible to vote. 16
[2. Notwithstanding the provisions of subsection 1 of 17
this section or any other provision of law to the contrary, 18
an election may be conducted by mail as authorized under 19
section 115.302, during the year 2020, to avoid the risk 20
of contracting or transmitting severe acute respiratory 21
syndrome coronavirus 2. This subsection shall expire 22
December 31, 2020.] 23
115.902. As used in sections 115.900 to 115.936, the 1
following terms shall mean: 2
(1) "Covered voter": 3
(a) A uniformed services vo ter who is registered to 4
vote in this state; 5
(b) A uniformed services voter defined in this section 6
whose voting residence is in this state and who otherwise 7
satisfies this state's voter eligibility requirements; or 8
(c) An overseas voter; 9
(2) "Dependent", an individual recognized as a 10
dependent by a uniformed service; 11
(3) "Federal postcard application", the application 12
prescribed under Section 101(b)(2) of the Uniformed and 13 SCS HB 1878 76
Overseas Citizens Absentee Voting Act, 42 U.S.C. Secti on 14
1973ff(b)(2); 15
(4) "Federal write-in absentee ballot", the ballot 16
described in Section 103 of the Uniformed and Overseas 17
Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff -2; 18
(5) "Military-overseas ballot": 19
(a) A federal write-in absentee ballot; 20
(b) A ballot specifically prepared or distributed for 21
use by a covered voter in accordance with sections 115.900 22
to 115.936; and 23
(c) A ballot cast by a covered voter in accordance 24
with sections 115.900 to 115.936; 25
(6) "Overseas voter": 26
(a) A person who resides outside the United States and 27
is qualified to vote in the last place in which the person 28
was domiciled before leaving the United States; or 29
(b) A person who resides outside the United States 30
and, but for such residence, would be qualified to vote in 31
the last place in which the person was domiciled before 32
leaving the United States; 33
(7) "State", a state of the United States, the 34
District of Columbia, Puerto Rico, the United States Virgin 35
Islands, or any territory or insular possession subject to 36
the jurisdiction of the United States; 37
(8) "Uniformed services": 38
(a) Active and reserve components of the Army, Navy, 39
Air Force, Marine Corps, Space Force, or Coast Guard of the 40
United States; 41
(b) The Merchant Marine, the commissioned corps of the 42
Public Health Service, or the commissioned corps of the 43
National Oceanic and Atmospheric Administration of the 44
United States; or 45 SCS HB 1878 77
(c) The Missouri National Guard; 46
(9) "Uniformed services voter", an individual who is 47
qualified to vote and is: 48
(a) A member of the active or reserve components of 49
the Army, Navy, Air Force, Marine Corps, Space Force, or 50
Coast Guard of the United States who is on active duty; 51
(b) A member of the Merchant Marine, the commissioned 52
corps of the Public Health Service, or the commissioned 53
corps of the National Oceanic and Atmospheric Administration 54
of the United States; 55
(c) A member on activated status of the National 56
Guard; or 57
(d) A spouse or dependent of a member referred to in 58
this subdivision; 59
(10) "United States", used in the territorial sense, 60
the several states, the District of Columbia, Puerto Rico, 61
the United States Virgin Islands, and any territory or 62
insular possession subject to the jurisdiction of the United 63
States. 64
115.904. The voting procedures in sections 115.900 to 1
115.936 shall apply to: 2
(1) A general, special, [presidential preference, ] or 3
primary election for federal office; 4
(2) A general, special, or primary election for 5
statewide or state legislative office or state ballot 6
measure; or 7
(3) Any election in which absentee voting is conducted 8
pursuant to sections 115.275 to 115.304. 9
115.960. 1. An election authority is authorized to 1
accept voter registration applications with a signature 2
submitted to the election authority under the provisions of 3
sections 432.200 to 432.295 as provided in this section: 4 SCS HB 1878 78
(1) Sections 432.200 to 4 32.295 shall only apply to 5
transactions between parties that have agreed to conduct 6
transactions by electronic means; 7
(2) Except as provided in subsection 2 of this 8
section, as used in this section and sections 432.200 to 9
432.295, the parties who agree to conduct voter registration 10
transactions by electronic means shall be the local election 11
authority who is required to accept or reject a voter 12
registration application and the prospective voter 13
submitting the application; 14
(3) A local election authority is authorized to 15
develop, maintain, and approve systems that transmit voter 16
registration applications electronically under sections 17
432.200 to 432.295; 18
(4) Except as provided in subsection 2 of this section 19
and section 115.160, no officer, agency, or organization 20
shall collect or submit a voter registration application 21
with an electronic signature to an election authority 22
without first obtaining approval of the data and signature 23
format from the local election authority and the approval of 24
the voter to collect and store the signature and data; and 25
(5) Local election authorities who maintain a voter 26
registration application system shall direct voter 27
registration applicants from other jurisdictions to the 28
system used by the local election authority for that 29
jurisdiction to accept voter registration applications 30
electronically. 31
2. (1) A system maintained by the secretary of 32
state's office [shall] may be used to accept voter 33
registration applications electronical ly [subsequent to 34
approval from the committee formed as set forth in this 35
subsection: 36 SCS HB 1878 79
(1) Within thirty days of, but in no event prior to 37
January 1, 2017, the president of the Missouri Association 38
of County Clerks and Election Authorities shall a ppoint 39
fourteen of its members to serve on a committee to approve 40
and develop uniform standards, systems, and modifications 41
that shall be used by the secretary of state in any 42
electronic voter registration application system offered by 43
that office. The committee may also make recommendations 44
regarding the purchase, maintenance, integration, and 45
operation of electronic databases, software, and hardware 46
used by local election authorities and the secretary of 47
state's office including, but not limited to, systems used 48
for military and overseas voting and for building and 49
conducting election operations. The committee shall have 50
fourteen local election authorities, including 51
representatives of each classification of counties, a 52
representative from an election board, and at least one 53
member who has experience processing online voter 54
registration transactions. In addition, one representative 55
appointed by the secretary of state's office shall serve on 56
the committee; 57
(2) The committee shall i mmediately meet to approve 58
electronic signature formats and a minimum set of data 59
collection standards for use in a voter registration 60
application system maintained by the secretary of state; 61
(3) Once the format and data collection standards are 62
approved by the committee and implemented for the system 63
maintained by the secretary of state, ]. 64
(2) Local election authorities shall accept the 65
transmission of voter registration applications submitted to 66
the approved system under the provision s of sections 432.200 67
to 432.295[; 68 SCS HB 1878 80
(4) The secretary of state's office shall direct 69
eligible voters to a local election authority's system to 70
accept voter registration applications electronically if the 71
local election authority has a system in pl ace as of August 72
28, 2016, or implements a system that meets the same 73
standards and format that has been approved by the committee 74
for the secretary of state's system; 75
(5) The committee shall meet not less than 76
semiannually through June 30, 2019, to recommend and approve 77
changes and enhancements proposed by the secretary of state 78
or election authorities to the electronic voter registration 79
application system. Vacancies that occur on the committee 80
shall be filled by the president of the Missou ri Association 81
of County Clerks and Election Authorities at the time of the 82
vacancy;]. 83
[(6)] (3) To improve the accuracy of voter 84
registration application data and reduce costs for local 85
election authorities, the system maintained by the secretar y 86
of state shall[, as soon as is practical, ] provide a method 87
where the data entered by the voter registration applicant 88
does not have to be re -entered by the election authority to 89
the state voter registration database. 90
3. Each applicant who regi sters using an approved 91
electronic voter registration application system shall be 92
deemed to be registered as of the date the signed 93
application is submitted to the system, if such application 94
is accepted and not rejected by the election authority and 95
the verification notice required under section 115.155 is 96
not returned as undeliverable by the postal service. 97
4. This section shall not apply to voter registration 98
and absentee records submitted by voters authorized under 99 SCS HB 1878 81
federal law, section 115 .291, or sections 115.900 to 115.936 100
to submit electronic records and signatures. 101
5. High quality copies, including electronic copies, 102
of signatures made on paper documents may be used for 103
petition signature verification purposes and retained as 104
records. 105
6. Any signature required for petition submission 106
under chapter 116 shall be handwritten on a paper document. 107
7. [Notwithstanding the provisions of section 432.230 ] 108
Except as provided under sections 115.160 and 432.230 , 109
nothing in this section shall require the election authority 110
to accept voter registration records or signatures created, 111
generated, sent, communicated, received, stored, or 112
otherwise processed, or used by electronic means or in 113
electronic form from any officer, ag ency, or organization 114
not authorized under subsection 2 of this section without 115
prior approval from the election authority. Election 116
authorities shall accept and process voter registration 117
records, including electronic images of applicant 118
signatures, transmitted electronically by the division of 119
motor vehicle and driver licensing of the department of 120
revenue under section 115.160. Except as provided in 121
subsection 2 of this section and section 115.160, no 122
officer, agency, or organization shall giv e the voter the 123
opportunity to submit a voter registration application with 124
an electronic signature without first obtaining the approval 125
of the local election authority. 126
8. An election authority that agrees to conduct a 127
transaction by electronic means may refuse to conduct other 128
transactions by electronic means. 129
9. No election authority or the secretary of state 130
shall furnish to any member of the public any data collected 131 SCS HB 1878 82
under a voter registration application system except as 132
authorized in subsections 1 to 5 of section 115.157. 133
10. Nothing in this section shall be construed to 134
require the secretary of state to cease operating a voter 135
registration application in place as of the effective date 136
of this act. 137
[115.755. A statewide presidential 1
preference primary shall be held on the second 2
Tuesday after the first Monday in March of each 3
presidential election year.] 4
[115.758. On or before the tenth Tuesday 1
prior to the date of the presidentia l preference 2
primary, the secretary of state shall announce 3
the official list of presidential candidates for 4
each established political party as provided in 5
section 115.761.] 6
[115.761. 1. The official list of 1
presidential candidat es for each established 2
political party shall include the names of all 3
constitutionally qualified candidates for whom, 4
on or after 8:00 a.m. on the fifteenth Tuesday 5
prior to the presidential primary, and on or 6
before 5:00 p.m., on the eleventh Tuesda y prior 7
to the presidential primary, a written request 8
to be included on the presidential primary 9
ballot is filed with the secretary of state 10
along with: 11
(1) Receipt of payment to the state 12
committee of the established political party on 13
whose ballot the candidate wishes to appear of a 14
filing fee of five thousand dollars; or 15
(2) A written statement, sworn to before 16
an officer authorized by law to administer 17
oaths, that the candidate is unable to pay the 18
filing fee and does not have fun ds in a campaign 19
fund or committee to pay the filing fee and a 20
petition signed by not less than five thousand 21
registered Missouri voters, as determined by the 22
secretary of state, that the candidate's name be 23
placed on the ballot of the specified 24
established political party for the presidential 25
preference primary. The request to be included 26
on the presidential primary ballot shall include 27
each signer's printed name, registered address 28
and signature and shall be in substantially the 29
following form: 30
31
32
33
34
35
I (We) the undersigned, do hereby request that the
name of ______ be placed upon the February ______,
______, presidential primary ballot as candidate
for nomination as the nominee for President of the
United States on the ______ party ticket.
SCS HB 1878 83
2. The state or national party 36
organization of an established political party 37
that adopts rules imposing signature 38
requirements to be met before a candidate can be 39
listed as an official candidate shall notify the 40
secretary of state by O ctober first of the year 41
preceding the presidential primary. 42
3. Any candidate or such candidate's 43
authorized representative may have such 44
candidate's name stricken from the presidential 45
primary ballot by filing with the secretary of 46
state on or before 5:00 p.m. on the eleventh 47
Tuesday prior to the presidential primary 48
election a written statement, sworn to before an 49
officer authorized by law to administer oaths, 50
requesting that such candidate's name not be 51
printed on the official primary bal lot. 52
Thereafter, the secretary of state shall not 53
include the name of that candidate in the 54
official list announced pursuant to section 55
115.758 or in the certified list of candidates 56
transmitted pursuant to section 115.765. 57
4. The filing times set out in this 58
section shall only apply to presidential 59
preference primaries, and are in lieu of those 60
established in section 115.349. ] 61
[115.765. On or before the tenth Tuesday 1
prior to a presidential preference primary, the 2
secretary of state shall transmit to each 3
election authority a certified list containing 4
the names of all candidates whose names shall 5
appear on the presidential preference primary 6
ballot of each party. The names of the 7
candidates shall appear in the or der in which 8
their request to be included on the presidential 9
primary ballot was received in the office of the 10
secretary of state, except that, in the case of 11
candidates who file a request to be included on 12
the presidential primary ballot with the 13
secretary of state prior to 5:00 p.m. on the 14
first day for filing, the secretary of state 15
shall determine by random drawing the order in 16
which such candidates' names shall appear on the 17
ballot. The drawing shall be conducted so that 18
each candidate, or candidate's representative, 19
may draw a number at random at the time of 20
filing. The secretary of state shall record the 21
number drawn with the candidate's request to be 22
included on the presidential primary ballot. 23
The names of candidates filing on the first day 24
for filing on each party ballot shall be listed 25
in ascending order of the numbers so drawn. ] 26
[115.767. Each election authority shall 1
cause the name of candidates certified by the 2
secretary of state to appear on the presid ential 3 SCS HB 1878 84
preference primary ballot of each party, 4
followed by a listing for an uncommitted vote. ] 5
[115.770. The conduct of the presidential 1
preference primary election and the count and 2
canvass of the votes cast therein shall conform 3
as nearly as is practicable to that prescribed 4
for the conduct of the primary election for 5
state officers. All primary election laws not 6
inconsistent with the provisions of sections 7
115.750 to 115.785 shall be applicable to the 8
conduct of this elect ion, and the form of the 9
ballot insofar as is practicable shall be 10
substantially as that prescribed by section 11
115.395. In a presidential preference primary, 12
each voter shall be entitled to receive the 13
ballot of one and only one established political 14
party, designated by the voter before receiving 15
such voter's ballot. Each voter who 16
participates in a presidential preference 17
primary shall be entitled to vote on all 18
questions and for any candidates submitted by 19
political subdivisions and special districts at 20
the general municipal election. Each voter who 21
does not wish to participate in a presidential 22
preference primary may vote on all questions and 23
for any candidates submitted by a political 24
subdivision or special district at the general 25
municipal election.] 26
[115.773. After the count and canvass of 1
the votes cast, the secretary of state shall 2
notify the state chair of each of the 3
established political parties for whom a 4
candidate was listed, of the number of votes 5
recorded in that established political party's 6
primary that each candidate and uncommitted 7
listing received.] 8
[115.776. The state party organization 1
which is the state organization recognized by 2
the national organization of that estab lished 3
political party shall, after the primary and 4
before the national convention, conduct a series 5
of caucuses culminating in congressional and 6
state conventions. Delegates to the national 7
conventions shall be chosen at the congressional 8
district and state conventions pursuant to rules 9
established by the political parties. ] 10
[115.785. All costs of a presidential 1
preference primary shall be paid by the state, 2
except that, pursuant to section 115.065, costs 3
shall be shared prop ortionately by the state and 4
any political subdivisions and special districts 5
holding an election on the same day as any such 6
primary. For any county with more than five 7 SCS HB 1878 85
hundred polling places, the state shall assist 8
in assuring adequate poll workers and equipment.] 9
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