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 BILL NO. 654
101ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR CRAWFORD.
4383S.01I ADRIANE D. CROUSE, Secretary
AN ACT
To repeal sections 115.277, 115.283, 115.285, 115.291, and 115.302, RSMo, and to enact in lieu
thereof four new sections relating to elections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.277, 115.283, 115.285, 115.291, 1
and 115.302, RSMo, are repealed and four new sections enacted 2
in lieu thereof, to be known as sections 115.277, 115.283, 3
115.285, and 115.291, to read as follows:4
115.277. 1. Except as provided in subsections 2, 3, 1
4, and 5 of this section, any registered voter of this state 2
may vote by absentee ballot for all candidates and issues 3
for which such voter would be eligible to vote at the 4
polling place if such voter expects to be prevented from 5
going to the polls to vote on election day due to: 6
(1) Absence on election day from the jurisdiction of 7
the election authority in which s uch voter is registered to 8
vote; 9
(2) Incapacity or confinement due to illness or 10
physical disability, including a person who is primarily 11
responsible for the physical care of a person who is 12
incapacitated or confined due to illness or disability; 13
(3) Religious belief or practice; 14
(4) Employment as an election authority, as a member 15
of an election authority, or by an election authority at a 16
location other than such voter's polling place; 17 SB 654 2
(5) Incarceration, provided all qualifica tions for 18
voting are retained; or 19
(6) Certified participation in the address 20
confidentiality program established under sections 589.660 21
to 589.681 because of safety concerns [; or 22
(7) For an election that occurs during the year 2020, 23
the voter has contracted or is in an at -risk category for 24
contracting or transmitting severe acute respiratory 25
syndrome coronavirus 2. This subdivision shall expire on 26
December 31, 2020]. 27
2. Any covered voter who is eligible to register and 28
vote in this state may vote in any election for federal 29
office, statewide office, state legislative office, or 30
statewide ballot initiatives by submitting a federal 31
postcard application to apply to vote by absentee ballot or 32
by submitting a federal postcard applic ation at the polling 33
place even though the person is not registered. A federal 34
postcard application submitted by a covered voter pursuant 35
to this subsection shall also serve as a voter registration 36
application under section 115.908 and the election au thority 37
shall, if satisfied that the applicant is entitled to 38
register, place the voter's name on the voter registration 39
file. Each covered voter may vote by absentee ballot or, 40
upon submitting an affidavit that the person is qualified to 41
vote in the election, may vote at the person's polling place. 42
3. Any interstate former resident may vote by absentee 43
ballot for presidential and vice presidential electors. 44
4. Any intrastate new resident may vote by absentee 45
ballot at the election for p residential and vice 46
presidential electors, United States senator, representative 47
in Congress, statewide elected officials and statewide 48
questions, propositions and amendments from such resident's 49 SB 654 3
new jurisdiction of residence after registering to vote in 50
such resident's new jurisdiction of residence. 51
5. Any new resident may vote by absentee ballot for 52
presidential and vice presidential electors after 53
registering to vote in such resident's new jurisdiction of 54
residence. 55
[6. For purposes of this section, the voters who are 56
in an at-risk category for contracting or transmitting 57
severe acute respiratory syndrome coronavirus 2 are voters 58
who: 59
(1) Are sixty-five years of age or older; 60
(2) Live in a long-term care facility licens ed under 61
chapter 198; 62
(3) Have chronic lung disease or moderate to severe 63
asthma; 64
(4) Have serious heart conditions; 65
(5) Are immunocompromised; 66
(6) Have diabetes; 67
(7) Have chronic kidney disease and are undergoing 68
dialysis; or 69
(8) Have liver disease.] 70
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 absentee ballot. If the 4
reason for the voter voting absentee is due to the reasons 5
established under subdivision (6) of subsection 1 of section 6
115.277, the voter shall state the voter's identification 7
information provided by the address confidential ity program 8
in lieu of the applicant's name, voting address, and mailing 9
address. On the form, the voter shall also state under 10
penalties of perjury that the voter is qualified to vote in 11 SB 654 4
the election, that the voter has not previously voted and 12
will not vote again in the election, that the voter has 13
personally marked the voter's ballot in secret or supervised 14
the marking of the voter's ballot if the voter is unable to 15
mark it, that the ballot has been placed in the ballot 16
envelope and sealed by t he voter or under the voter's 17
supervision if the voter is unable to seal it, and that all 18
information contained in the statement is true. In 19
addition, any person providing assistance to the absentee 20
voter shall include a statement on the envelope iden tifying 21
the person providing assistance under penalties of perjury. 22
Persons authorized to vote only for federal and statewide 23
officers shall also state their former Missouri residence. 24
2. The statement for persons voting absentee ballots 25
who are registered voters shall be in substantially the 26
following form: 27
28 State of Missouri
29 County (City) of _______________
30
31
32
33
34
I, ______ (print name), a registered voter of
______ County (City of St. Louis, Kansas City),
declare under the penalties of perjury that I
expect to be prevented from going to the polls on
election day due to (check one):
35
36
37
______ absence on election day from the
jurisdiction of the election authority in
which I am registered;
38
39
40
41
______ incapacity or confinement due to illness
or physical disability, including caring
for a person who is incapacitated or
confined due to illness or disability;
42 ______ religious belief or practice; SB 654 5
43
44
45
______ employment as an election authority or by
an election authority at a location other
than my polling place;
46
47
48
______ incarceration, although I have retained
all the necessary qualifications for
voting;
49
50
51
52
______ certified participation in the address
confidentiality program established under
sections 589.660 to 589.681 because of
safety concerns.
53
54
55
56
57
58
59
60
61
62
63
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 sec ret 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; all of the information on this statement
is, to the best of my knowledg e and belief, true.
64 __________________ __________________
65 Signature of Voter Signature of Person
66 Assisting Voter
67 (if applicable)
68 Signed ______ Subscribed and sworn
69 Signed ______ to before me this
70
71
Address of Voter ______day of ______,
______
72 __________________ __________________
73 __________________ __________________
74 Mailing addresses Signature of notary or
75 (if different) other officer
76 authorized to
77 administer oaths SB 654 6
3. The statement for persons voting absentee ballots 78
pursuant to the provisions of subsection 2, 3, 4, or 5 of 79
section 115.277 without being registered shall be in 80
substantially the following form: 81
82 State of Missouri
83 County (City) of ______
84
85
86
87
88
89
90
91
92
93
I, ______ (print name), declare under the penalties
of perjury that I am a citizen of the 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.
94 I am (check one):
95
96
97
98
99
______ 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.
100
101
102
______ an interstate former resident of Missouri
and authorized to vote for presidential
and vice presidential electors.
103
104
105
106
107
108
109
110
111
I further state under penalties of perjury that I
have not voted and will not vote other than by th is
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.
112 __________________ Subscribed to and
113 Signature of Voter sworn before me this SB 654 7
4. The statement for persons voting absentee ballots 130
who are entitled to vote at the election pursuant to the 131
provisions of subsection 2 of section 115.137 shall be in 132
substantially the following form: 133
114 ______ day of
115 ______, ______
116 __________________
117 __________________ __________________
118 Address of Voter Signature of notary or
119 other officer
120 authorized to
121 administer oaths
122 __________________ __________________
123
124
Mailing Address (if
different)
__________________
125 __________________
126 __________________ __________________
127 Signature of Person Address of Last
128 Assisting Voter Missouri Residence
129 (if applicable)
134 State of Missouri
135 County (City) of ______
136
137
138
139
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):
140
141
142
______ absence on election day from the
jurisdiction of the election authority in
which I am directed to vote;
143
144
______ incapacity or confinement due to illness
or physical disability, including caring
SB 654 8
145
146
for a person who is incapacitated or
confined due to illness or disability;
147 ______ religious belief or practice;
148
149
150
______ employment as an election authority or by
an election authority at a location other
than my polling place;
151
152
153
______ incarceration, although I have retained
all the necessary qualifications of
voting;
154
155
156
157
______ certified participation in the address
confidentiality program established under
sections 589.660 to 589.681 because of
safety concerns.
158
159
160
161
162
163
164
165
166
167
168
169
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.
170 __________________ Subscribed and sworn
171 Signature of Voter to before me this
172 ______ day of
173 ______, ______
174 __________________
175 __________________ __________________
176 Address Signature of notary or
177 other officer
178 authorized to
179 administer oaths SB 654 9
5. The statement for persons providing assistance to 184
absentee voters shall be in substantially the following form: 185
6. [The election authority shall, for an election held 203
during 2020, adjust the forms described in this section to 204
account for voters voting absentee due to the reason 205
established pursuant to subdivision (7) of subsection 1 of 206
section 115.277. 207
7.] Notwithstanding any other provision of this 208
section, any covered voter as defined in section 115.902 or 209
persons who have declared themselves to be permanently 210
180 __________________
181 Signature of Person
182 Assisting Voter
183 (if applicable)
186
187
188
189
190
191
192
193
194
195
196
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 swore 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.
197 Reason why voter needed assistance: ______
198 ASSISTING PERSON SIGN HERE
199 1. ______ (signature of assisting person)
200 2. ______ (assisting person's name printed)
201 3. ______ (assisting person's residence)
202 4. ______ (assisting person's home city or town). SB 654 10
disabled pursuant to section 115.284, otherwise entitled to 211
vote, shall not be required to obtain a notary seal or 212
signature on his or her absentee ballot. 213
[8.] 7. Notwithstanding any other provision of this 214
section or section 115.291 to the contrary, the 215
subscription, signature and seal of a notary or other 216
officer authorized to administer oaths shall not be required 217
on any ballot, ballot envelope, or statement required by 218
this section if the reason for the voter voting absentee is 219
due to the reasons established pursuant to subdivision (2) 220
[or (7)] of subsection 1 of section 115.277. 221
[9.] 8. No notary shall charge or collect a fee for 222
notarizing the signature on any absentee ballot or absentee 223
voter registration. 224
[10.] 9. A notary public who charges more than the 225
maximum fee specified or who charges or collects a fee for 226
notarizing the signature on any absentee ballot or absentee 227
voter registration is guilty of official misconduct. 228
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 returned 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 ba llots cast shall be paid by the 9
secretary of state through state appropriations. 10
[Notwithstanding any provision 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 SB 654 11
whether the voter is casting an absentee ballot or a mail -in 15
ballot.] 16
115.291. 1. Upon receiving an absentee ballot by 1
mail, the voter shall mark the ballot in secret, p lace 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, [for an 10
election that occurs during the year 2020, the voter has 11
contracted or is in an at -risk category for contracting or 12
transmitting severe acute respiratory syndrome coronavirus 13
2, as defined in section 115.277, ] or the voter is a covered 14
voter as defined in section 115.902. If the voter is blind, 15
unable to read or write the English language, or physically 16
incapable of voting the ballot, the voter may be assisted by 17
a person of the voter's own choosing. Any person assisting 18
a voter who is not entitled to such assistance, and any 19
person who assists a voter and in any manner coerces or 20
initiates a request or a suggestion that the voter vote for 21
or against or refrain from voting on any question, ticket or 22
candidate, shall be guilty of a class one election offense. 23
If, upon counting, challenge or election contest, it is 24
ascertained that any absentee ballot was voted with unlawful 25
assistance, the ballot shall be rejected. [For purposes of 26
this subsection, the voters who are in an at -risk category 27
for contracting or transmittin g severe acute respiratory 28
syndrome coronavirus 2 are voters who: 29
(1) Sixty-five years of age or older; 30 SB 654 12
(2) Live in a long-term care facility licensed under 31
chapter 198; 32
(3) Have chronic lung disease or moderate to severe 33
asthma; 34
(4) Have serious heart conditions; 35
(5) Are immunocompromised; 36
(6) Have diabetes; 37
(7) Have chronic kidney disease and are undergoing 38
dialysis; or 39
(8) Have liver disease.] 40
2. Except as provided in subsection 4 of this section, 41
each absentee ballot that is not cast by the voter in person 42
in the office of the election authority shall be returned to 43
the election authority in the ballot envelope and shall only 44
be returned by the voter in person, or in person by a 45
relative of the voter who is within the second degree of 46
consanguinity or affinity, by mail or registered carrier or 47
by a team of deputy election authorities; except that 48
covered voters, when sent from a location determined by the 49
secretary of state to be inaccessi ble on election day, shall 50
be allowed to return their absentee ballots cast by use of 51
facsimile transmission or under a program approved by the 52
Department of Defense for electronic transmission of 53
election materials. 54
3. In cases of an emergency d eclared by the President 55
of the United States or the governor of this state where the 56
conduct of an election may be affected, the secretary of 57
state may provide for the delivery and return of absentee 58
ballots by use of a facsimile transmission device o r 59
system. Any rule promulgated pursuant to this subsection 60
shall apply to a class or classes of voters as provided for 61
by the secretary of state. 62 SB 654 13
4. No election authority shall refuse to accept and 63
process any otherwise valid marked absentee bal lot submitted 64
in any manner by a covered voter solely on the basis of 65
restrictions on envelope type. 66
[115.302. 1. Any registered voter of this 1
state may cast a mail -in ballot as provided in 2
this section. Nothing in this section sh all 3
prevent a voter from casting an absentee ballot, 4
provided such person has not cast a ballot 5
pursuant to this section. Application for a 6
mail-in ballot may be made by the applicant in 7
person, or by United States mail, or on behalf 8
of the applicant by his or her guardian or 9
relative within the second degree of 10
consanguinity or affinity. 11
2. Each application for a mail -in ballot 12
shall be made to the election authority of the 13
jurisdiction in which the person is registered. 14
Each application shall be in writing and shall 15
state the applicant's name, address at which he 16
or she is registered, the address to which the 17
ballot is to be mailed. 18
3. All applications for mail -in ballots 19
received prior to the sixth Tuesday before an 20
election shall be stored at the office of the 21
election authority until such time as the 22
applications are processed under section 23
115.281. No application for a mail -in ballot 24
received in the office of the election authority 25
after 5:00 p.m. on the second Wednes day 26
immediately prior to the election shall be 27
accepted by any election authority. 28
4. Each application for a mail -in ballot 29
shall be signed by the applicant or, if the 30
application is made by a guardian or relative 31
under this section, the applica tion shall be 32
signed by the guardian or relative, who shall 33
note on the application his or her relationship 34
to the applicant. If an applicant, guardian, or 35
relative is blind, unable to read or write the 36
English language, or physically incapable of 37
signing the application, he or she shall sign by 38
mark that is witnessed by the signature of an 39
election official or person of his or her 40
choice. Knowingly making, delivering, or 41
mailing a fraudulent mail -in-ballot application 42
is a class one election o ffense. 43
5. Not later than the sixth Tuesday prior 44
to each election, or within fourteen days after 45
candidate names or questions are certified under 46
section 115.125, the election authority shall 47
cause to have printed and made available a 48
sufficient quantity of ballots, ballot 49
envelopes, and mailing envelopes. As soon as 50 SB 654 14
possible after a proper official calls a special 51
state or county election, the election authority 52
shall cause to have printed and made available a 53
sufficient quantity of mail -in ballots, ballot 54
envelopes, and mailing envelopes. 55
6. Each ballot envelope shall bear a 56
statement in substantially the same form 57
described in subsection 9 of this section. In 58
addition, any person providing assistance to the 59
mail-in voter shall include a signature on the 60
envelope identifying the person providing such 61
assistance under penalties of perjury. Persons 62
authorized to vote only for federal and 63
statewide offices shall also state their former 64
Missouri residence. 65
7. The statement for persons voting mail - 66
in ballots who are registered voters shall be in 67
substantially the following form: 68
69 State of Missouri
70 County (City) of _________
71
72
73
74
75
76
77
78
79
80
81
82
83
84
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; all of the information on this
statement is, to the best of my knowledge
and belief, true.
85 __________________ __________________
86 Signature of Voter Signature of Person
87 Assisting Voter
88 (if applicable)
89
90
Subscribed and sworn to before me this
_________ day of _________ , _________ .
91 __________________
92
93
Signature of notary or other officer
authorized to administer oaths.
94 ______________
95 ______________
96 Mailing addresses SB 654 15
8. Upon receipt of a signed application 98
for a mail-in ballot and if satisfied that the 99
applicant is entitled to vote by mail -in ballot, 100
the election authority shall, within three 101
working days after receiving the application, 102
or, if mail-in ballots are not available at the 103
time the application is received, within five 104
working days after such ballots become 105
available, deliver to the voter a mail -in 106
ballot, ballot envelope and such instructions as 107
are necessary for the applicant to vote. If the 108
election authority is not satisfied that any 109
applicant is entitled to vote by mail -in ballot, 110
the authority shall not deliver a mail -in ballot 111
to the applicant. Within three working days of 112
receiving such an application, the election 113
authority shall notify the applicant and state 114
the reason he or she is not entitled to vote by 115
mail-in ballot. The applicant may file a 116
complaint with the elections division of the 117
secretary of state's office under section 118
115.219. 119
9. On the mailing and ballot envelopes for 120
each covered voter, the election authority shall 121
stamp the words "ELECTION BALLOT, STATE OF 122
MISSOURI" and "U.S. Postage Paid, 39 U.S.C . 123
Section 3406". 124
10. No information which encourages a vote 125
for or against a candidate or issue shall be 126
provided to any voter with a mail -in ballot. 127
11. Upon receiving a mail -in ballot by 128
mail, the voter shall mark the ballot in secret, 129
place the ballot in the ballot envelope, seal 130
the envelope and fill out the statement on the 131
ballot envelope. The statement required under 132
subsection 7 of this section shall be subscribed 133
and sworn to before a notary public or other 134
officer authorized by law to administer oaths. 135
If the voter is blind, unable to read or write 136
the English language, or physically incapable of 137
voting the ballot, the voter may be assisted by 138
a person of the voter's own choosing. Any 139
person who assists a voter and in any manner 140
coerces or initiates a request or suggestion 141
that the voter vote for or against, or refrain 142
from voting on, any question or candidate, shall 143
be guilty of a class one election offense. If, 144
upon counting, challenge, or election contest, 145
it is ascertained that any mail -in ballot was 146
voted with unlawful assistance, the ballot shall 147
be rejected. 148
12. Each mail-in ballot shall be returned 149
to the election authority in the ballot envelope 150
97 (if different) SB 654 16
and shall only be returned by the voter by 151
United States mail. 152
13. The secretary of state may prescribe 153
uniform regulations with respect to the printing 154
of ballot envelopes and mailing envelopes, which 155
shall comply with standards established by 156
federal law or postal regulations. Mailing 157
envelopes for use in returning ballots shall be 158
printed with business reply permits so that any 159
ballot returned by mail does not require 160
postage. All fees and costs for establishing 161
and maintaining the business reply and postage - 162
free mail for all ballots cast shall be paid by 163
the secretary of state through state 164
appropriations. 165
14. All votes on each mail -in ballot 166
received by an election authority at or before 167
the time fixed by law for the closing of the 168
polls on election day shall be counted. No 169
votes on any mail-in ballot received by an 170
election authority after the time fixed by law 171
for the closing of the polls on election day 172
shall be counted. 173
15. If sufficient evidence is shown to an 174
election authority that any mail -in voter has 175
died prior to the opening of the polls on 176
election day, the ballot of the deceased voter 177
shall be rejected if it is still sealed in the 178
ballot envelope. Any such rejected ballot, 179
still sealed in its ballot envelope, shall be 180
sealed with the applicati on and any other papers 181
connected therewith in an envelope marked 182
"Rejected ballot of _________ , a mail -in voter 183
of _________ voting district". The reason for 184
rejection shall be noted on the envelope, which 185
shall be kept by the election authority w ith the 186
other ballots from the election until the 187
ballots are destroyed according to law. 188
16. As each mail-in ballot is received by 189
the election authority, the election authority 190
shall indicate its receipt on the list. 191
17. All mail-in ballot envelopes received 192
by the election authority shall be kept together 193
in a safe place and shall not be opened except 194
as provided under this chapter. 195
18. Mail-in ballots shall be counted using 196
the procedures set out in sections 115.297, 197
115.299, 115.300, and 115.303. 198
19. The false execution of a mail -in 199
ballot is a class one election offense. The 200
attorney general or any prosecuting or circuit 201
attorney shall have the authority to prosecute 202
such offense either in the county of residence 203
of the person or in the circuit court of Cole 204
County. 205
20. The provisions of this section shall 206
apply only to an election that occurs during the 207 SB 654 17
year 2020, to avoid the risk of contracting or 208
transmitting severe acute respiratory syndrome 209
coronavirus 2. 210
21. The provisions of this section 211
terminate and shall be repealed on December 31, 212
2020, and shall not apply to any election 213
conducted after that date. ] 214