4383S.05C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 654
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 -eight new
sections relating to elections, with penalty
provisions.
Be it enacted by the General Assembly of the State of Missouri, a s follows:
Section A. 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, are
repealed and thirty-eight new sections enacted in lieu thereof,
to be known as sections 28.960, 115.004, 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, 115.286,
115.287, 115.291, 11 5.302, 115.349, 115.351, 115.417, 115.427,
115.435, 115.447, 115.652, 115.902, 115.904, and 115.960, to
read as follows:
28.960. 1. The secretary of state shall have the
authority to, at his or her discretion, audit the list of
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registered voters for any local election authority to ensure
accuracy.
2. Any audit conducted by the secretary of state
shall, at least quarterly, determine whether the local
election authority has performed the following voter
registration list maintenance activi ties, as required by law:
(1) Sending verification notices in accordance with
section 115.155; and
(2) Registering voters and removing names from the
voter registration system in accordance with section
115.158.
3. After completing the audit, the secretary of state
shall notify the local election authority in writing of any
maintenance updates that are required and shall advise the
local election authority they have ninety days to make
required updates. If, after ninety days, the secretary of
state determines that the local election authority has not
performed the required maintenance of voter registration
lists as required by law, the secretary of state's office
may withhold funds from the local election authority.
115.004. The sections of this chapter and all related
rules and regulations shall not be amended or modified in
any manner in the twenty -six weeks preceding any
presidential election.
115.013. As used in this chapter, unless the c ontext
clearly implies otherwise, the following terms mean:
(1) "Air-gap" or "air-gapped", a security measure in
which equipment is physically and technically isolated from
any network and is not directly connected to the internet
nor is it connected to any other system that is connected to
the internet. Data can only be passed to an air -gapped
device physically via a USB or other removable media;
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(2) "Automatic tabulating equipment", the apparatus
necessary to examine and automatically count votes, and the
data processing machines which are used for counting votes
and tabulating results and which are air-gapped and not
physically able to be connected to a network ;
[(2)] (3) "Ballot", the [ballot card,] paper ballot,
or ballot designed for use with an electronic voting system
on which each voter may cast all votes to which he or she is
entitled at an election;
[(3)"Ballot card", a ballot which is voted by making a
mark which can be tabulated by automatic tabulating
equipment; ]
(4) "Ballot label", the card, paper, booklet, page, or
other material containing the names of all offices and
candidates and statements of all questions to be voted on;
(5) "Counting location", a location selected by the
election authority for the automatic processing or counting,
or both, of ballots;
(6) "County", any county in this state or any city not
within a county;
(7) "Disqualified", a determination made by a court of
competent jurisdiction, the Missouri ethics commission, an
election authority or any other body authorized by law to
make such a determination that a candidate is ineligible to
hold office or not entitled to be voted on for office;
(8) "District", an area within the state or within a
political subdivision of the state from which a person is
elected to represent the area on a policy -making body with
representatives of other areas in the state or political
subdivision;
(9) "Electronic voting machine", any part of an air-
gapped electronic voting system on which a voter is able to
cast a ballot under this chapter;
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(10) "Electronic voting system", a system of casting
votes by use of marking devices, and counting votes by use
of automatic air-gapped tabulating or air-gapped data
processing equipment, including computerized voting systems
that mark or tabulate ballots ;
(11) "Established political party" for the state, a
political party which, at either of the last two general
elections, polled for its candidate for any statewide office
more than two percent of the entire vote cast for the
office. "Established political party" for any district or
political subdivision shall mean a political party which
polled more than two percent of the entire vote cast at
either of the last two elections in which the district or
political subdivision voted as a unit for the election of
officers or representatives to serve its area;
(12) "Federal office", the office of presidential
elector, United States senator, or represe ntative in
Congress;
(13) "Independent", a candidate who is not a candidate
of any political party and who is running for an office for
which political party candidates may run;
(14) "Major political party", the political party
whose candidates received the highest or second highest
number of votes at the last general election;
(15) "Marking device", any [approved] device approved
by the secretary of state under section 115.225 which will
enable the votes to be counted by automatic tabulating
equipment;
(16) "Municipal" or "municipality", a city, village,
or incorporated town of this state;
(17) "New party", any political group which has filed
a valid petition and is entitled to place its list of
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candidates on the bal lot at the next general or special
election;
(18) "Nonpartisan", a candidate who is not a candidate
of any political party and who is running for an office for
which party candidates may not run;
(19) "Political party", any established polit ical
party and any new party;
(20) "Political subdivision", a county, city, town,
village, or township of a township organization county;
(21) "Polling place", the voting place designated for
all voters residing in one or more precincts for any
election;
(22) "Precincts", the geographical areas into which
the election authority divides its jurisdiction for the
purpose of conducting elections;
(23) "Public office", any office established by
constitution, statute or charter and any employment under
the United States, the state of Missouri, or any political
subdivision or special district thereof, but does not
include any office in the Missouri state defense force or
the National Guard or the office of notary public or city
attorney in cities of the third classification or cities of
the fourth classification;
(24) "Question", any measure on the ballot which can
be voted "YES" or "NO";
(25) "Relative within the second degree by
consanguinity or affinity", a spous e, parent, child,
grandparent, brother, sister, grandchild, mother -in-law,
father-in-law, daughter-in-law, or son-in-law;
(26) "Special district", any school district, water
district, fire protection district, hospital district,
health center, nursing district, or other districts with
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taxing authority, or other district formed pursuant to the
laws of Missouri to provide limited, specific services;
(27) "Special election", elections called by any
school district, water district, fire prote ction district,
or other district formed pursuant to the laws of Missouri to
provide limited, specific services; and
(28) "Voting district", the one or more precincts
within which all voters vote at a single polling place for
any election.
115.031. Each election commissioner shall be a
registered voter and a resident of the jurisdiction for
which he or she is appointed [for at least one year
preceding his appointment ]. During his term of office, no
commissioner shall h old any statutory position within a
political party or on a political committee, be a candidate
for political office or hold any other public office.
115.045. Each election authority shall have the
authority to employ such attorneys and other employees as
may be necessary to promptly and correctly perform the
duties of the election authority. Where an electronic
voting system or voting machines are used, the election
authority shall designate competent employees to have
custody of and supervise maintenance of the voting
equipment. Board of election commissioners' employees shall
be subject to the same restrictions and subscribe the same
oath as members of the board of election commissioners,
except that no employee of a board o f election commissioners
shall be required to post bond or reside and be a registered
voter within the jurisdiction of the election authority
unless directed to do so by the board. Employee oaths and
any bonds shall be filed and preserved in the offic e of the
board.
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115.051. 1. In each county which does not have a
board of election commissioners, the county clerk shall have
the right to employ such deputies and assistants as are
necessary to promptly and correctly register voters and
conduct elections. Where an electronic voting system or
voting machines are used, the county clerk shall designate
competent employees to have custody of and supervise
maintenance of the voting equipment. Each deputy shall be
subject to the same restrictions and subscribe the same oath
as the county clerk, except that no employee shall be
required to post bond or reside and be a registered voter
within the jurisdiction of the election authority unless
directed to do so by the clerk. Employee oaths and any
bonds shall be filed and preserved in the office of the
county clerk.
2. Within the total amount for deputies and assistants
approved by the county commission, the salary of each deputy
and assistant shall be set by the county cler k.
115.081. 1. Each election authority shall appoint
election judges for each polling place within its
jurisdiction in accordance with the provisions of this
section.
2. In all primary and general elections, the election
authority shall appoint at least two judges from each major
political party to serve at each polling place. The
committee of each major political party within the
jurisdiction of an election authority is authorized to
provide the election authority with a li st of election judge
candidates who meet the requirements under section 115.085.
The candidates shall not be required to reside within the
jurisdiction of the election authority, as authorized under
section 115.085. If a committee of a major politica l party
within the jurisdiction of an election authority fails to
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provide the prescribed number of qualified names to fill all
election judge positions before the date established by the
election authority, the election authority may select judges
to fill the positions as provided by law. If the election
authority determines that a name submitted by a committee of
a major political party is not qualified to serve as an
election judge, the election authority shall allow the party
to submit another name before filling the position as
provided by law. No major political party shall have a
majority of the judges at any polling place. No established
party shall have a greater number of judges at any polling
place than any major political party.
3. In any election that is not a primary or general
election, the election authority shall appoint at least one
judge from each major political party to serve at each
polling place. No major political party shall have a
majority of the judges at a ny polling place. No established
party shall have a greater number of judges at any polling
place than any major political party.
4. The election authority shall designate two of the
judges appointed for each polling place, one from each major
political party, as supervisory judges. Supervisory judges
shall be responsible for the return of election supplies
from the polling place to the election authority and shall
have any additional duties prescribed by the election
authority.
5. Election judges may be employed to serve for the
first half or last half of any election day. Such judges
shall be paid one-half the regular rate of pay. If part-
time judges are employed, the election authority shall
employ such judges and shall see tha t a sufficient number
for each period are present at all times so as to have the
proper total number of judges present at each polling place
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throughout each election day. The election authority shall
require that at each polling place at least one ele ction
judge from each political party serve a full day and that at
all times during the day there be an equal number of
election judges from each political party.
6. An election authority may appoint additional
election judges representing other established political
parties and additional election judges who do not claim a
political affiliation. Any question which requires a
decision by the majority of judges shall only be made by the
judges from the major political parties.
115.085. No person shall be appointed to serve as an
election judge who is not a registered voter in this state [;
provided that, before any election authority may appoint
judges who are registered voters of another election
authority's jurisdiction, t he election authority shall
obtain the written consent of the election authority for the
jurisdiction where the prospective judges are registered to
vote]. Each election judge shall be a person of good repute
and character who can speak, read, and wri te the English
language. No person shall serve as an election judge at any
polling place in which his or her name or the name of a
relative within the second degree, by consanguinity or
affinity, appears on the ballot. However, no relative of
any unopposed candidate shall be disqualified from serving
as an election judge in any election jurisdiction of the
state. No election judge shall, during his or her term of
office, hold any other elective public office, other than as
a member of a politica l party committee or township office,
except any person who is elected to a board or commission of
a political subdivision or special district may serve as an
election judge except at a polling place where such
political subdivision or special district has an issue or
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candidate on the ballot. In any county having a population
of less than two hundred fifty thousand inhabitants, any
candidate for the county committee of a political party who
is not a candidate for any other office and who is unoppos ed
for election as a member of the committee shall not be
disqualified from serving as an election judge.
115.105. 1. The chair of the county committee of each
political party named on the ballot shall have the right to
designate a challenger for each polling place, who may be
present until all ballots are cast on the day of election,
and a challenger for each location at which absentee ballots
are counted, who may be present while the ballots are being
prepared for counting and co unted. No later than four
business days before the election, the chair of each county
committee of each political party named on the ballot shall
provide signed official designation forms with the names of
the designated challengers and substitutes to the local
election authority for confirmation of eligibility to serve
as a challenger. The local election authority, after
verifying the eligibility of each designated and substitute
challenger, shall sign off on the official designation
forms, unless the challenger is found not to have the
qualifications established by subsection 5 of this section.
If the election authority determines that a challenger does
not meet the qualifications of subsection 5 of this section,
the designating party chair may designate a replacement
challenger and provide the local election authority with the
name of the replacement challenger before 5:00 p.m. of the
Monday preceding the election. The designating chair may
substitute challengers at his or her discreti on during such
hours.
2. Challenges may only be made when the challenger
believes the election laws of this state have been or will
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be violated, and each challenger shall report any such
belief to the election judges, or to the election authority
if not satisfied with the decision of the election judges.
3. Prior to the close of the polls, challengers may
list and give out the names of those who have voted. The
listing and giving out of names of those who have voted by a
challenger shall not be considered giving information
tending to show the state of the count.
4. [In a presidential primary election, challengers
may collect information about the party ballot selected by
the voter and may disclose party affiliation information
after the polls close.
5.] All persons selected as challengers shall have the
same qualifications required by section 115.085 for election
judges, except that such challenger shall be a registered
voter in the jurisdiction of the election authori ty for
which the challenger is designated as a challenger.
[6.] 5. Any challenge by a challenger to a voter's
identification for validity shall be made only to the
election judges or other election authority. If the poll
challenger is not satisf ied with the decision of the
election judges, then he or she may report his or her belief
that the election laws of this state have been or will be
violated to the election authority as allowed under this
section.
115.123. 1. All public elections shall be held on
Tuesday. Except as provided in subsections 2 and 3 of this
section, and section 247.180, all public elections shall be
held on the general election day, the primary election day,
the general municipal election day, the fi rst Tuesday after
the first Monday in November, or on another day expressly
provided by city or county charter, and in nonprimary years
on the first Tuesday after the first Monday in August. Bond
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elections may be held on the first Tuesday after the fi rst
Monday in February but no other issue shall be included on
the ballot for such election.
2. [Notwithstanding the provisions of subsection 1 of
this section, an election for a presidential primary held
pursuant to sections 115.755 to 115.785 s hall be held on the
second Tuesday after the first Monday in March of each
presidential election year.
3.] The following elections shall be exempt from the
provisions of subsection 1 of this section:
(1) Bond elections necessitated by fire, vandalism or
natural disaster;
(2) Elections for which ownership of real property is
required by law for voting;
(3) Special elections to fill vacancies and to decide
tie votes or election contests; and
(4) Tax elections necessitated b y a financial hardship
due to a five percent or greater decline in per -pupil state
revenue to a school district from the previous year.
[4.] 3. Nothing in this section prohibits a charter
city or county from having its primary election in March if
the charter provided for a March primary before August 28,
1999.
[5.] 4. Nothing in this section shall prohibit
elections held pursuant to section 65.600, but no other
issues shall be on the March ballot except pursuant to this
chapter.
115.135. 1. Any person who is qualified to vote, or
who shall become qualified to vote on or before the day of
election, shall be entitled to register in the jurisdiction
within which he or she resides. In order to vote in any
election for which registration is required, a person must
be registered to vote in the [jurisdiction of his or her
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residence] state of Missouri no later than 5:00 p.m., or the
normal closing time of any public building where the
registration is being held if such time is later than 5:00
p.m., on the fourth Wednesday prior to the election, unless
the voter is an interstate former resident, [an intrastate
new resident,] a new resident, or a covered voter, as
defined in section 115.275. [Except as provided in
subsection 4 of this section, in no case shall registration
for an election extend beyond 10:00 p.m. on the fourth
Wednesday prior to the election. ] Any person registering
after such date shall be eligible to vote in subsequent
elections.
2. A person applying to register with an election
authority or a deputy registration official shall identify
himself or herself by presenting a copy of a birth
certificate, a Native American tribal document, other proof
of United States citizenship, a valid Missouri drivers
license or other form of personal identification at the time
of registration.
3. Except as provided in federal law or federal
elections and in section 115.277, no person shall be
entitled to vote if the person has not regis tered to vote in
the jurisdiction of his or her residence [prior to the
deadline to register to vote ].
4. A covered voter as defined in section 115.275 who
has been discharged from military service, has returned from
a military deployment or acti vation, or has separated from
employment outside the territorial limits of the United
States after the deadline to register to vote, and who is
otherwise qualified to register to vote, may register to
vote in an election in person before the election a uthority
until 5:00 p.m. on the Friday before such election. Such
persons shall produce sufficient documentation showing
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evidence of qualifying for late registration pursuant to
this section.
115.151. 1. Each qualified applicant who appears
before the election authority shall be deemed registered as
of the time the applicant's completed, signed and sworn
registration application is witnessed by the election
authority or deputy registration official.
2. Each applicant who reg isters by mail shall be
deemed to be registered as of the date the application is
postmarked, if such application is accepted and not rejected
by the election authority and the verification notice
required pursuant to section 115.155 is not returned as
undeliverable by the postal service.
3. Each applicant who registers at a voter
registration agency or the division of motor vehicle and
drivers licensing of the department of revenue shall be
deemed to be registered as of the date the applicati on is
signed by the applicant, if such application is accepted and
not rejected by the election authority and the verification
notice required pursuant to section 115.155 is not returned
as undeliverable by the postal service. Voter registration
agencies [and the division of motor vehicle and drivers
licensing of the department of revenue ] shall transmit voter
registration application forms to the appropriate election
authority not later than five business days after the form
is completed by the a pplicant.
115.157. 1. The election authority may place all
information on any registration cards in computerized form
in accordance with section 115.158. No election authority
or secretary of state shall furnish to any member of the
public electronic media or printout showing any registration
information, except as provided in this section. Except as
provided in subsection 2 of this section, the election
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authority or secretary of state shall make available
electronic media or pri ntouts showing only unique voter
identification numbers, voters' names, [dates] year of
birth, addresses, townships or wards, and precincts.
Electronic data shall be maintained in at least the
following separate fields:
(1) Voter identification number;
(2) First name;
(3) Middle initial;
(4) Last name;
(5) Suffix;
(6) Street number;
(7) Street direction;
(8) Street name;
(9) Street suffix;
(10) Apartment number;
(11) City;
(12) State;
(13) Zip code;
(14) Township;
(15) Ward;
(16) Precinct;
(17) Senatorial district;
(18) Representative district;
(19) Congressional district.
2. All election authorities shall enter voter history
in their computerized registration systems and shall, not
more than [six] three months after the election, forward
such data to the Missouri voter registration system
established in section 115.158. In addition, election
authorities shall forward registration and other data in a
manner prescribed by the secretary of state to comply with
the Help America Vote Act of 2002.
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3. Except as provided in subsection 6 of this section,
the election authority shall furnish, for a fee, electronic
media or a printout showing only the names, [dates] year of
birth and addresses of voters, or any part thereof, within
the jurisdiction of the election authority who voted in any
specific election, including primary elections, by township,
ward or precinct, provided t hat nothing in this chapter
shall require such voter information to be released to the
public over the internet and shall not be used for
commercial purposes.
4. [Except as provided in subsection 6 of this
section, upon a request by a candidate, a duly authorized
representative of a campaign committee, or a political party
committee, the secretary of state shall furnish, for a fee
determined by the secretary of state and in compliance with
section 610.026, media in an electronic format or, if so
requested, in a printed format, showing the names,
addresses, and voter identification numbers of voters within
the jurisdiction of a specific election authority who
applied for an absentee ballot under section 115.279 for any
specific election inv olving a ballot measure or an office
for which the declaration of candidacy is required to be
filed with the secretary of state pursuant to section
115.353, including primary elections, by township, ward, or
precinct. Nothing in this section shall req uire such voter
information to be released to the public over the internet.
For purposes of this section, the terms "candidate",
"campaign committee", and "political party committee" shall
have the same meaning given to such terms in section 130.011.
5.] The amount of fees charged for information
provided in this section shall be established pursuant to
chapter 610. All revenues collected by the secretary of
state pursuant to this section shall be deposited in the
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state treasury and credited to the secretary of state's
technology trust fund account established pursuant to
section 28.160. [In even-numbered years, each election
authority shall, upon request, supply the voter registration
list for its jurisdiction to all candidates and part y
committees for a charge established pursuant to chapter
610. Except as provided in subsection 6 of this section,
all election authorities shall make the information
described in this section available pursuant to chapter
610. Any election authorit y who fails to comply with the
requirements of this section shall be subject to the
provisions of chapter 610.
6.] 5. Any person working as an undercover officer of
a local, state or federal law enforcement agency, persons in
witness protection p rograms, and victims of domestic
violence and abuse who have received orders of protection
pursuant to chapter 455 shall be entitled to apply to the
circuit court having jurisdiction in his or her county of
residence to have the residential address on his or her
voter registration records closed to the public if the
release of such information could endanger the safety of the
person. Any person working as an undercover agent or in a
witness protection program shall also submit a statement
from the chief executive officer of the agency under whose
direction he or she is serving. The petition to close the
residential address shall be incorporated into any petition
for protective order provided by circuit clerks pursuant to
chapter 455. If satisfied that the person filing the
petition meets the qualifications of this subsection, the
circuit court shall issue an order to the election authority
to keep the residential address of the voter a closed record
and the address may be used only for the purposes of
administering elections pursuant to this chapter. The
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election authority may require the voter who has a closed
residential address record to verify that his or her
residential address has not changed or to file a change of
address and to affirm that the reasons contained in the
original petition are still accurate prior to receiving a
ballot. A change of address within an election authority's
jurisdiction shall not require that the voter file a new
petition. Any voter who no longer qualifies pursuant to
this subsection to have his or her residential address as a
closed record shall notify the circuit court. Upon such
notification, the circuit court shall void the order closing
the residential address and so notify the election authority.
115.160. 1. All Missouri driver's license applicants
shall receive a voter registration application form as a
simultaneous part of the application for a driver's license,
renewal of driver's license, change of address, dupli cate
request and a nondriver's license.
2. If a single application form is used, the voter
registration application portion of any application
described in subsection 1 of this section may not require
any information that duplicates information r equired in the
driver's license portion of the form, except a second
signature or other information required by law.
3. After conferring with the secretary of state as the
chief state election official responsible for overseeing of
the voter registration process, the director of revenue
shall adopt rules and regulations pertaining to the format
of the voter registration application used by the
department. The director of revenue shall utilize
electronic voter registration application forms an d provide
for secure electronic transfer of voter registration
information to election authorities. The secretary of state
and the director of revenue shall ensure the confidentiality
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and integrity of the voter registration data collected,
maintained, received, or transmitted under this section.
4. No information relating to the failure of an
applicant for a driver's license or nondriver's license to
sign a voter registration application may be used for any
purpose other than voter registrati on.
5. Any voter registration application received
pursuant to the provisions of this section shall be
forwarded, in a secure and electronic manner, to the
election authority located within that county or any city
not within a county, or if there is more than one election
authority within the county, then to the election authority
located nearest to the location where the driver's license
application was received. Voter registration information,
including an electronic image of the signature of the
applicant, shall be transmitted in a format compatible with
the Missouri voter registration system established in
section 115.158 that allows for review by the election
authority and does not require the election authority to
manually reenter the information, provided that the election
authority shall print out a paper copy of the information
and retain such information in the manner required by
section 115.145. The election authority receiving the
application forms shall review the applica tions and forward,
in a secure and electronic manner, any applications
pertaining to a different election authority to that
election authority.
6. A completed voter registration application accepted
in the driver's licensing process shall be tran smitted to
the election authority described in subsection 5 of this
section not later than [five] three business days after the
form is completed by the applicant.
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7. Any person registering to vote when applying for or
renewing a Missouri driver' s license shall submit with the
application form a copy of a birth certificate, a Native
American tribal document, or other proof of United States
citizenship, a valid Missouri driver's license, or other
form of personal identification. Any person who, at the
time of a transaction with the division of motor vehicle and
driver licensing of the department of revenue, provides a
document that establishes noncitizenship shall not be
offered the opportunity to register to vote as part of the
transaction.
115.165. 1. If the voter files a change of address
application in person at the office of the election
authority, at the polling place, or pursuant to section
115.159, 115.160, 115.162 or 115.193, or otherwise provides
signed written notice of the move, including notice by
facsimile, electronic, or online transmission, an election
authority may change the address on a voter registration
record for a voter who moves within the election authority's
jurisdiction after comparing and verifying the signature.
Before changing the address on a voter record, the election
authority shall be satisfied that the record is that of the
person providing the change of address information.
2. A registered voter who has changed his or her
residence within an election authority's jurisdiction and
has not been removed from the list of registered voters
pursuant to this chapter shall be permitted to file a change
of address with the election authority or before an election
judge at a polling place and vote at a central polling place
or at the polling place that serves his or her new address
upon written or oral affirmation by the voter of the new
address.
21
3. A registered voter who has changed his or her
residence within the stat e and has not been removed from the
list of registered voters under this chapter shall be
permitted to file a change of address in person at the
office of the election authority on election day. In order
to change an address in person on election day under this
subsection, a registered voter shall provide a form of
personal photo identification required under subsection 1 of
section 115.427.
4. If the applicant for registration was last
registered in another jurisdiction within this state or
another state, the election authority shall send notice of
the registration to the election authority where the
applicant was previously registered. The election authority
sending the notice shall provide identifying information to
assist the election authority receiving the notice to
determine whether the person named was previously registered
in such jurisdiction and whether, based on the identifying
information provided, the application can be removed from
the voting record in the former jurisd iction.
[4.] 5. Upon receipt of a notice from another election
authority that a voter has registered in another
jurisdiction in this state or another state, the election
authority shall determine whether sufficient information is
provided in the notice to identify the person named in such
notice as previously registered in the election authority's
jurisdiction and presently removable from the voting records
in the election authority's jurisdiction. Every election
authority is authorized to ex amine the information provided
in a notice of duplicate registration provided by the
Missouri voter registration system authorized pursuant to
section 115.158 to determine if a voter in one election
authority's voter registration records has subsequent ly
22
registered in another jurisdiction. If, after reviewing the
information provided, the election authority is satisfied
that the person identified in the notice is listed as a
registered voter in the election authority's jurisdiction
but has subsequently registered in another jurisdiction, the
election authority may remove the person's registration from
the list of registered voters.
115.205. 1. [Any] No person [who is] shall be paid or
otherwise compensated for soliciting [more than ten] voter
registration applications, other than a governmental entity
or a person who is paid or compensated by a governmental
entity for such solicitation [, shall be registered with the
secretary of state as a voter registration solicitor ]. A
voter registration solicitor who solicits more than ten
voter registration applications shall register for every
election cycle that begins on the day after the general
election and ends on the day of the general election two
years later. A voter registration solicitor shall be at
least eighteen years of age and shall be a registered voter
in the state of Missouri.
2. Each voter registration solicitor shall provide the
following information in writing to the secretary of state's
office:
(1) The name of the voter registration solicitor;
(2) The residential address, including street number,
city, state, and zip code;
(3) The mailing address, if different from the
residential address; and
(4) [Whether the voter registrat ion solicitor expects
to be paid for soliciting voter registrations;
(5) If the voter registration solicitor expects to be
paid, the identity of the payor; or
(6)] The signature of the voter registration solicitor.
23
3. The solicitor information required in subsection 2
of this section shall be submitted to the secretary of
state's office with the following oath and affirmation:
"I HEREBY SWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT
ALL STATEMENTS MADE BY ME ARE TRUE AND CORRECT. ".
4. Any voter registration solicitor who knowingly
fails to register with the secretary of state is guilty of a
class three election offense. Voter registration
applications shall be accepted by the election authority if
such applications are otherwise valid, even if the voter
registration solicitor who procured the applications fails
to register with or submits false information to the
secretary of state.
115.225. 1. Before use by election authorities in
this state, the secretary of state shall approve the marking
devices and the automatic tabulating equipment used in
electronic voting systems and may promulgate rules and
regulations to implement the intent of sections 115.225 to
115.235.
2. No electronic voting system shall be approved
unless it:
(1) Permits voting in absolute secrecy;
(2) Permits each voter to vote for as many candidates
for each office as a voter is lawfully entitled to vote for;
(3) Permits each voter to vote for or against as many
questions as a voter is lawfully entitled to vote on, and no
more;
(4) Provides facilities for each voter to cast as many
write-in votes for each office as a voter is lawfully
entitled to cast;
(5) Permits each voter in a primary e lection to vote
for the candidates of only one party announced by the voter
in advance;
24
(6) Permits each voter at a presidential election to
vote by use of a single mark for the candidates of one party
or group of petitioners for president, vice president and
their presidential electors;
(7) Accurately counts all proper votes cast for each
candidate and for and against each question;
(8) Is set to reject all votes, except write -in votes,
for any office and on any question when the n umber of votes
exceeds the number a voter is lawfully entitled to cast;
(9) Permits each voter, while voting, to clearly see
the ballot label;
(10) Has been tested and is certified by an
independent authority that meets the voting system sta ndards
developed by the Federal Election Commission or its
successor agency. The provisions of this subdivision shall
not be required for any system purchased prior to August 28,
2002.
3. The secretary of state shall promulgate rules and
regulations to allow the use of a computerized voting
system. The procedures shall provide for the use of a
computerized voting system with the ability to provide a
paper audit trail. Notwithstanding any provisions of this
chapter to the contrary, such a s ystem may allow for the
storage of processed ballot materials in an electronic form.
4. Any rule or portion of a rule, as that term is
defined in section 536.010, that is created under the
authority delegated in this section shall become effective
only if it complies with and is subject to all of the
provisions of chapter 536 and, if applicable, section
536.028. This section and chapter 536 are nonseverable and
if any of the powers vested with the general assembly
pursuant to chapter 536 to r eview, to delay the effective
date or to disapprove and annul a rule are subsequently held
25
unconstitutional, then the grant of rulemaking authority and
any rule proposed or adopted after August 28, 2002, shall be
invalid and void.
5. If any election authority uses any touchscreen
direct-recording electronic vote -counting machine, the
election authority may continue to use such machine. Upon
the removal of such voting machine from the election
authority's inventory because of mechanical malfunc tion,
wear and tear, or any other reason, the machine shall not be
replaced and no additional direct -recording electronic
voting machine shall be added to the election authority's
inventory. Such machines shall not be used beginning
January 1, 2024.
6. The secretary of state shall have authority to
require cyber security testing, including penetration
testing, of vendor machines, programs, and systems. Failure
to participate in such testing shall result in a revocation
of vendor certificati on. Upon notice from another
jurisdiction of cyber security failures or certification
withholds or revocation, the secretary of state shall have
authority to revoke or withhold certification for vendors.
The requirements of this section shall be subj ect to
appropriation for the purpose of cyber security testing.
7. All election authorities and the secretary of state
shall be members of the Elections Infrastructure Information
Sharing and Analysis Center (EI -ISAC). If the EI-ISAC
ceases to exist, the secretary of state may designate a new
organization of which each election authority shall be a
member, provided such organization shall have substantially
the same purpose and mission as the EI -ISAC.
115.237. 1. Each ballot printed or designed for use
with an electronic voting system for any election pursuant
to this chapter shall contain all questions and the names of
26
all offices and candidates certified or filed pursuant to
this chapter and no other. Beginning January 1, 2024, the
official ballot shall be a paper ballot that is hand marked
by the voter or by a paper ballot marking device as
authorized under section 115.225. As far as practicable,
all questions and the names of all offices and candidates
for which each voter is entitled to vote shall be printed on
one page except for the ballot for political party committee
persons in polling places not utilizing an electronic voting
system which may be printed separately and in conformity
with the requirements contained in this section. As far as
practicable, ballots containing only questions and the names
of nonpartisan offices and candidates shall be printed in
accordance with the provisions of this section, except that
the ballot information may be liste d in vertical or
horizontal rows. The names of candidates for each office
shall be listed in the order in which they are filed.
2. In polling places using electronic voting systems,
the ballot information may be arranged in vertical or
horizontal rows or on a number of separate pages or
screens. In any event, the name of each candidate, the
candidate's party, the office for which he or she is a
candidate, and each question shall be indicated clearly on
the ballot.
3. Nothing in this subchapter shall be construed as
prohibiting the use of a separate paper ballot for questions
[or for the presidential preference primary ] in any polling
place using an electronic voting system.
4. Where electronic voting systems are used and when
write-in votes are authorized by law, a write -in ballot,
which may be in the form of a separate paper ballot, card,
or envelope, may be provided by the election authority to
27
permit each voter to write in the names of persons whose
names do not appear o n the ballot.
5. No ballot printed or designed for use with an
electronic voting system for any partisan election held
under this chapter shall allow a person to vote a straight
political party ticket. For purposes of this subsection, a
"straight political party ticket" means voting for all of
the candidates for elective office who are on the ballot
representing a single political party by a single selection
on the ballot.
6. The secretary of state shall promulgate rules that
specify uniform standards for ballot layout for each
electronic or computerized ballot counting system approved
under the provisions of section 115.225 so that the ballot
used with any counting system is, where possible, consistent
with the intent of this sectio n. Nothing in this section
shall be construed to require the format specified in this
section if it does not meet the requirements of the ballot
counting system used by the election authority.
7. Any rule or portion of a rule, as that term is
defined in section 536.010, that is created under the
authority delegated in this section shall become effective
only if it complies with and is subject to all of the
provisions of chapter 536 and, if applicable, section
536.028. This section and chapte r 536 are nonseverable and
if any of the powers vested with the general assembly
pursuant to chapter 536 to review, to delay the effective
date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking autho rity and
any rule proposed or adopted after August 28, 2002, shall be
invalid and void.
115.257. 1. In jurisdictions where electronic voting
machines are used, the election authority shall cause the
28
voting machines to be put in order, set, adjusted and made
ready for voting before they are delivered to polling places.
2. At least five days before preparing electronic
voting machines for any election, notice of the time and
place of such preparation shall be mailed to each
independent candidate and the chairman of the county
committee of each established political party named on the
ballot. The preparation shall be watched by two observers
designated by the election authority, one from each major
political party, and shall be open to representatives of the
political parties, candidates, the news media and the public.
3. When an electronic voting machine has been examined
by such observers and shown to be in good working order, the
machine shall be locked against vo ting. The observers shall
certify the vote count on each machine is set at zero.
4. After an electronic voting machine has been
properly prepared and locked, its keys shall be retained by
the election authority and delivered to the election judge s
along with the other election supplies.
5. For the purpose of processing absentee ballots,
cast by voters in person in the office of the election
authority that is deemed designated as a polling place , the
election authority may cause voting ma chines, if used, to be
put in order, set, adjusted, tested, and made ready for
voting within one business day of the printing of absentee
ballots as provided in section 115.281. The election
authority shall have the recording counter except for the
protective counter on the voting machine set to zero (000).
After the voting machines have been made ready for voting,
the election authority shall not permit any person to handle
any voting machine, except voters while they are voting and
others expressly authorized by the election authority. The
election authority shall neither be nor permit any other
29
person to be in any position or near any position that
enables the authority or person to see how any absentee
voter votes or has voted.
6. Nothing in this section shall prohibit the on -site
storage of electronic voting machines and the preparation of
the electronic machines for voting, provided the electronic
voting machines are put in order, set, adjusted and made
ready for voting as prov ided in subsections 1, 2, 3, 4, and
5 of this section.
115.275. As used in sections 115.275 to 115.304,
unless the context clearly indicates otherwise, the
following terms shall mean:
(1) "Absentee ballot", any [of the ballots] ballot a
person is authorized to cast [away from a polling place ] in
the office of the election authority, by mail, or at another
authorized location designated by the election authority
pursuant to the provisions of sections 115.275 to 115.304;
(2) "Covered voter":
(a) A uniformed services voter who is registered to
vote in this state;
(b) A uniformed services voter defined in this section
whose voting residence is in this state and who otherwise
satisfies this state's voter eligibil ity requirements;
(c) An overseas voter;
(d) Civilian employees of the United States government
working outside the boundaries of the United States, and
their spouses and dependents;
(e) Active members of religious or welfare
organizations assisting servicemen, and their spouses and
dependents; or
(f) Persons who have been honorably discharged from
the Armed Forces, including the Space Force, or who have
terminated their service or employment in any group
30
mentioned in this sec tion within sixty days of an election,
and their spouses and dependents;
(3) "Interstate former resident", a former resident
and registered voter in this state who moves from Missouri
to another state after the deadline to register to vote in
any presidential election in the new state and who otherwise
possesses the qualifications to register and vote in such
state;
(4) ["Intrastate new resident", a registered voter of
this state who moves from one election authority's
jurisdiction in the state to another election authority's
jurisdiction in the state after the last day authorized in
this chapter to register to vote in an election and
otherwise possesses the qualifications to vote;
(5)] "New resident", a person who moves to this state
after the last date authorized in this chapter to register
to vote in any presidential election;
[(6)] (5) "Overseas voter":
(a) A person who resides outside the United States and
is qualified to vote in the last place in which the per son
was domiciled before leaving the United States; or
(b) A person who resides outside the United States
and, but for such residence, would be qualified to vote in
the last place in which the person was domiciled before
leaving the United States ;
[(7)] (6) "Uniformed services":
(a) Active and reserve components of the Army, Navy,
Air Force, Marine Corps, Space Force, or Coast Guard of the
United States;
(b) The Merchant Marine, the commissioned corps of the
Public Health Service, or the commissioned corps of the
National Oceanic and Atmospheric Administration of the
United States; or
31
(c) The Missouri National Guard;
[(8)] (7) "Uniformed services voter", an individual
who is qualified to vote and is:
(a) A member of the active or reserve components of
the Army, Navy, Air Force, Marine Corps, Space Force, or
Coast Guard of the United States who is on active duty;
(b) A member of the Merchant Marine, the commissioned
corps of the Public Health Service , or the commissioned
corps of the National Oceanic and Atmospheric Administration
of the United States;
(c) A member on activated status of the National
Guard; or
(d) A spouse or dependent of a member referred to in
this subdivision;
[(9)] (8) "United States", used in the territorial
sense, the several states, the District of Columbia, Puerto
Rico, the United States Virgin Islands, and any territory or
insular possession subject to the jurisdiction of the United
States.
115.277. 1. Any registered voter of this state may
cast an absentee ballot in person at a location designated
by the election authority for all candidates and issues for
which such voter is eligible to vote at the polling place.
Any registered voter casting a ballot under the provisions
of this subsection shall provide a form of personal photo
identification that is consistent with subsection 1 of
section 115.427.
2. Except as provided in subsections [2, 3,] 4, [and]
5, and 6 of this section, any registered voter of this state
may [vote by] cast an absentee ballot for all candidates and
issues for which such voter would be eligible to vote at the
polling place if such voter expects to be prevented from
going to the polls to vote on election day [due to:]. Any
32
absentee ballot that is not requested and completed in
person at the office of the election authority with a form
of personal photo identification that is consistent with
subsection 1 of section 115.427 shall have the stat ement on
the ballot envelope notarized as required under section
115.283, except that absentee ballots requested under
subdivisions (2) and (5) of subsection 3 of this section
shall not require notarization. This subsection shall apply
only in the case of absentee ballots that are not cast in
person.
3. A voter may request an absentee ballot for any of
the following reasons:
(1) Absence on election day from the jurisdiction of
the election authority in which such voter is registered to
vote;
(2) Incapacity or confinement due to illness or
physical disability on election day, including a person who
is primarily responsible for the physical care of a person
who is incapacitated or confined due to illness or
disability and resides at the same address ;
(3) Religious belief or practice;
(4) Employment as:
(a) An election authority, as a member of an election
authority, or by an election authority at a location other
than such voter's polling place;
(b) A first responder;
(c) A health care worker; or
(d) A member of law enforcement;
(5) Incarceration, provided all qualifications for
voting are retained;
(6) Certified participation in the address
confidentiality program established under sections 589.660
to 589.681 because of safety concerns [; or
33
(7) For an election that occurs during the year 2020,
the voter has contracted or is in an at -risk category for
contracting or transmitting severe acute respiratory
syndrome coronavirus 2. This subdivision shall expire on
December 31, 2020].
[2.] 4. Any covered voter who is eligible to register
and vote in this state may vote in any election for federal
office, statewide office, state legislative office, or
statewide ballot initiatives by submitting a federal
postcard application to apply to vote by absentee ballot or
by submitting a federal postcard application at the polling
place even though the person is not registered. A federal
postcard application submitted by a covered voter pursuant
to this subsection shall also serve as a voter registration
application under section 115.908 and the election authority
shall, if satisfied that the applicant is entitled to
register, place the voter's name on the voter regist ration
file. Each covered voter may vote by absentee ballot or,
upon submitting an affidavit that the person is qualified to
vote in the election, may vote at the person's polling place.
[3.] 5. Any interstate former resident may vote by
absentee ballot for presidential and vice presidential
electors.
[4. Any intrastate new resident may vote by absentee
ballot at the election for presidential and vice
presidential electors, United States senator, representative
in Congress, statewide el ected officials and statewide
questions, propositions and amendments from such resident's
new jurisdiction of residence after registering to vote in
such resident's new jurisdiction of residence.
5.] 6. Any new resident may vote by absentee ballot
for presidential and vice presidential electors after
34
registering to vote in such resident's new jurisdiction of
residence.
[6. For purposes of this section, the voters who are
in an at-risk category for contracting or transmitting
severe acute respiratory syndrome coronavirus 2 are voters
who:
(1) Are sixty-five years of age or older;
(2) Live in a long-term care facility licensed under
chapter 198;
(3) Have chronic lung disease or moderate to severe
asthma;
(4) Have serious heart conditions;
(5) Are immunocompromised;
(6) Have diabetes;
(7) Have chronic kidney disease and are undergoing
dialysis; or
(8) Have liver disease. ]
115.279. 1. Application for an abs entee ballot may be
made by the applicant in person, or by mail, or for the
applicant, in person, by his or her guardian or a relative
within the second degree by consanguinity or affinity. The
election authority shall accept applications by facsimile
transmission and by electronic mail within the limits of its
telecommunications capacity.
2. Notwithstanding section 115.284, no individual,
group, or party shall solicit a voter into obtaining an
absentee ballot application. Absentee ballot applications
shall not have the information pre -filled prior to it being
provided to a voter.
3. Each application shall be made to the election
authority of the jurisdiction in which the person is or
would be registered. Each application shall be in writing
and shall state the applicant's name, address at which he or
35
she is or would be registered, his or her reason for voting
an absentee ballot, the address to which the ballot is to be
mailed, if mailing is requested, and for absent uniformed
services and overseas applicants, the applicant's email
address if electronic transmission is requested. If the
reason for the applicant voting absentee is due to the
reasons established under subdivision (6) of subsection 1 of
section 115.277, the ap plicant shall state the voter's
identification information provided by the address
confidentiality program in lieu of the applicant's name,
address at which he or she is or would be registered, and
address to which the ballot is to be mailed, if mailin g is
requested. Each application to vote in a primary election
shall also state which ballot the applicant wishes to
receive. If any application fails to designate a ballot,
the election authority shall, within three working days
after receiving the application, notify the applicant by
mail that it will be unable to deliver an absentee ballot
until the applicant designates which political party ballot
he or she wishes to receive. If the applicant does not
respond to the request for political par ty designation, the
election authority is authorized to provide the voter with
that part of the ballot for which no political party
designation is required.
[3. Except as provided in subsection 3 of section
115.281,] 4. All applications for abse ntee ballots received
prior to the sixth Tuesday before an election shall be
stored at the office of the election authority until such
time as the applications are processed in accordance with
section 115.281. No application for an absentee ballot
received in the office of the election authority by mail, by
facsimile transmission, by electronic mail, or by a guardian
or relative after 5:00 p.m. on the second Wednesday
36
immediately prior to the election shall be accepted by any
election authority. No application for an absentee ballot
submitted by the applicant in person after 5:00 p.m. on the
day before the election shall be accepted by any election
authority, except as provided in subsections [6, 8] 7, 8,
and 9 of this section.
[4.] 5. Each application for an absentee ballot shall
be signed by the applicant or, if the application is made by
a guardian or relative pursuant to this section, the
application shall be signed by the guardian or relative, who
shall note on the application hi s or her relationship to the
applicant. If an applicant, guardian or relative is blind,
unable to read or write the English language or physically
incapable of signing the application, he or she shall sign
by mark, witnessed by the signature of an ele ction official
or person of his or her own choosing. Any person who
knowingly makes, delivers or mails a fraudulent absentee
ballot application shall be guilty of a class one election
offense.
[5.] 6. (1) Notwithstanding any law to the contrary ,
any resident of the state of Missouri who resides outside
the boundaries of the United States or who is on active duty
with the Armed Forces of the United States or members of
their immediate family living with them may request an
absentee ballot for both the primary and subsequent general
election with one application.
(2) The election authority shall provide each absent
uniformed services voter and each overseas voter who submits
a voter registration application or an absentee ballot
request, if the election authority rejects the application
or request, with the reasons for the rejection.
(3) Notwithstanding any other law to the contrary, if
a standard oath regarding material misstatements of fact is
37
adopted for uniformed and over seas voters pursuant to the
Help America Vote Act of 2002, the election authority shall
accept such oath for voter registration, absentee ballot, or
other election-related materials.
(4) Not later than sixty days after the date of each
regularly scheduled general election for federal office,
each election authority which administered the election
shall submit to the secretary of state in a format
prescribed by the secretary a report on the combined number
of absentee ballots transmitted to, an d returned by, absent
uniformed services voters and overseas voters for the
election. The secretary shall submit to the Election
Assistance Commission a combined report of such information
not later than ninety days after the date of each regularly
scheduled general election for federal office and in a
standardized format developed by the commission pursuant to
the Help America Vote Act of 2002. The secretary shall make
the report available to the general public.
(5) As used in this section, the terms "absent
uniformed services voter" and "overseas voter" shall have
the meaning prescribed in 52 U.S.C. Section 20310.
[6.] 7. An application for an absentee ballot by a new
resident shall be submitted in person by the applicant in
the office of the election authority in the election
jurisdiction in which such applicant resides. The
application shall be received by the election authority no
later than 7:00 p.m. on the day of the election. Such
application shall be in the form of an affidavit, executed
in duplicate in the presence of the election authority or
any authorized officer of the election authority, and in
substantially the following form:
"STATE OF _________
38
[7.] 8. The election authority in whose office an
application is filed pursuant to subsection [6] 7 of this
section shall immediately send a duplicate of such
application to the appropriate official of the state in
which the new resident applicant last resided and shall file
the original of such application in its office.
[8. An application for an absentee ballot by an
intrastate new resident shall be made in person by the
COUNTY OF _________ , ss.
I, ______, do solemnly swear that:
(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 ______;
(2) I moved to this state after the last day to
register to vote in such general presidential
election and I am now residing in the county of
______, state of Missouri;
(3) I believe I am entitled pursuant to the laws of
this state to vote in the presi dential election
to be held November ______, ______ (year);
(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.
Signed __________________
(Applicant)
________________
(Residence
Address)
Subscribed and sworn to before me this ______ day
of ______, ______
Signed __________________
(Title and name of officer authorized to
administer oaths)"
39
applicant in the office of the election authority in the
election jurisdiction in which such applicant resides. The
application shall be received by the election authority no
later than 7:00 p.m. on the day of the election. Such
application shall be in the form of an affidavit, executed
in duplicate in the presence of the election authority or an
authorized officer of the election authority, and in
substantially the following form:
"STATE OF ______
COUNTY OF ______, ss.
I, ______, do solemnly swear that:
(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 ______;
(2) I moved to this election jurisdiction after the
last day to register to vote in such election;
(3) I believe I am entitled pursuant to the laws of
this state to vote in the election to be held
______ (date);
(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.
Signed __________________
(Applicant)
__________________
(Residence Address)
Subscribed and sworn to before me this ______ day
of ______, ______
Signed __________________
(Title and name of officer authorized to
administer oaths)"
]
40
9. An application for an absentee ballot by an
interstate former resident shall be received in the office
of the election authority where the applicant was formerly
registered by 5:00 p.m. on the second Wednesday immediatel y
prior to the election, unless the application is made in
person by the applicant in the office of the election
authority, in which case such application shall be made no
later than 7:00 p.m. on the day of the election.
115.283. 1. Each ballot envelope shall bear a
statement on which the voter shall state the voter's name,
the voter's voting address, the voter's mailing address and
the voter's reason for voting an absentee ballot. If the
reason for the voter voting absentee is du e to the reasons
established under subdivision (6) of subsection [1] 2 of
section 115.277, the voter shall state the voter's
identification information provided by the address
confidentiality program in lieu of the applicant's name,
voting address, and mailing address. On the form, the voter
shall also state under penalties of perjury that the voter
is qualified to vote in the election, that the voter has not
previously voted and will not vote again in the election,
that the voter has personally m arked the voter's ballot in
secret or supervised the marking of the voter's ballot if
the voter is unable to mark it, that the ballot has been
placed in the ballot envelope and sealed by the voter or
under the voter's supervision if the voter is unable to seal
it, and that all information contained in the statement is
true. In addition, any person providing assistance to the
absentee voter shall include a statement on the envelope
identifying the person providing assistance under penalties
of perjury. Persons authorized to vote only for federal and
statewide officers shall also state their former Missouri
residence.
41
2. The statement for persons voting absentee ballots
who are registered voters shall be in substantially the
following form:
State of Missouri
County (City) of _______________
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):
______ absence on election day from the
jurisdiction of the election authority in
which I am registered;
______ 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 ;
______ religious belief or practice;
______ 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;
______ incarceration, although I have retained all
the necessary qualifications for voting;
______ certified participation in the address
confidentiality program established under
sections 589.660 to 589.681 because of
safety concerns.
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 am blind,
unable to read or write English, or physically
incapable of marking the ballot, and the person of
42
3. The statement for persons voting absentee ballots
pursuant to the provisions of subsection 2, 3, 4, or 5 of
section 115.277 without being registered shall be in
substantially the following form:
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.
__________________ ________________
Signature of Voter Signature of
Person
Assisting Voter
(if applicable)
Signed ______ Subscribed and
sworn
Signed ______ to before me
this
Address of Voter ______day of
______, ______
__________________ ________________
__________________ ________________
Mailing addresses Signature of
notary or
(if different) other officer
authorized to
administer oaths
State of Missouri
County (City) of ______
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
43
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.
I am [(check one)]:
[_____ 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.
_____] an interstate former resident of Missouri
and authorized to vote for presidential and
vice presidential electors.
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 marke d 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.
_______________ Subscribed to
and
Signature of
Voter
sworn before me
this
______ day of
______, ______
_______________
_______________ ________________
Address of Voter Signature of
notary or
other officer
authorized to
administer oaths
________________ ________________
Mailing Address (if different) ________________
44
4. The statement for persons voting absentee ballots
who are entitled to vote at the election pursuant to the
provisions of subsection 2 of section 115.137 shall be in
substantially the following form:
________________
________________
__
________________
Signature of
Person
Address of Last
Assisting Voter Missouri
Residence
(if applicable)
State of Missouri
County (City) of ______
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):
______ absence on election day from the
jurisdiction of the election authority in
which I am directed to vote;
______ 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 ;
______ religious belief or practice;
______ 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;
______ incarceration, although I have retained all
the necessary qualifications of voting;
45
5. The statement for persons providing assistance to
absentee voters shall be in substantially the following form:
______ certified participation in the address
confidentiality program established under
sections 589.660 to 589.681 because of
safety concerns.
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.
_______________ Subscribed and
sworn
Signature of
Voter
to before me
this
______ day of
______, ______
_______________
_______________ _______________
Address Signature of
notary or
other officer
authorized to
administer oaths
__________________
Signature of Person
Assisting Voter
(if applicable)
46
[6. The election authority shall, for an election held
during 2020, adjust the forms described in this section to
account for voters voting absentee due to the reason
established pursuant to subdivision (7) of subsection 1 of
section 115.277.
7.] 6. Notwithstanding any other provision of this
section, any covered voter as defined in section 115.902 or
persons who have declared themselves to be permanently
disabled pursuant to section 115.284, otherwise entitled to
vote, shall not be required to obtain a notary sea l or
signature on his or her absentee ballot.
[8.] 7. Notwithstanding any other provision of this
section or section 115.291 to the contrary, the
subscription, signature and seal of a notary or other
officer authorized to administer oaths shall n ot be required
on any ballot, ballot envelope, or statement required by
this section if the reason for the voter voting absentee is
The voter needed assistance in marking the ballot
and signing above, because of blindness, other
physical disability, or inability t o 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.
Reason why voter needed assistance: ______
ASSISTING PERSON SIGN HERE
1. ______ (signature of assisting person)
2. ______ (assisting person's name printed)
3. ______ (assisting person's residence)
4. ______ (assisting person's home city or town).
47
due to the reasons established pursuant to subdivision (2)
[or (7)] of subsection [1] 3 of section 115.277.
[9.] 8. No notary shall charge or collect a fee for
notarizing the signature on any absentee ballot or absentee
voter registration.
[10.] 9. A notary public who charges more than the
maximum fee specified or who charges or collects a fee for
notarizing the signature on any absentee ballot or absentee
voter registration is guilty of official misconduct.
115.285. The secretary of state may prescribe uniform
regulations with respect to the printing of ballot envelopes
and mailing envelopes, which shall comply with standards
established by federal law or postal regulations. Mailing
envelopes for use in returning ballots shall be printed with
business reply permits so that any ballot returned by mail
does not require postage. All fees and costs for
establishing and maintaining the business reply and postage -
free mail for all ballots cast shall be paid by the
secretary of state through state appropriations.
[Notwithstanding any provision of law to the contrary, a
ballot envelope used under section 115.302 shall be the same
ballot envelope used for absentee ballots, provided an
option shall be listed on the envelope to clearly indicate
whether the voter is casting an absentee ballot or a mail -in
ballot.]
115.286. Absentee ballots under sections 115.275 to
115.304 received by the election authority in person or
other authorized location designated by the election
authority are deemed cast when received prior to election
day. Absentee ballots received by the election authority
through a common carrier such as the United States Postal
Service are deemed cast when received prior to the time
fixed by law for the closing of the polls on election day.
48
Absentee ballots received by the election authority through
a common carrier such as the United States Postal Service
shall be received prior to the time fixed by law for the
closing of polls on election day. The election authority
shall hand mark or stamp each absentee ballot envelope as it
is received, indicating the date and time the absentee
ballot was received.
115.287. 1. Upon receipt of a signed application for
an absentee ballot and if satisfied the applicant is
entitled to vote by absentee ballot, the election authority
shall, within three working days after receiving the
application, or if absentee ballots are not available at the
time the application is received, within five working days
after they become available, deliver to the voter an
absentee ballot, ballot envelope a nd such instructions as
are necessary for the applicant to vote. Delivery shall be
made to the voter personally in the office of the election
authority or by bipartisan teams appointed by the election
authority, or by first class, registered, or certi fied mail
at the discretion of the election authority, or in the case
of a covered voter as defined in section 115.902, the method
of transmission prescribed in section 115.914. Where the
election authority is a county clerk, the members of
bipartisan teams representing the political party other than
that of county clerk shall be selected from a list of
persons submitted to the county clerk by the county chairman
of that party. If no list is provided by the time that
absentee ballots are to be ma de available, the county clerk
may select a person or persons from lists provided in
accordance with section 115.087. If the election authority
is not satisfied that any applicant is entitled to vote by
absentee ballot, it shall not deliver an absente e ballot to
the applicant. Within three working days of receiving such
49
an application, the election authority shall notify the
applicant and state the reason he or she is not entitled to
vote by absentee ballot. The applicant may file a complaint
with the elections division of the secretary of state's
office under and pursuant to section 115.219.
2. If, after 5:00 p.m. on the second Wednesday before
an election, any voter from the jurisdiction has become
hospitalized, becomes confined due to illness or injury, or
is confined in an intermediate care facility, residential
care facility, or skilled nursing facility on election day,
as such terms are defined in section 198.006, in the county
in which the jurisdiction is located or in the juri sdiction
of an adjacent election authority within the same county,
the election authority shall appoint a team to deliver,
witness the signing of and return the voter's application
and deliver, witness the voting of and return the voter's
absentee ballot. [In counties with a charter form of
government and in cities not within a county, and in each
city which has over three hundred thousand inhabitants, and
is situated in more than one county, ] If the election
authority receives ten or more applica tions for absentee
ballots from the same address it [may] shall appoint a team
to deliver and witness the voting and return of absentee
ballots by voters residing at that address, except when such
addresses are for an apartment building or other struct ure
wherein individual living units are located, each of which
has its own separate cooking facilities. Each team
appointed pursuant to this subsection shall consist of two
registered voters, one from each major political party.
Both members of any team appointed pursuant to this
subsection shall be present during the delivery, signing or
voting and return of any application or absentee ballot
signed or voted pursuant to this subsection.
50
3. On the mailing and ballot envelopes for each
covered voter, the election authority shall stamp
prominently in black the words "FEDERAL BALLOT, STATE OF
MISSOURI" and "U.S. Postage Paid, 39 U.S.C. Section 3406".
4. No information which encourages a vote for or
against a candidate or issue shall be provided to any voter
with an absentee ballot.
115.291. 1. Upon receiving an absentee ballot by
mail, the voter shall mark the ballot in secret, place the
ballot in the ballot envelope, seal the envelope and fill
out the statement on the ballot envelope. The affidavit of
each person voting an absentee ballot shall be subscribed
and sworn to before the election official receiving the
ballot, a notary public or other officer authorized by law
to administer oaths, unless the voter i s voting absentee due
to incapacity or confinement due to the provisions of
section 115.284, illness or physical disability on election
day, [for an election that occurs during the year 2020, the
voter has contracted or is in an at -risk category for
contracting or transmitting severe acute respiratory
syndrome coronavirus 2, as defined in section 115.277, ] or
the voter is a covered voter as defined in section 115.902.
If the voter is blind, unable to read or write the English
language, or physical ly incapable of voting the ballot, the
voter may be assisted by a person of the voter's own
choosing. Any person assisting a voter who is not entitled
to such assistance, and any person who assists a voter and
in any manner coerces or initiates a requ est or a suggestion
that the voter vote for or against or refrain from voting on
any question, ticket or candidate, shall be guilty of a
class one election offense. If, upon counting, challenge or
election contest, it is ascertained that any absentee ballot
was voted with unlawful assistance, the ballot shall be
51
rejected. [For purposes of this subsection, the voters who
are in an at-risk category for contracting or transmitting
severe acute respiratory syndrome coronavirus 2 are voters
who:
(1) Sixty-five years of age or older;
(2) Live in a long-term care facility licensed under
chapter 198;
(3) Have chronic lung disease or moderate to severe
asthma;
(4) Have serious heart conditions;
(5) Are immunocompromised;
(6) Have diabetes;
(7) Have chronic kidney disease and are undergoing
dialysis; or
(8) Have liver disease. ]
2. Except as provided in subsection 4 of this section,
each absentee ballot that is not cast by the voter in person
in the office of the election authority shall be returned to
the election authority in the ballot envelope and shall only
be returned by the voter in person, or in person by a
relative of the voter who is within the second degree of
consanguinity or affinity, by mail or registered carrier or
by a team of deputy election authorities; except that
covered voters, when sent from a location determined by the
secretary of state to be inaccessible on election day, shall
be allowed to return their a bsentee ballots cast by use of
facsimile transmission or under a program approved by the
Department of Defense for electronic transmission of
election materials.
3. In cases of an emergency declared by the President
of the United States or the go vernor of this state where the
conduct of an election may be affected, the secretary of
state may provide for the delivery and return of absentee
52
ballots by use of a facsimile transmission device or
system. Any rule promulgated pursuant to this subsec tion
shall apply to a class or classes of voters as provided for
by the secretary of state.
4. No election authority shall refuse to accept and
process any otherwise valid marked absentee ballot submitted
in any manner by a covered voter solely o n the basis of
restrictions on envelope type.
115.302. [1. Any registered voter of this state may
cast a mail-in ballot as provided in this section. Nothing
in this section shall prevent a voter from casting an
absentee ballot, provi ded such person has not cast a ballot
pursuant to this section. Application for a mail -in ballot
may be made by the applicant in person, or by United States
mail, or on behalf of the applicant by his or her guardian
or relative within the second degre e of consanguinity or
affinity.
2. Each application for a mail -in ballot shall be made
to the election authority of the jurisdiction in which the
person is registered. Each application shall be in writing
and shall state the applicant's name, ad dress at which he or
she is registered, the address to which the ballot is to be
mailed.
3. All applications for mail -in ballots received prior
to the sixth Tuesday before an election shall be stored at
the office of the election authority until such time as the
applications are processed under section 115.281. No
application for a mail -in ballot received in the office of
the election authority after 5:00 p.m. on the second
Wednesday immediately prior to the election shall be
accepted by any election authority.
4. Each application for a mail -in ballot shall be
signed by the applicant or, if the application is made by a
53
guardian or relative under this section, the application
shall be signed by the guardian or relative, who shall note
on the application his or her relationship to the
applicant. If an applicant, guardian, or relative is blind,
unable to read or write the English language, or physically
incapable of signing the application, he or she shall sign
by mark that is witn essed by the signature of an election
official or person of his or her choice. Knowingly making,
delivering, or mailing a fraudulent mail -in-ballot
application is a class one election offense.
5. Not later than the sixth Tuesday prior to each
election, or within fourteen days after candidate names or
questions are certified under section 115.125, the election
authority shall cause to have printed and made available a
sufficient quantity of ballots, ballot envelopes, and
mailing envelopes. As soon as possible after a proper
official calls a special state or county election, the
election authority shall cause to have printed and made
available a sufficient quantity of mail -in ballots, ballot
envelopes, and mailing envelopes.
6. Each ballot envelope shall bear a statement in
substantially the same form described in subsection 9 of
this section. In addition, any person providing assistance
to the mail-in voter shall include a signature on the
envelope identifying the person providin g such assistance
under penalties of perjury. Persons authorized to vote only
for federal and statewide offices shall also state their
former Missouri residence.
7. The statement for persons voting mail -in ballots
who are registered voters shall be in substantially the
following form:
State of Missouri
54
8. Upon receipt of a signed application for a mail -in
ballot and if satisfied that the applicant is entitled to
vote by mail-in ballot, the election authority shall, within
three working days after receiving the application, or, if
mail-in ballots are not available at the time the
application is received, within five working days after such
ballots become available, deliver to the voter a mail -in
County (City) of _________
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.
__________________ __________________
Signature of Voter Signature of
Person
Assisting Voter
(if applicable)
Subscribed and sworn to before me this _________
day of _________ , _________ .
__________________
Signature of notary or other officer authorized to
administer oaths.
______________
______________
Mailing addresses
(if different)
55
ballot, ballot envelope and su ch instructions as are
necessary for the applicant to vote. If the election
authority is not satisfied that any applicant is entitled to
vote by mail-in ballot, the authority shall not deliver a
mail-in ballot to the applicant. Within three working d ays
of receiving such an application, the election authority
shall notify the applicant and state the reason he or she is
not entitled to vote by mail -in ballot. The applicant may
file a complaint with the elections division of the
secretary of state's office under section 115.219.
9. On the mailing and ballot envelopes for each
covered voter, the election authority shall stamp the words
"ELECTION BALLOT, STATE OF MISSOURI" and "U.S. Postage Paid,
39 U.S.C. Section 3406".
10. No information which encourages a vote for or
against a candidate or issue shall be provided to any voter
with a mail-in ballot.
11. Upon receiving a mail -in ballot by mail, the voter
shall mark the ballot in secret, place the ballot in the
ballot envelope, seal the envelope and fill out the
statement on the ballot envelope. The statement required
under subsection 7 of this section shall be subscribed and
sworn to before a notary public or other officer authorized
by law to administer oaths. If the voter is blind, unable
to read or write the English language, or physically
incapable of voting the ballot, the voter may be assisted by
a person of the voter's own choosing. Any person who
assists a voter and in any manner coerces or initiates a
request or suggestion that the voter vote for or against, or
refrain from voting on, any question or candidate, shall be
guilty of a class one election offense. If, upon counting,
challenge, or election contest, it is ascertained that any
56
mail-in ballot was voted with unlawful assistance, the
ballot shall be rejected.
12. Each mail-in ballot shall be returned to the
election authority in the ballot envelope and shall only be
returned by the voter by United States mail.
13. The secretary of state may prescribe uniform
regulations with respect to the printing of ballot envelopes
and mailing envelopes, which shall comply with standards
established by federal law or postal regulations. Mailing
envelopes for use in returning ballots shall be p rinted with
business reply permits so that any ballot returned by mail
does not require postage. All fees and costs for
establishing and maintaining the business reply and postage -
free mail for all ballots cast shall be paid by the
secretary of state through state appropriations.
14. All votes on each mail -in ballot received by an
election authority at or before the time fixed by law for
the closing of the polls on election day shall be counted.
No votes on any mail -in ballot received by an election
authority after the time fixed by law for the closing of the
polls on election day shall be counted.
15. If sufficient evidence is shown to an election
authority that any mail -in voter has died prior to the
opening of the polls on electi on day, the ballot of the
deceased voter shall be rejected if it is still sealed in
the ballot envelope. Any such rejected ballot, still sealed
in its ballot envelope, shall be sealed with the application
and any other papers connected therewith in an envelope
marked "Rejected ballot of _________ , a mail -in voter of
_________ voting district". The reason for rejection shall
be noted on the envelope, which shall be kept by the
election authority with the other ballots from the election
until the ballots are destroyed according to law.
57
16. As each mail-in ballot is received by the election
authority, the election authority shall indicate its receipt
on the list.
17. All mail-in ballot envelopes received by the
election authority sha ll be kept together in a safe place
and shall not be opened except as provided under this
chapter.
18. Mail-in ballots shall be counted using the
procedures set out in sections 115.297, 115.299, 115.300,
and 115.303.
19. The false execution of a mail-in ballot is a class
one election offense. The attorney general or any
prosecuting or circuit attorney shall have the authority to
prosecute such offense either in the county of residence of
the person or in the circuit court of Cole County .
20. The provisions of this section shall apply only to
an election that occurs during the year 2020, to avoid the
risk of contracting or transmitting severe acute respiratory
syndrome coronavirus 2.
21. The provisions of this section termi nate and shall
be repealed on December 31, 2020, and shall not apply to any
election conducted after that date. ] Mail-in ballots shall
not be authorized by any executive or administrative order
and no authorization for the use of mail -in ballots shall be
inferred from any general law. This section shall not
preclude the use of absentee ballots authorized under this
chapter. Any expansion of the use of mail -ballots
subsequent to the effective date of this act shall require
the repeal of this secti on by explicit reference thereto.
115.349. 1. Except as otherwise provided in sections
115.361 to 115.383 [or sections 115.755 to 115.785 ], no
candidate's name shall be printed on any official primary
ballot unless the candidate has fi led a written declaration
58
of candidacy in the office of the appropriate election
official by 5:00 p.m. on the last Tuesday in March
immediately preceding the primary election.
2. No declaration of candidacy for nomination in a
primary election shall be accepted for filing prior to 8:00
a.m. on the last Tuesday in February immediately preceding
the primary election.
3. Each declaration of candidacy for nomination in a
primary election shall state the candidate's full name,
residence address, office for which such candidate proposes
to be a candidate, the party ticket on which he or she
wishes to be a candidate and that if nominated and elected
he or she will qualify. The declaration shall be in
substantially the following form:
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 el ection to
be held on the ______ day of ______, ______, and I
further declare that if nominated and elected to
such office I will qualify.
_______________ Subscribed and
sworn
Signature of
candidate
to before me
this
______ day of
______, ______
_______________ _______________
Residence
address
Signature of
election
official or
other officer
authorized to
59
If the declaration is to be filed in person, it shall
be subscribed and sworn to by the candidate before an
official authorized to accept his or her declaration of
candidacy. If the declaration is to be filed by certified
mail pursuant to the provisions of subsection 2 of section
115.355, it shall be subscribed and sworn to by the
candidate before a notary public or other office r authorized
by law to administer oaths.
115.351. No person who files as a party candidate for
nomination or election to an office shall, without
withdrawing, file as another party's candidate or an
independent candidate for nomination or election to the
office for the same term. No person who files as an
independent candidate for election to an office shall,
without withdrawing, file as a party candidate for
nomination or election to the office for the same term. No
person shall file for one office and, without withdrawing,
file for another office to be filled at the same election.
[A person who files a request to be included on the
presidential primary ballot is not prohibited by this
section from filing or appearing on any ballot as a party
candidate for nomination to another office. ] Receipt by the
secretary of state of proper certification of nomination
pursuant to subsection 1 of section 115.399 constitutes
withdrawal by operation of law pursuant to subsection 1 of
section 115.359 of any presidential or vice presidential
nominee from any other office for which such nominee is a
administer oaths
_______________
Mailing address (if different)
_______________
Telephone Number (Optional)
60
candidate at the same election. Any person violating any
provision of this section shall be disqualified from running
for nomination or election to any office at the primary and
general election next succeeding the violation.
115.417. 1. Before the time fixed by law for the
opening of the polls, the election authority shall deliver
to each polling place a sufficient n umber of voter
instruction cards which include the following information:
[if paper ballots or an electronic voting system is used,
the instructions shall inform the voter on ] how to obtain a
ballot for voting, how to vote and prepare the ballot for
deposit in the ballot box , and how to obtain a new ballot to
replace one accidentally spoiled.
2. The election authority at each polling place shall
post in a conspicuous place voting instructions on a poster
no smaller than twenty -four inches by thirty inches. Such
instructions shall also inform the voter that the electronic
voting equipment can be demonstrated upon request of the
voter. The election authority shall also publicly post
during the period of time in which a person may cast an
absentee ballot and on election day a sample version of the
ballot that will be used for that election, the date of the
election, the hours during which the polling place will be
open, instructions for mail -in registrants and first -time
voters, general information on voting rights in accordance
with the state plan filed by the secretary of state pursuant
to the Help America Vote Act of 2002, general information on
the right to cast a provisional ballot and instructions for
provisional ballots, how t o contact appropriate authorities
if voting rights have been violated, and general information
on federal and Missouri law regarding prohibitions on acts
of fraud and misrepresentation. The secretary of state may
promulgate rules to execute this secti on. No rule or
61
portion of a rule promulgated pursuant to the authority of
this section shall become effective unless it has been
promulgated pursuant to chapter 536.
3. The secretary of state may develop multilingual
voting instructions to be ma de available to election
authorities.
115.427. 1. Persons seeking to vote in a public
election shall establish their identity and eligibility to
vote at the polling place or, if voting absentee in person
under section 115.277, at the office of the election
authority or other authorized location designated by the
election authority by presenting a form of personal photo
identification to election officials. No form of personal
photo identification other than the forms listed in thi s
section shall be accepted to establish a voter's
qualifications to vote. Forms of personal photo
identification that satisfy the requirements of this section
are any one of the following:
(1) Nonexpired Missouri driver's license;
(2) Nonexpired or nonexpiring Missouri nondriver's
license;
(3) A document that satisfies all of the following
requirements:
(a) The document contains the name of the individual
to whom the document was issued, and the name substantially
conforms to the most recent signature in the individual's
voter registration record;
(b) The document shows a photograph of the individual;
(c) The document includes an expiration date, and the
document is not expired, or, if expired, the document
expired after the date of the most recent general election;
and
62
(d) The document was issued by the United States or
the state of Missouri; or
(4) Any identification containing a photograph of the
individual which is issued by the Missouri Nati onal Guard,
the United States Armed Forces, including the Space Force,
or the United States Department of Veteran Affairs to a
member or former member of the Missouri National Guard or
the United States Armed Forces , including the Space Force,
and that is not expired or does not have an expiration date.
2. (1) An individual who appears at a polling place
without a form of personal identification described in
subsection 1 of this section and who is otherwise qualified
to vote at that polling p lace [may execute a statement,
under penalty of perjury, averring that the individual is
the person listed in the precinct register; averring that
the individual does not possess a form of personal
identification described in subsection 1 of this secti on;
acknowledging that the individual is eligible to receive a
Missouri nondriver's license free of charge if desiring it
in order to vote; and acknowledging that the individual is
required to present a form of personal identification, as
described in subsection 1 of this section, in order to
vote. Such statement shall be executed and sworn to before
the election official receiving the statement. Upon
executing such statement, the individual may cast a regular
ballot, provided such individual pre sents one of the
following forms of identification:
(a) Identification issued by the state of Missouri, an
agency of the state, or a local election authority of the
state;
(b) Identification issued by the United States
government or agency thereof;
63
(c) Identification issued by an institution of higher
education, including a university, college, vocational and
technical school, located within the state of Missouri;
(d) A copy of a current utility bill, bank statement,
government check, paycheck, or other government document
that contains the name and address of the individual;
(e) Other identification approved by the secretary of
state under rules promulgated pursuant to this section.
(2) For any individual who app ears at a polling place
without a form of personal identification described in
subsection 1 of this section and who is otherwise qualified
to vote at that polling place, the election authority may
take a picture of such individual and keep it as part o f
that individual's voter registration file at the election
authority.
(3) Any individual who chooses not to execute the
statement described in subdivision (1) of this subsection
may cast a provisional ballot. Such provisional ballot
shall be counted, provided that it meets the requirements of
subsection 4 of this section.
(4) For the purposes of this section, the term
"election official" shall include any person working under
the authority of the election authority.
3. The statement to be used for voting under
subdivision (1) of subsection 2 of this section shall be
substantially in the following form:
"State of ______
County of ______
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 penalty
of perjury, I do not possess a form of personal
identification approved for voting. As a person
64
4. A voter] shall be allowed to cast a provisional
ballot [under section 115.430 even i f the election judges
cannot establish the voter's identity under this section ].
The election judges shall make a notation on the provisional
ballot envelope to indicate that the voter's identity was
not verified.
(2) No person shall be entitl ed to receive a
provisional ballot until such person has completed a
provisional ballot affidavit on the provisional ballot
envelope. All provisional ballots shall be marked with a
conspicuous stamp or mark that makes them distinguishable
from other ballots.
(3) The provisional ballot envelope shall be completed
by the voter for use in determining the voter's eligibility
to cast a ballot.
3. The provisional ballot envelope shall provide a
place for the voter's name, address, date of bir th, and last
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
of personal identification, as prescribed by law,
in order to vote.
I understand that knowingly providing false
information is a violation of law and subjects me
to possible criminal prosecution.
__________________
Signature of voter
Subscribed and affirmed before me this ______ day
of ______, 20______
__________________
Signature of election official"
65
four digits of his or her Social Security number, followed
by a certificate in substantially the following form:
I do solemnly swear that I am the person
identified above and the information provided is
correct. I understand that my vote will not be
counted unless:
(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:
a. Nonexpired Missouri driver's license;
b. Nonexpired or nonexpiring Missouri nondriver's
license;
c. A document that satisfies all of the following
requirements:
(i) The document contains my name, in
substantially the same form as the most recent
signature on my voter registration record;
(ii) The document contains my photograph;
(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
(iv) The document was issued by the United States
or the state of Missouri; or
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
(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
66
Once voted, the provisional ballot shall be sealed in the
provisional ballot envelope and placed in a separate secured
container by the election judge.
4. The provisional ballot cast by such voter shall not
be counted unless:
(1) (a) The voter returns to the polling place during
the uniform polling hours established by section 115.407 and
provides a form of personal identification that allows the
election judges to verify the voter 's identity as provided
in subsection 1 of this section; or
(b) The election authority verifies the identity of
the individual by comparing that individual's signature to
the signature on file with the election authority and
determines that the i ndividual was eligible to cast a ballot
at the polling place where the ballot was cast; and
(2) The provisional ballot otherwise qualifies to be
counted under section 115.430.
5. [The secretary of state shall provide advance
notice of the personal identification requirements of
subsection 1 of this section in a manner calculated to
inform the public generally of the requirement for forms of
personal identification as provided in this section. Such
advance notice shall include, at a minim um, the use of
(2) This provisional bal lot otherwise qualifies to
be counted under the laws of the state of
Missouri.
__________________ __________________
Signature of Voter Date
__________________ __________________
Signatures of Election
Officials
67
advertisements and public service announcements in print,
broadcast television, radio, and cable television media, as
well as the posting of information on the opening pages of
the official state internet websites of the secretary of
state and governor.
6.] (1) Notwithstanding the provisions of section
136.055 and section 302.181 to the contrary, the state and
all fee offices shall provide one nondriver's license at no
cost to any otherwise qualified voter who does not already
possess such identification and who desires the
identification [in order to vote] for voting.
(2) This state and its agencies shall provide one copy
of each of the following, free of charge, if needed by an
individual seeking to obtain a form of personal photo
identification described in subsection 1 of this section in
order to vote:
(a) A birth certificate;
(b) A marriage license or certificate;
(c) A divorce decree;
(d) A certificate of decree of adoption;
(e) A court order changing the person's name;
(f) A Social Security card reflecting an updated name;
and
(g) Naturalization papers or other documents from the
United States Department of State proving citizenship.
Any individual seeking one of the a bove documents in order
to obtain a form of personal photo identification described
in subsection 1 of this section [in order to vote] for
voting may request the secretary of state to facilitate the
acquisition of such documents. The secretary of stat e shall
pay any fee or fees charged by another state or its
agencies, or any court of competent jurisdiction in this
state or any other state, or the federal government or its
68
agencies, in order to obtain any of the above documents from
such state or the federal government.
(3) [All costs associated with the implementation of
this section shall be reimbursed from the general revenue of
this state by an appropriation for that purpose. If there
is not a sufficient appropriation of state funds, then the
personal identification requirements of subsection 1 of this
section shall not be enforced.
(4)] Any applicant who requests a nondriver's license
for [the purpose of] voting shall not be required to pay a
fee [if the applicant executes a statement, under penalty of
perjury, averring that the applicant does not have any other
form of personal identification that meets the requirements
of this section]. The state of Missouri shall pay the
legally required fees for any such applicant. [The director
of the department of revenue shall design a statement to be
used for this purpose. The total cost associated with
nondriver's license photo identification under this
subsection shall be borne by the state of Missouri from
funds appropriated to the department of revenue for that
specific purpose.] The department of revenue and a local
election authority may enter into a contract that allows the
local election authority to assist the department in issuing
nondriver's license photo ide ntifications.
[7.] 6. The director of the department of revenue
shall, by January first of each year, prepare and deliver to
each member of the general assembly a report documenting the
number of individuals who have requested and received a
nondriver's license photo identification for the purposes of
voting under this section. The report shall also include
the number of persons requesting a nondriver's license for
purposes of voting under this section, but not receiving
69
such license, and the reason for the denial of the
nondriver's license.
[8.] 7. The precinct register shall serve as the voter
identification certificate. The following form shall be
printed at the top of each page of the precinct register:
[9.] 8. The secretary of state shall promulgate rules
to effectuate the provisions of this section.
[10.] 9. Any rule or portion of a rule, as that term
is defined in section 536.010, that is created under the
authority delegated in this section shall become effective
only if it complies with and is subject to all of the
provisions of chapter 536 and, if applicable, section
536.028. This section and chapter 536 are nonseverable and
if any of the powers vested with the general assembly
pursuant to chapter 536 to review, to de lay the effective
date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and
any rule proposed or adopted after August 28, 2002, shall be
invalid and void.
VOTER'S IDENTIFICATION CERTIFICATE
Warning: It is against the law for anyone to vote,
or attempt to vote, without having a lawful right
to vote.
PRECINCT
WARD OR TOWNSHIP ______
GENERAL (SPECIAL, PRIMARY) ELECTION
Held ______, 20______
Date
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.
70
[11.] 10. If any voter is unable to sign his name at
the appropriate place on the certificate or computer
printout, an election judge shall print the name and address
of the voter in the appropriate place on the precinct
register, the voter shall make his mark in lieu of
signature, and the voter's mark shall be witnessed by the
signature of an election judge.
[12. This section shall become effective only upon the
passage and approval by the voters of a constitutional
amendment submitted to them by the general assembly
regarding the authorization of photo identification
requirements for elections by general law. If such
constitutional amendment is approved by the voters, this
section shall become effective June 1, 2017. ]
115.435. After initialing the voter's identification
certificate and after completing any procedures required by
section 115.433, the election judges shall allow the voter
to proceed to the voting booth and vote. Once the ballot
has been completed by the voter and he or she succe ssfully
submits the ballot, the ballot is deemed cast.
115.447. 1. As used in this subchapter, unless the
context clearly implies otherwise, the following terms shall
mean:
(1) "Counting judges" are the two judges, one from
each major political party, who read each vote received by
all candidates and each vote for and against all questions
at a polling place;
(2) "Receiving judges" are the two judges, one from
each major political party, who initial each voter's ballot
at a polling place;
(3) "Recording judges" are the two judges, one from
each major political party, who tally the votes received by
each candidate and for and against each question at a
71
polling place. These terms describe functions rather than
individuals, and any election judge may perform more than
one function at a polling place on election day.
2. As used in this subchapter, unless the context
clearly implies otherwise, the following terms shall mean:
(1) "Defective ballot" is a ny ballot [card] on which
the number of write-in votes and votes cast on the ballot
[card] for any office exceed the number allowed by law, and
any ballot [card] which is bent or damaged so that it cannot
be properly counted by automatic tabulating equ ipment;
(2) "Rejected ballot" is any ballot on which no votes
are counted because the ballot fails to have the initials of
the proper election judges, because the number of votes for
all offices and on all questions exceeds the number
authorized by law, because the voter is deemed by the
election judges to be unqualified, because it is an absentee
ballot not accompanied by a completed and signed affidavit,
or because the ballot was voted with unlawful assistance;
(3) "Spoiled ballot" is a ny ballot accidentally
spoiled by a voter and replaced by election judges in the
manner provided in subsection 2 of section 115.439.
115.652. [1.] An election shall not be conducted
under sections 115.650 to 115.660 unless:
(1) The officer or agency calling the election submits
a written request that the election be conducted by mail.
Such request shall be submitted not later than the date
specified in section 115.125 for submission of the notice of
election and sample ballot ;
(2) The election authority responsible for conducting
the election authorizes the use of mailed ballots for the
election;
(3) The election is nonpartisan;
72
(4) The election is not one at which any candidate is
elected, retained or rec alled; and
(5) The election is an issue election at which all of
the qualified voters of any one political subdivision are
the only voters eligible to vote.
[2. Notwithstanding the provisions of subsection 1 of
this section or any other prov ision of law to the contrary,
an election may be conducted by mail as authorized under
section 115.302, during the year 2020, to avoid the risk
of contracting or transmitting severe acute respiratory
syndrome coronavirus 2. This subsection shall exp ire
December 31, 2020.]
115.902. As used in sections 115.900 to 115.936, the
following terms shall mean:
(1) "Covered voter":
(a) A uniformed services voter who is registered to
vote in this state;
(b) A uniformed services voter defined in this section
whose voting residence is in this state and who otherwise
satisfies this state's voter eligibility requirements; or
(c) An overseas voter;
(2) "Dependent", an individual recognized as a
dependent by a unifo rmed service;
(3) "Federal postcard application", the application
prescribed under Section 101(b)(2) of the Uniformed and
Overseas Citizens Absentee Voting Act, 42 U.S.C. Section
1973ff(b)(2);
(4) "Federal write-in absentee ballot", the ball ot
described in Section 103 of the Uniformed and Overseas
Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff -2;
(5) "Military-overseas ballot":
(a) A federal write-in absentee ballot;
73
(b) A ballot specifically prepared or distribute d for
use by a covered voter in accordance with sections 115.900
to 115.936; and
(c) A ballot cast by a covered voter in accordance
with sections 115.900 to 115.936;
(6) "Overseas voter":
(a) A person who resides outside the United Sta tes and
is qualified to vote in the last place in which the person
was domiciled before leaving the United States; or
(b) A person who resides outside the United States
and, but for such residence, would be qualified to vote in
the last place in which the person was domiciled before
leaving the United States;
(7) "State", a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to
the jurisdiction of the United States;
(8) "Uniformed services":
(a) Active and reserve components of the Army, Navy,
Air Force, Marine Corps, Space Force, or Coast Guard of the
United States;
(b) The Merchant Marine, the commissioned corps of the
Public Health Service, or the commissioned corps of the
National Oceanic and Atmospheric Administration of the
United States; or
(c) The Missouri National Guard;
(9) "Uniformed services voter", an individual who is
qualified to vote and is:
(a) A member of the active or reserve components of
the Army, Navy, Air Force, Marine Corps, Space Force, or
Coast Guard of the United States who is on active duty;
(b) A member of the Merchant Marine, the commissioned
corps of the Public Heal th Service, or the commissioned
74
corps of the National Oceanic and Atmospheric Administration
of the United States;
(c) A member on activated status of the National
Guard; or
(d) A spouse or dependent of a member referred to in
this subdivision;
(10) "United States", used in the territorial sense,
the several states, the District of Columbia, Puerto Rico,
the United States Virgin Islands, and any territory or
insular possession subject to the jurisdiction of the United
States.
115.904. The voting procedures in sections 115.900 to
115.936 shall apply to:
(1) A general, special, [presidential preference, ] or
primary election for federal office;
(2) A general, special, or primary election for
statewide or state legislative office or state ballot
measure; or
(3) Any election in which absentee voting is conducted
pursuant to sections 115.275 to 115.304.
115.960. 1. An election authority is authorized to
accept voter registrat ion applications with a signature
submitted to the election authority under the provisions of
sections 432.200 to 432.295 as provided in this section:
(1) Sections 432.200 to 432.295 shall only apply to
transactions between parties that have agree d to conduct
transactions by electronic means;
(2) Except as provided in subsection 2 of this
section, as used in this section and sections 432.200 to
432.295, the parties who agree to conduct voter registration
transactions by electronic means s hall be the local election
authority who is required to accept or reject a voter
75
registration application and the prospective voter
submitting the application;
(3) A local election authority is authorized to
develop, maintain, and approve systems that transmit voter
registration applications electronically under sections
432.200 to 432.295;
(4) Except as provided in subsection 2 of this section
and section 115.160, no officer, agency, or organization
shall collect or submit a voter regis tration application
with an electronic signature to an election authority
without first obtaining approval of the data and signature
format from the local election authority and the approval of
the voter to collect and store the signature and data; and
(5) Local election authorities who maintain a voter
registration application system shall direct voter
registration applicants from other jurisdictions to the
system used by the local election authority for that
jurisdiction to accept voter regi stration applications
electronically.
2. [A system maintained by the secretary of state's
office shall be used to accept voter registration
applications electronically subsequent to approval from the
committee formed as set forth in this subsecti on:
(1) Within thirty days of, but in no event prior to
January 1, 2017, the president of the Missouri Association
of County Clerks and Election Authorities shall appoint
fourteen of its members to serve on a committee to approve
and develop uniform standards, systems, and modifications
that shall be used by the secretary of state in any
electronic voter registration application system offered by
that office. The committee may also make recommendations
regarding the purchase, maintenance, int egration, and
operation of electronic databases, software, and hardware
76
used by local election authorities and the secretary of
state's office including, but not limited to, systems used
for military and overseas voting and for building and
conducting election operations. The committee shall have
fourteen local election authorities, including
representatives of each classification of counties, a
representative from an election board, and at least one
member who has experience processing online vot er
registration transactions. In addition, one representative
appointed by the secretary of state's office shall serve on
the committee;
(2) The committee shall immediately meet to approve
electronic signature formats and a minimum set of data
collection standards for use in a voter registration
application system maintained by the secretary of state;
(3) Once the format and data collection standards are
approved by the committee and implemented for the system
maintained by the secretar y of state, local election
authorities shall accept the transmission of voter
registration applications submitted to the approved system
under the provisions of sections 432.200 to 432.295;
(4) The secretary of state's office shall direct
eligible voters to a local election authority's system to
accept voter registration applications electronically if the
local election authority has a system in place as of August
28, 2016, or implements a system that meets the same
standards and format that h as been approved by the committee
for the secretary of state's system;
(5) The committee shall meet not less than
semiannually through June 30, 2019, to recommend and approve
changes and enhancements proposed by the secretary of state
or election authorities to the electronic voter registration
application system. Vacancies that occur on the committee
77
shall be filled by the president of the Missouri Association
of County Clerks and Election Authorities at the time of the
vacancy;
(6) To improve the accuracy of voter registration
application data and reduce costs for local election
authorities, the system maintained by the secretary of state
shall, as soon as is practical, provide a method where the
data entered by the voter registrat ion applicant does not
have to be re-entered by the election authority to the state
voter registration database.
3.] Each applicant who registers using an approved
electronic voter registration application system shall be
deemed to be registered as of the date the signed
application is submitted to the system, if such application
is accepted and not rejected by the election authority and
the verification notice required under section 115.155 is
not returned as undeliverable by the postal servi ce.
[4.] 3. This section shall not apply to voter
registration and absentee records submitted by voters
authorized under federal law, section 115.291, or sections
115.900 to 115.936 to submit electronic records and
signatures.
[5.] 4. High quality copies, including electronic
copies, of signatures made on paper documents may be used
for petition signature verification purposes and retained as
records.
[6.] 5. Any signature required for petition submission
under chapter 116 shall be handwritten on a paper document.
[7. Notwithstanding the provisions of section 432.230 ]
6. Except as provided under sections 115.160 and 432.230 ,
nothing in this section shall require the election authority
to accept voter registration records o r signatures created,
generated, sent, communicated, received, stored, or
78
otherwise processed, or used by electronic means or in
electronic form from any officer, agency, or organization
not authorized under subsection 2 of this section without
prior approval from the election authority. Election
authorities shall accept and process voter registration
records, including electronic images of applicant
signatures, transmitted electronically by the division of
motor vehicle and driver licensing of th e department of
revenue under section 115.160. Except as provided in
subsection 2 of this section and section 115.160, no
officer, agency, or organization shall give the voter the
opportunity to submit a voter registration application with
an electronic signature without first obtaining the approval
of the local election authority.
8. An election authority that agrees to conduct a
transaction by electronic means may refuse to conduct other
transactions by electronic means.
9. No election authority or the secretary of state
shall furnish to any member of the public any data collected
under a voter registration application system except as
authorized in subsections 1 to 5 of section 115.157.
10. Nothing in this section shall be co nstrued to
require the secretary of state to cease operating a voter
registration application in place as of the effective date
of this act.
[115.755. A statewide presidential
preference primary shall be held on the second
Tuesday after the first Monday in March of each
presidential election year.]
[115.758. On or before the tenth Tuesday
prior to the date of the presidential preference
primary, the secretary of state shall announce
the official list of presidentia l candidates for
each established political party as provided in
section 115.761.]
[115.761. 1. The official list of
presidential candidates for each established
political party shall include the names of all
79
constitutionally qualifi ed candidates for whom,
on or after 8:00 a.m. on the fifteenth Tuesday
prior to the presidential primary, and on or
before 5:00 p.m., on the eleventh Tuesday prior
to the presidential primary, a written request
to be included on the presidential prima ry
ballot is filed with the secretary of state
along with:
(1) Receipt of payment to the state
committee of the established political party on
whose ballot the candidate wishes to appear of a
filing fee of five thousand dollars; or
(2) A written statement, sworn to before
an officer authorized by law to administer
oaths, that the candidate is unable to pay the
filing fee and does not have funds in a campaign
fund or committee to pay the filing fee and a
petition signed by not less than five thousand
registered Missouri voters, as determined by the
secretary of state, that the candidate's name be
placed on the ballot of the specified
established political party for the presidential
preference primary. The request to be included
on the presidential primary ballot shall include
each signer's printed name, registered address
and signature and shall be in substantially the
following form:
2. The state or national party
organization of an established political party
that adopts rules imposing signature
requirements to be met before a candidate can be
listed as an official candidate shall notify the
secretary of state by October first of the year
preceding the presidential primary.
3. Any candidate or such candidate's
authorized representative may have such
candidate's name stricken from the presidential
primary ballot by filing with the secretary of
state on or before 5:00 p.m. on the eleventh
Tuesday prior to the presidential primary
election a written statement, sworn to before an
officer authorized by law to administer oaths,
requesting that such candidate's name not be
printed on the official primary ballot.
Thereafter, the secretary of state shall not
include the name of that candidate in the
official list announced pursuant to section
115.758 or in the certified list of candidates
transmitted pursuant to section 115.765.
4. The filing times set out in this
section shall only apply to presidential
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.
80
preference primaries, and are in lieu of those
established in section 115.349. ]
[115.765. On or before the tenth Tuesday
prior to a presidential preference primary, t he
secretary of state shall transmit to each
election authority a certified list containing
the names of all candidates whose names shall
appear on the presidential preference primary
ballot of each party. The names of the
candidates shall appear in the order in which
their request to be included on the presidential
primary ballot was received in the office of the
secretary of state, except that, in the case of
candidates who file a request to be included on
the presidential primary ballot with the
secretary of state prior to 5:00 p.m. on the
first day for filing, the secretary of state
shall determine by random drawing the order in
which such candidates' names shall appear on the
ballot. The drawing shall be conducted so that
each candidate, or candidate's representative,
may draw a number at random at the time of
filing. The secretary of state shall record the
number drawn with the candidate's request to be
included on the presidential primary ballot.
The names of candidates filing on the first day
for filing on each party ballot shall be listed
in ascending order of the numbers so drawn. ]
[115.767. Each election authority shall
cause the name of candidates certified by the
secretary of state to appear on the pr esidential
preference primary ballot of each party,
followed by a listing for an uncommitted vote. ]
[115.770. The conduct of the presidential
preference primary election and the count and
canvass of the votes cast therein shall conform
as nearly as is practicable to that prescribed
for the conduct of the primary election for
state officers. All primary election laws not
inconsistent with the provisions of sections
115.750 to 115.785 shall be applicable to the
conduct of this elec tion, and the form of the
ballot insofar as is practicable shall be
substantially as that prescribed by section
115.395. In a presidential preference primary,
each voter shall be entitled to receive the
ballot of one and only one established politica l
party, designated by the voter before receiving
such voter's ballot. Each voter who
participates in a presidential preference
primary shall be entitled to vote on all
questions and for any candidates submitted by
political subdivisions and special districts at
the general municipal election. Each voter who
does not wish to participate in a presidential
preference primary may vote on all questions and
for any candidates submitted by a political
81
subdivision or special district at the general
municipal election.]
[115.773. After the count and canvass of
the votes cast, the secretary of state shall
notify the state chair of each of the
established political parties for whom a
candidate was listed, of the number of votes
recorded in that established political party's
primary that each candidate and uncommitted
listing received.]
[115.776. The state party organization
which is the state organization recognized by
the national organization of that establishe d
political party shall, after the primary and
before the national convention, conduct a series
of caucuses culminating in congressional and
state conventions. Delegates to the national
conventions shall be chosen at the congressional
district and state conventions pursuant to rules
established by the political parties. ]
[115.785. All costs of a presidential
preference primary shall be paid by the state,
except that, pursuant to section 115.065, costs
shall be shared proportionat ely by the state and
any political subdivisions and special districts
holding an election on the same day as any such
primary. For any county with more than five
hundred polling places, the state shall assist
in assuring adequate poll workers and equ ipment.]