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Missouri Senate Bill SB654

Missouri 2022 Regular Session

Missouri Senate Bill SB654 Compare Versions

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1-
2-EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3-and is intended to be omitted in the law.
4-SECOND REGULAR SESSION
5-SENATE COMMITTEE SUBSTITUTE FOR
1+4383S.05C
2+ 1
3+SENATE COMMITTEE SUBSTITUTE
4+FOR
65 SENATE BILL NO. 654
7-101ST GENERAL ASSEMBLY
8-4383S.05C ADRIANE D. CROUSE, Secretary
96 AN ACT
10-To repeal sections 115.013, 115.031, 115.045, 115.051, 115.081, 115.085, 115.105, 115.123,
11-115.135, 115.151, 115.157, 115.160, 115.165, 115.205, 115.225, 115.237, 115.257,
12-115.275, 115.277, 115.279, 115.283, 115.285, 115.287, 115.291, 115.302, 115.349,
13-115.351, 115.417, 115.427, 115.435, 115.447, 115.652, 115.755, 115.758, 115.761,
14-115.765, 115.767, 115.770, 115.773, 115.776, 115.785, 115.902, 115.904, and
15-115.960, RSMo, and to enact in lieu thereof thirty-eight new sections relating to
16-elections, with penalty provisions.
7+To repeal sections 115.013, 115.031, 115.045,
8+115.051, 115.081, 115.085, 115.105, 115.123, 115.135,
9+115.151, 115.157, 115.160, 115.165, 115.205, 115.225,
10+115.237, 115.257, 115.275, 115.277, 115.279, 115.283,
11+115.285, 115.287, 115.291, 115.302, 115.349, 115.351,
12+115.417, 115.427, 115.435, 115.447, 115.652, 115.755,
13+115.758, 115.761, 115.765, 115.767, 115.770, 115.773,
14+115.776, 115.785, 115.902, 115.904, and 115.960,
15+RSMo, and to enact in lieu thereof thirty -eight new
16+sections relating to elections, with penalty
17+provisions.
1718
1819 Be it enacted by the General Assembly of the State of Missouri, a s follows:
19- Section A. Sections 115.013, 115.031, 115.045, 115.051, 1
20-115.081, 115.085, 115.105, 115.123, 115.135, 115.151, 115.157, 2
21-115.160, 115.165, 115.205, 115.225, 115.237, 115.257, 115.275, 3
22-115.277, 115.279, 115.283, 115.285, 115.287, 115.291, 115.302, 4
23-115.349, 115.351, 115.417, 115.427, 115.435, 115.447, 115.652, 5
24-115.755, 115.758, 115.761, 115.765, 115.767, 115.770, 115.773, 6
25-115.776, 115.785, 115.902, 115.904, and 115.960, RSMo, are 7
26-repealed and thirty-eight new sections enacted in lieu thereof, 8
27-to be known as section s 28.960, 115.004, 115.013, 115.031, 9
28-115.045, 115.051, 115.081, 115.085, 115.105, 115.123, 115.135, 10
29-115.151, 115.157, 115.160, 115.165, 115.205, 115.225, 115.237, 11
30-115.257, 115.275, 115.277, 115.279, 115.283, 115.285, 115.286, 12
31-115.287, 115.291, 115.302, 115 .349, 115.351, 115.417, 115.427, 13
32-115.435, 115.447, 115.652, 115.902, 115.904, and 115.960, to 14
33-read as follows:15 SCS SB 654 2
34- 28.960. 1. The secretary of state shall have the 1
35-authority to, at his or her discretion, audit the list of 2
36-registered voters for any lo cal election authority to ensure 3
37-accuracy. 4
38- 2. Any audit conducted by the secretary of state 5
39-shall, at least quarterly, determine whether the local 6
40-election authority has performed the following voter 7
41-registration list maintenance activities, as r equired by law: 8
42- (1) Sending verification notices in accordance with 9
43-section 115.155; and 10
44- (2) Registering voters and removing names from the 11
45-voter registration system in accordance with section 12
46-115.158. 13
47- 3. After completing the audit, t he secretary of state 14
48-shall notify the local election authority in writing of any 15
49-maintenance updates that are required and shall advise the 16
50-local election authority they have ninety days to make 17
51-required updates. If, after ninety days, the secretary of 18
52-state determines that the local election authority has not 19
53-performed the required maintenance of voter registration 20
54-lists as required by law, the secretary of state's office 21
55-may withhold funds from the local election authority. 22
56- 115.004. The sections of this chapter and all related 1
57-rules and regulations shall not be amended or modified in 2
58-any manner in the twenty -six weeks preceding any 3
59-presidential election. 4
60- 115.013. As used in this chapter, unless the conte xt 1
61-clearly implies otherwise, the following terms mean: 2
62- (1) "Air-gap" or "air-gapped", a security measure in 3
63-which equipment is physically and technically isolated from 4
64-any network and is not directly connected to the internet 5
65-nor is it connected to any other system that is connected to 6 SCS SB 654 3
66-the internet. Data can only be passed to an air -gapped 7
67-device physically via a USB or other removable media; 8
68- (2) "Automatic tabulating equipment", the apparatus 9
69-necessary to examine and automatically coun t votes, and the 10
70-data processing machines which are used for counting votes 11
71-and tabulating results and which are air-gapped and not 12
72-physically able to be connected to a network ; 13
73- [(2)] (3) "Ballot", the [ballot card,] paper ballot, 14
74-or ballot designed for use with an electronic voting system 15
75-on which each voter may cast all votes to which he or she is 16
76-entitled at an election; 17
77- [(3)"Ballot card", a ballot which is voted by making a 18
78-mark which can be tabulated by automatic tabulating 19
79-equipment; ] 20
80- (4) "Ballot label", the card, paper, booklet, page, or 21
81-other material containing the names of all offices and 22
82-candidates and statements of all questions to be voted on; 23
83- (5) "Counting location", a location selected by the 24
84-election authority for the automatic processing or counting, 25
85-or both, of ballots; 26
86- (6) "County", any county in this state or any city not 27
87-within a county; 28
88- (7) "Disqualified", a determination made by a court of 29
89-competent jurisdiction, the Missouri ethics com mission, an 30
90-election authority or any other body authorized by law to 31
91-make such a determination that a candidate is ineligible to 32
92-hold office or not entitled to be voted on for office; 33
93- (8) "District", an area within the state or within a 34
94-political subdivision of the state from which a person is 35
95-elected to represent the area on a policy -making body with 36
96-representatives of other areas in the state or political 37
97-subdivision; 38 SCS SB 654 4
98- (9) "Electronic voting machine", any part of an air- 39
99-gapped electronic voting system on which a voter is able to 40
100-cast a ballot under this chapter; 41
101- (10) "Electronic voting system", a system of casting 42
102-votes by use of marking devices, and counting votes by use 43
103-of automatic air-gapped tabulating or air-gapped data 44
104-processing equipment, including computerized voting systems 45
105-that mark or tabulate ballots ; 46
106- (11) "Established political party" for the state, a 47
107-political party which, at either of the last two general 48
108-elections, polled for its candidate for any stat ewide office 49
109-more than two percent of the entire vote cast for the 50
110-office. "Established political party" for any district or 51
111-political subdivision shall mean a political party which 52
112-polled more than two percent of the entire vote cast at 53
113-either of the last two elections in which the district or 54
114-political subdivision voted as a unit for the election of 55
115-officers or representatives to serve its area; 56
116- (12) "Federal office", the office of presidential 57
117-elector, United States senator, or representat ive in 58
118-Congress; 59
119- (13) "Independent", a candidate who is not a candidate 60
120-of any political party and who is running for an office for 61
121-which political party candidates may run; 62
122- (14) "Major political party", the political party 63
123-whose candidates received the highest or second highest 64
124-number of votes at the last general election; 65
125- (15) "Marking device", any [approved] device approved 66
126-by the secretary of state under section 115.225 which will 67
127-enable the votes to be counted by automatic tabu lating 68
128-equipment; 69 SCS SB 654 5
129- (16) "Municipal" or "municipality", a city, village, 70
130-or incorporated town of this state; 71
131- (17) "New party", any political group which has filed 72
132-a valid petition and is entitled to place its list of 73
133-candidates on the ballot at the next general or special 74
134-election; 75
135- (18) "Nonpartisan", a candidate who is not a candidate 76
136-of any political party and who is running for an office for 77
137-which party candidates may not run; 78
138- (19) "Political party", any established political 79
139-party and any new party; 80
140- (20) "Political subdivision", a county, city, town, 81
141-village, or township of a township organization county; 82
142- (21) "Polling place", the voting place designated for 83
143-all voters residing in one or more precincts for any 84
144-election; 85
145- (22) "Precincts", the geographical areas into which 86
146-the election authority divides its jurisdiction for the 87
147-purpose of conducting elections; 88
148- (23) "Public office", any office established by 89
149-constitution, statute or charter and any employment under 90
150-the United States, the state of Missouri, or any political 91
151-subdivision or special district thereof, but does not 92
152-include any office in the Missouri state defense force or 93
153-the National Guard or the office of notary public or city 94
154-attorney in cities of the third classification or cities of 95
155-the fourth classification; 96
156- (24) "Question", any measure on the ballot which can 97
157-be voted "YES" or "NO"; 98
158- (25) "Relative within the second degree by 99
159-consanguinity or affinity", a spouse, p arent, child, 100 SCS SB 654 6
160-grandparent, brother, sister, grandchild, mother -in-law, 101
161-father-in-law, daughter-in-law, or son-in-law; 102
162- (26) "Special district", any school district, water 103
163-district, fire protection district, hospital district, 104
164-health center, nursin g district, or other districts with 105
165-taxing authority, or other district formed pursuant to the 106
166-laws of Missouri to provide limited, specific services; 107
167- (27) "Special election", elections called by any 108
168-school district, water district, fire protectio n district, 109
169-or other district formed pursuant to the laws of Missouri to 110
170-provide limited, specific services; and 111
171- (28) "Voting district", the one or more precincts 112
172-within which all voters vote at a single polling place for 113
173-any election. 114
174- 115.031. Each election commissioner shall be a 1
175-registered voter and a resident of the jurisdiction for 2
176-which he or she is appointed [for at least one year 3
177-preceding his appointment ]. During his term of office, no 4
178-commissioner shall hold any statutory position within a 5
179-political party or on a political committee, be a candidate 6
180-for political office or hold any other public office. 7
181- 115.045. Each election authority shall have the 1
182-authority to employ such attorne ys and other employees as 2
183-may be necessary to promptly and correctly perform the 3
184-duties of the election authority. Where an electronic 4
185-voting system or voting machines are used, the election 5
186-authority shall designate competent employees to have 6
187-custody of and supervise maintenance of the voting 7
188-equipment. Board of election commissioners' employees shall 8
189-be subject to the same restrictions and subscribe the same 9
190-oath as members of the board of election commissioners, 10
191-except that no employee of a b oard of election commissioners 11 SCS SB 654 7
192-shall be required to post bond or reside and be a registered 12
193-voter within the jurisdiction of the election authority 13
194-unless directed to do so by the board. Employee oaths and 14
195-any bonds shall be filed and preserved in the office of the 15
196-board. 16
197- 115.051. 1. In each county which does not have a 1
198-board of election commissioners, the county clerk shall have 2
199-the right to employ such deputies and assistants as are 3
200-necessary to promptly and correctly registe r voters and 4
201-conduct elections. Where an electronic voting system or 5
202-voting machines are used, the county clerk shall designate 6
203-competent employees to have custody of and supervise 7
204-maintenance of the voting equipment. Each deputy shall be 8
205-subject to the same restrictions and subscribe the same oath 9
206-as the county clerk, except that no employee shall be 10
207-required to post bond or reside and be a registered voter 11
208-within the jurisdiction of the election authority unless 12
209-directed to do so by the clerk. Employee oaths and any 13
210-bonds shall be filed and preserved in the office of the 14
211-county clerk. 15
212- 2. Within the total amount for deputies and assistants 16
213-approved by the county commission, the salary of each deputy 17
214-and assistant shall be set by the co unty clerk. 18
215- 115.081. 1. Each election authority shall appoint 1
216-election judges for each polling place within its 2
217-jurisdiction in accordance with the provisions of this 3
218-section. 4
219- 2. In all primary and general elections, the elect ion 5
220-authority shall appoint at least two judges from each major 6
221-political party to serve at each polling place. The 7
222-committee of each major political party within the 8
223-jurisdiction of an election authority is authorized to 9 SCS SB 654 8
224-provide the election authori ty with a list of election judge 10
225-candidates who meet the requirements under section 115.085. 11
226-The candidates shall not be required to reside within the 12
227-jurisdiction of the election authority, as authorized under 13
228-section 115.085. If a committee of a ma jor political party 14
229-within the jurisdiction of an election authority fails to 15
230-provide the prescribed number of qualified names to fill all 16
231-election judge positions before the date established by the 17
232-election authority, the election authority may select judges 18
233-to fill the positions as provided by law. If the election 19
234-authority determines that a name submitted by a committee of 20
235-a major political party is not qualified to serve as an 21
236-election judge, the election authority shall allow the party 22
237-to submit another name before filling the position as 23
238-provided by law. No major political party shall have a 24
239-majority of the judges at any polling place. No established 25
240-party shall have a greater number of judges at any polling 26
241-place than any major politic al party. 27
242- 3. In any election that is not a primary or general 28
243-election, the election authority shall appoint at least one 29
244-judge from each major political party to serve at each 30
245-polling place. No major political party shall have a 31
246-majority of the judges at any polling place. No established 32
247-party shall have a greater number of judges at any polling 33
248-place than any major political party. 34
249- 4. The election authority shall designate two of the 35
250-judges appointed for each polling place, one from e ach major 36
251-political party, as supervisory judges. Supervisory judges 37
252-shall be responsible for the return of election supplies 38
253-from the polling place to the election authority and shall 39
254-have any additional duties prescribed by the election 40
255-authority. 41 SCS SB 654 9
256- 5. Election judges may be employed to serve for the 42
257-first half or last half of any election day. Such judges 43
258-shall be paid one-half the regular rate of pay. If part- 44
259-time judges are employed, the election authority shall 45
260-employ such judges and s hall see that a sufficient number 46
261-for each period are present at all times so as to have the 47
262-proper total number of judges present at each polling place 48
263-throughout each election day. The election authority shall 49
264-require that at each polling place at l east one election 50
265-judge from each political party serve a full day and that at 51
266-all times during the day there be an equal number of 52
267-election judges from each political party. 53
268- 6. An election authority may appoint additional 54
269-election judges represe nting other established political 55
270-parties and additional election judges who do not claim a 56
271-political affiliation. Any question which requires a 57
272-decision by the majority of judges shall only be made by the 58
273-judges from the major political parties. 59
274- 115.085. No person shall be appointed to serve as an 1
275-election judge who is not a registered voter in this state [; 2
276-provided that, before any election authority may appoint 3
277-judges who are registered voters of another election 4
278-authority's jurisdiction, the election authority shall 5
279-obtain the written consent of the election authority for the 6
280-jurisdiction where the prospective judges are registered to 7
281-vote]. Each election judge shall be a person of good repute 8
282-and character who can speak, read, and write the English 9
283-language. No person shall serve as an election judge at any 10
284-polling place in which his or her name or the name of a 11
285-relative within the second degree, by consanguinity or 12
286-affinity, appears on the ballot. However, no relative of 13
287-any unopposed candidate shall be disqualified from serving 14 SCS SB 654 10
288-as an election judge in any election jurisdiction of the 15
289-state. No election judge shall, during his or her term of 16
290-office, hold any other elective public office, other than as 17
291-a member of a political party committee or township office, 18
292-except any person who is elected to a board or commission of 19
293-a political subdivision or special district may serve as an 20
294-election judge except at a polling place where such 21
295-political subdivision or special district has an issue or 22
296-candidate on the ballot. In any county having a population 23
297-of less than two hundred fifty thousand inhabitants, any 24
298-candidate for the county committee of a political party who 25
299-is not a candidate for any other offic e and who is unopposed 26
300-for election as a member of the committee shall not be 27
301-disqualified from serving as an election judge. 28
302- 115.105. 1. The chair of the county committee of each 1
303-political party named on the ballot shall have the r ight to 2
304-designate a challenger for each polling place, who may be 3
305-present until all ballots are cast on the day of election, 4
306-and a challenger for each location at which absentee ballots 5
307-are counted, who may be present while the ballots are being 6
308-prepared for counting and counted. No later than four 7
309-business days before the election, the chair of each county 8
310-committee of each political party named on the ballot shall 9
311-provide signed official designation forms with the names of 10
312-the designated challen gers and substitutes to the local 11
313-election authority for confirmation of eligibility to serve 12
314-as a challenger. The local election authority, after 13
315-verifying the eligibility of each designated and substitute 14
316-challenger, shall sign off on the official d esignation 15
317-forms, unless the challenger is found not to have the 16
318-qualifications established by subsection 5 of this section. 17
319-If the election authority determines that a challenger does 18 SCS SB 654 11
320-not meet the qualifications of subsection 5 of this section, 19
321-the designating party chair may designate a replacement 20
322-challenger and provide the local election authority with the 21
323-name of the replacement challenger before 5:00 p.m. of the 22
324-Monday preceding the election. The designating chair may 23
325-substitute challengers at his or her discretion during such 24
326-hours. 25
327- 2. Challenges may only be made when the challenger 26
328-believes the election laws of this state have been or will 27
329-be violated, and each challenger shall report any such 28
330-belief to the election judges, or to the election authority 29
331-if not satisfied with the decision of the election judges. 30
332- 3. Prior to the close of the polls, challengers may 31
333-list and give out the names of those who have voted. The 32
334-listing and giving out of names of those who have vote d by a 33
335-challenger shall not be considered giving information 34
336-tending to show the state of the count. 35
337- 4. [In a presidential primary election, challengers 36
338-may collect information about the party ballot selected by 37
339-the voter and may disclose party a ffiliation information 38
340-after the polls close. 39
341- 5.] All persons selected as challengers shall have the 40
342-same qualifications required by section 115.085 for election 41
343-judges, except that such challenger shall be a registered 42
344-voter in the jurisdiction of the election authority for 43
345-which the challenger is designated as a challenger. 44
346- [6.] 5. Any challenge by a challenger to a voter's 45
347-identification for validity shall be made only to the 46
348-election judges or other election authority. If the poll 47
349-challenger is not satisfied with the decision of the 48
350-election judges, then he or she may report his or her belief 49
351-that the election laws of this state have been or will be 50 SCS SB 654 12
352-violated to the election authority as allowed under this 51
353-section. 52
354- 115.123. 1. All public elections shall be held on 1
355-Tuesday. Except as provided in subsections 2 and 3 of this 2
356-section, and section 247.180, all public elections shall be 3
357-held on the general election day, the primary election day, 4
358-the general municipal election day, the first Tuesday after 5
359-the first Monday in November, or on another day expressly 6
360-provided by city or county charter, and in nonprimary years 7
361-on the first Tuesday after the first Monday in August. Bond 8
362-elections may be held on the first Tuesday after the first 9
363-Monday in February but no other issue shall be included on 10
364-the ballot for such election. 11
365- 2. [Notwithstanding the provisions of subsection 1 of 12
366-this section, an election for a presidential primary held 13
367-pursuant to sections 115.755 to 115.785 shall be held on the 14
368-second Tuesday after the first Monday in March of each 15
369-presidential election year. 16
370- 3.] The following elections shall be exempt from the 17
371-provisions of subsection 1 of this section: 18
372- (1) Bond elections necessitated by fire, vandalism or 19
373-natural disaster; 20
374- (2) Elections for which ownership of real property is 21
375-required by law for voting; 22
376- (3) Special elections to fill vacancies and to decide 23
377-tie votes or election contests; and 24
378- (4) Tax elections necessitated by a financial hardship 25
379-due to a five percent or greater decline in per -pupil state 26
380-revenue to a school district from the previous year. 27
381- [4.] 3. Nothing in this section prohibits a charter 28
382-city or county from having its pr imary election in March if 29 SCS SB 654 13
383-the charter provided for a March primary before August 28, 30
384-1999. 31
385- [5.] 4. Nothing in this section shall prohibit 32
386-elections held pursuant to section 65.600, but no other 33
387-issues shall be on the March ballot except pursuant to this 34
388-chapter. 35
389- 115.135. 1. Any person who is qualified to vote, or 1
390-who shall become qualified to vote on or before the day of 2
391-election, shall be entitled to register in the jurisdiction 3
392-within which he or she resides. In order to vote in any 4
393-election for which registration is required, a person must 5
394-be registered to vote in the [jurisdiction of his or her 6
395-residence] state of Missouri no later than 5:00 p.m., or the 7
396-normal closing time of any public building where the 8
397-registration is being held if such time is later than 5:00 9
398-p.m., on the fourth Wednesday prior to the election, unless 10
399-the voter is an interstate former resident, [an intrastate 11
400-new resident,] a new resident, or a covered voter, as 12
401-defined in section 115.275 . [Except as provided in 13
402-subsection 4 of this section, in no case shall registration 14
403-for an election extend beyond 10:00 p.m. on the fourth 15
404-Wednesday prior to the election. ] Any person registering 16
405-after such date shall be eligible to vote in subseque nt 17
406-elections. 18
407- 2. A person applying to register with an election 19
408-authority or a deputy registration official shall identify 20
409-himself or herself by presenting a copy of a birth 21
410-certificate, a Native American tribal document, other proof 22
411-of United States citizenship, a valid Missouri drivers 23
412-license or other form of personal identification at the time 24
413-of registration. 25 SCS SB 654 14
414- 3. Except as provided in federal law or federal 26
415-elections and in section 115.277, no person shall be 27
416-entitled to vote if the person has not registered to vote in 28
417-the jurisdiction of his or her residence [prior to the 29
418-deadline to register to vote ]. 30
419- 4. A covered voter as defined in section 115.275 who 31
420-has been discharged from military service, has returned from 32
421-a military deployment or activation, or has separated from 33
422-employment outside the territorial limits of the United 34
423-States after the deadline to register to vote, and who is 35
424-otherwise qualified to register to vote, may register to 36
425-vote in an election in person before the election authority 37
426-until 5:00 p.m. on the Friday before such election. Such 38
427-persons shall produce sufficient documentation showing 39
428-evidence of qualifying for late registration pursuant to 40
429-this section. 41
430- 115.151. 1. Each qualified applicant who appears 1
431-before the election authority shall be deemed registered as 2
432-of the time the applicant's completed, signed and sworn 3
433-registration application is witnessed by the election 4
434-authority or deputy registration official. 5
435- 2. Each applicant who registers by mail shall be 6
436-deemed to be registered as of the date the application is 7
437-postmarked, if such application is accepted and not rejected 8
438-by the election authority and the verification notice 9
439-required pursuant to section 11 5.155 is not returned as 10
440-undeliverable by the postal service. 11
441- 3. Each applicant who registers at a voter 12
442-registration agency or the division of motor vehicle and 13
443-drivers licensing of the department of revenue shall be 14
444-deemed to be registered as o f the date the application is 15
445-signed by the applicant, if such application is accepted and 16 SCS SB 654 15
446-not rejected by the election authority and the verification 17
447-notice required pursuant to section 115.155 is not returned 18
448-as undeliverable by the postal service. Voter registration 19
449-agencies [and the division of motor vehicle and drivers 20
450-licensing of the department of revenue ] shall transmit voter 21
451-registration application forms to the appropriate election 22
452-authority not later than five business days after the for m 23
453-is completed by the applicant. 24
454- 115.157. 1. The election authority may place all 1
455-information on any registration cards in computerized form 2
456-in accordance with section 115.158. No election authority 3
457-or secretary of state shall fur nish to any member of the 4
458-public electronic media or printout showing any registration 5
459-information, except as provided in this section. Except as 6
460-provided in subsection 2 of this section, the election 7
461-authority or secretary of state shall make availab le 8
462-electronic media or printouts showing only unique voter 9
463-identification numbers, voters' names, [dates] year of 10
464-birth, addresses, townships or wards, and precincts. 11
465-Electronic data shall be maintained in at least the 12
466-following separate fields: 13
467- (1) Voter identification number; 14
468- (2) First name; 15
469- (3) Middle initial; 16
470- (4) Last name; 17
471- (5) Suffix; 18
472- (6) Street number; 19
473- (7) Street direction; 20
474- (8) Street name; 21
475- (9) Street suffix; 22
476- (10) Apartment number; 23
477- (11) City; 24 SCS SB 654 16
478- (12) State; 25
479- (13) Zip code; 26
480- (14) Township; 27
481- (15) Ward; 28
482- (16) Precinct; 29
483- (17) Senatorial district; 30
484- (18) Representative district; 31
485- (19) Congressional district. 32
486- 2. All election authorities shall en ter voter history 33
487-in their computerized registration systems and shall, not 34
488-more than [six] three months after the election, forward 35
489-such data to the Missouri voter registration system 36
490-established in section 115.158. In addition, election 37
491-authorities shall forward registration and other data in a 38
492-manner prescribed by the secretary of state to comply with 39
493-the Help America Vote Act of 2002. 40
494- 3. Except as provided in subsection 6 of this section, 41
495-the election authority shall furnish, for a fee, e lectronic 42
496-media or a printout showing only the names, [dates] year of 43
497-birth and addresses of voters, or any part thereof, within 44
498-the jurisdiction of the election authority who voted in any 45
499-specific election, including primary elections, by township, 46
500-ward or precinct, provided that nothing in this chapter 47
501-shall require such voter information to be released to the 48
502-public over the internet and shall not be used for 49
503-commercial purposes. 50
504- 4. [Except as provided in subsection 6 of this 51
505-section, upon a request by a candidate, a duly authorized 52
506-representative of a campaign committee, or a political party 53
507-committee, the secretary of state shall furnish, for a fee 54
508-determined by the secretary of state and in compliance with 55
509-section 610.026, media in a n electronic format or, if so 56 SCS SB 654 17
510-requested, in a printed format, showing the names, 57
511-addresses, and voter identification numbers of voters within 58
512-the jurisdiction of a specific election authority who 59
513-applied for an absentee ballot under section 115.279 for any 60
514-specific election involving a ballot measure or an office 61
515-for which the declaration of candidacy is required to be 62
516-filed with the secretary of state pursuant to section 63
517-115.353, including primary elections, by township, ward, or 64
518-precinct. Nothing in this section shall require such voter 65
519-information to be released to the public over the internet. 66
520-For purposes of this section, the terms "candidate", 67
521-"campaign committee", and "political party committee" shall 68
522-have the same meaning given to such terms in section 130.011. 69
523- 5.] The amount of fees charged for information 70
524-provided in this section shall be established pursuant to 71
525-chapter 610. All revenues collected by the secretary of 72
526-state pursuant to this section shall be deposited in the 73
527-state treasury and credited to the secretary of state's 74
528-technology trust fund account established pursuant to 75
529-section 28.160. [In even-numbered years, each election 76
530-authority shall, upon request, supply the voter registration 77
531-list for its jurisdiction to all candidates and party 78
532-committees for a charge established pursuant to chapter 79
533-610. Except as provided in subsection 6 of this section, 80
534-all election authorities shall make the information 81
535-described in this section available pursuant to chapter 82
536-610. Any election authority who fails to comply with the 83
537-requirements of this section shall be subject to the 84
538-provisions of chapter 610. 85
539- 6.] 5. Any person working as an undercover officer of 86
540-a local, state or federal law enforcement agency, perso ns in 87
541-witness protection programs, and victims of domestic 88 SCS SB 654 18
542-violence and abuse who have received orders of protection 89
543-pursuant to chapter 455 shall be entitled to apply to the 90
544-circuit court having jurisdiction in his or her county of 91
545-residence to have the residential address on his or her 92
546-voter registration records closed to the public if the 93
547-release of such information could endanger the safety of the 94
548-person. Any person working as an undercover agent or in a 95
549-witness protection program shall also s ubmit a statement 96
550-from the chief executive officer of the agency under whose 97
551-direction he or she is serving. The petition to close the 98
552-residential address shall be incorporated into any petition 99
553-for protective order provided by circuit clerks pursuant to 100
554-chapter 455. If satisfied that the person filing the 101
555-petition meets the qualifications of this subsection, the 102
556-circuit court shall issue an order to the election authority 103
557-to keep the residential address of the voter a closed record 104
558-and the address may be used only for the purposes of 105
559-administering elections pursuant to this chapter. The 106
560-election authority may require the voter who has a closed 107
561-residential address record to verify that his or her 108
562-residential address has not changed or to file a change of 109
563-address and to affirm that the reasons contained in the 110
564-original petition are still accurate prior to receiving a 111
565-ballot. A change of address within an election authority's 112
566-jurisdiction shall not require that the voter file a new 113
567-petition. Any voter who no longer qualifies pursuant to 114
568-this subsection to have his or her residential address as a 115
569-closed record shall notify the circuit court. Upon such 116
570-notification, the circuit court shall void the order closing 117
571-the residential address and so notify the election authority. 118
572- 115.160. 1. All Missouri driver's license applicants 1
573-shall receive a voter registration application form as a 2 SCS SB 654 19
574-simultaneous part of the application for a driver's license, 3
575-renewal of driver's lic ense, change of address, duplicate 4
576-request and a nondriver's license. 5
577- 2. If a single application form is used, the voter 6
578-registration application portion of any application 7
579-described in subsection 1 of this section may not require 8
580-any information that duplicates information required in the 9
581-driver's license portion of the form, except a second 10
582-signature or other information required by law. 11
583- 3. After conferring with the secretary of state as the 12
584-chief state election official responsible for overseeing of 13
585-the voter registration process, the director of revenue 14
586-shall adopt rules and regulations pertaining to the format 15
587-of the voter registration application used by the 16
588-department. The director of revenue shall utilize 17
589-electronic voter reg istration application forms and provide 18
590-for secure electronic transfer of voter registration 19
591-information to election authorities. The secretary of state 20
592-and the director of revenue shall ensure the confidentiality 21
593-and integrity of the voter registrati on data collected, 22
594-maintained, received, or transmitted under this section. 23
595- 4. No information relating to the failure of an 24
596-applicant for a driver's license or nondriver's license to 25
597-sign a voter registration application may be used for any 26
598-purpose other than voter registration. 27
599- 5. Any voter registration application received 28
600-pursuant to the provisions of this section shall be 29
601-forwarded, in a secure and electronic manner, to the 30
602-election authority located within that county or any city 31
603-not within a county, or if there is more than one election 32
604-authority within the county, then to the election authority 33
605-located nearest to the location where the driver's license 34 SCS SB 654 20
606-application was received. Voter registration information, 35
607-including an electronic image of the signature of the 36
608-applicant, shall be transmitted in a format compatible with 37
609-the Missouri voter registration system established in 38
610-section 115.158 that allows for review by the election 39
611-authority and does not require the election au thority to 40
612-manually reenter the information, provided that the election 41
613-authority shall print out a paper copy of the information 42
614-and retain such information in the manner required by 43
615-section 115.145. The election authority receiving the 44
616-application forms shall review the applications and forward , 45
617-in a secure and electronic manner, any applications 46
618-pertaining to a different election authority to that 47
619-election authority. 48
620- 6. A completed voter registration application accepted 49
621-in the driver's licensing process shall be transmitted to 50
622-the election authority described in subsection 5 of this 51
623-section not later than [five] three business days after the 52
624-form is completed by the applicant. 53
625- 7. Any person registering to vote when applying for o r 54
626-renewing a Missouri driver's license shall submit with the 55
627-application form a copy of a birth certificate, a Native 56
628-American tribal document, or other proof of United States 57
629-citizenship, a valid Missouri driver's license, or other 58
630-form of personal identification. Any person who, at the 59
631-time of a transaction with the division of motor vehicle and 60
632-driver licensing of the department of revenue, provides a 61
633-document that establishes noncitizenship shall not be 62
634-offered the opportunity to register to v ote as part of the 63
635-transaction. 64
636- 115.165. 1. If the voter files a change of address 1
637-application in person at the office of the election 2 SCS SB 654 21
638-authority, at the polling place, or pursuant to section 3
639-115.159, 115.160, 115.162 or 115.193, or otherwise provides 4
640-signed written notice of the move, including notice by 5
641-facsimile, electronic, or online transmission, an election 6
642-authority may change the address on a voter registration 7
643-record for a voter who moves within the election authority's 8
644-jurisdiction after comparing and verifying the signature. 9
645-Before changing the address on a voter record, the election 10
646-authority shall be satisfied that the record is that of the 11
647-person providing the change of address information. 12
648- 2. A registered voter who has changed his or her 13
649-residence within an election authority's jurisdiction and 14
650-has not been removed from the list of registered voters 15
651-pursuant to this chapter shall be permitted to file a change 16
652-of address with the election authority or b efore an election 17
653-judge at a polling place and vote at a central polling place 18
654-or at the polling place that serves his or her new address 19
655-upon written or oral affirmation by the voter of the new 20
656-address. 21
657- 3. A registered voter who has changed his or her 22
658-residence within the state and has not been removed from the 23
659-list of registered voters under this chapter shall be 24
660-permitted to file a change of address in person at the 25
661-office of the election authority on election day. In order 26
662-to change an address in person on election day under this 27
663-subsection, a registered voter shall provide a form of 28
664-personal photo identification required under subsection 1 of 29
665-section 115.427. 30
666- 4. If the applicant for registration was last 31
667-registered in another j urisdiction within this state or 32
668-another state, the election authority shall send notice of 33
669-the registration to the election authority where the 34 SCS SB 654 22
670-applicant was previously registered. The election authority 35
671-sending the notice shall provide identifying i nformation to 36
672-assist the election authority receiving the notice to 37
673-determine whether the person named was previously registered 38
674-in such jurisdiction and whether, based on the identifying 39
675-information provided, the application can be removed from 40
676-the voting record in the former jurisdiction. 41
677- [4.] 5. Upon receipt of a notice from another election 42
678-authority that a voter has registered in another 43
679-jurisdiction in this state or another state, the election 44
680-authority shall determine whether sufficient information is 45
681-provided in the notice to identify the person named in such 46
682-notice as previously registered in the election authority's 47
683-jurisdiction and presently removable from the voting records 48
684-in the election authority's jurisdiction. Every election 49
685-authority is authorized to examine the information provided 50
686-in a notice of duplicate registration provided by the 51
687-Missouri voter registration system authorized pursuant to 52
688-section 115.158 to determine if a voter in one election 53
689-authority's voter re gistration records has subsequently 54
690-registered in another jurisdiction. If, after reviewing the 55
691-information provided, the election authority is satisfied 56
692-that the person identified in the notice is listed as a 57
693-registered voter in the election authorit y's jurisdiction 58
694-but has subsequently registered in another jurisdiction, the 59
695-election authority may remove the person's registration from 60
696-the list of registered voters. 61
697- 115.205. 1. [Any] No person [who is] shall be paid or 1
698-otherwise compensated for soliciting [more than ten] voter 2
699-registration applications, other than a governmental entity 3
700-or a person who is paid or compensated by a governmental 4
701-entity for such solicitation [, shall be registered with the 5 SCS SB 654 23
702-secretary of state as a voter registration solicitor ]. A 6
703-voter registration solicitor who solicits more than ten 7
704-voter registration applications shall register for every 8
705-election cycle that begins on the day after the general 9
706-election and ends on the day of the general elec tion two 10
707-years later. A voter registration solicitor shall be at 11
708-least eighteen years of age and shall be a registered voter 12
709-in the state of Missouri. 13
710- 2. Each voter registration solicitor shall provide the 14
711-following information in writing to the secretary of state's 15
712-office: 16
713- (1) The name of the voter registration solicitor; 17
714- (2) The residential address, including street number, 18
715-city, state, and zip code; 19
716- (3) The mailing address, if different from the 20
717-residential address; and 21
718- (4) [Whether the voter registration solicitor expects 22
719-to be paid for soliciting voter registrations; 23
720- (5) If the voter registration solicitor expects to be 24
721-paid, the identity of the payor; or 25
722- (6)] The signature of the voter registration solicitor. 26
723- 3. The solicitor information required in subsection 2 27
724-of this section shall be submitted to the secretary of 28
725-state's office with the following oath and affirmation: 29
726- "I HEREBY SWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT 30
727-ALL STATEMENTS MADE BY ME ARE TRUE AND CORRECT.". 31
728- 4. Any voter registration solicitor who knowingly 32
729-fails to register with the secretary of state is guilty of a 33
730-class three election offense. Voter registration 34
731-applications shall be accepted by the election authority if 35
732-such applications are otherwise valid, even if the voter 36
733-registration solicitor who procured the applications fails 37 SCS SB 654 24
734-to register with or submits false information to the 38
735-secretary of state. 39
736- 115.225. 1. Before use by election authorities in 1
737-this state, the secretary of state shall approve the marking 2
738-devices and the automatic tabulating equipment used in 3
739-electronic voting systems and may promulgate rules and 4
740-regulations to implement the intent of sections 115.225 to 5
741-115.235. 6
742- 2. No electronic voting system shall be approved 7
743-unless it: 8
744- (1) Permits voting in absolute secrecy; 9
745- (2) Permits each voter to vote for as many candidates 10
746-for each office as a voter is lawfully entitled to vote for; 11
747- (3) Permits each voter to vote for or against as many 12
748-questions as a voter is lawfully entitled to vote on, and no 13
749-more; 14
750- (4) Provides facilities for each voter to cast as many 15
751-write-in votes for each office as a voter is lawfully 16
752-entitled to cast; 17
753- (5) Permits each voter in a primary election to vote 18
754-for the candidates of only one party announced by the voter 19
755-in advance; 20
756- (6) Permits each voter at a presidential election to 21
757-vote by use of a single mark for the candidates of one party 22
758-or group of petitioners for president, vice president and 23
759-their presidential electors; 24
760- (7) Accurately counts all proper votes cast for each 25
761-candidate and for and against each question; 26
762- (8) Is set to reject all votes, except write -in votes, 27
763-for any office and on any question when the number of votes 28
764-exceeds the number a voter is lawfully entitled to cast; 29 SCS SB 654 25
765- (9) Permits each voter, while voting, to clearly see 30
766-the ballot label; 31
767- (10) Has been tested and is certified by an 32
768-independent authority that meets the voting system standards 33
769-developed by the Federal Election Commission or its 34
770-successor agency. The provisions of this subdivision shall 35
771-not be required for any system purchased prior to August 28, 36
772-2002. 37
773- 3. The secretary of state shall promulgate rules and 38
774-regulations to allow the use of a computerized voting 39
775-system. The procedures shall provide for the use of a 40
776-computerized voting system with the ability to provide a 41
777-paper audit trail. Notwithstanding any provisions of this 42
778-chapter to the contrary, such a system may allow for the 43
779-storage of processed ballot materials in an electronic form. 44
780- 4. Any rule or portion of a rule, as that term is 45
781-defined in section 536.010, that is created under the 46
782-authority delegated in this section shall become effective 47
783-only if it complies with and is subject to all of the 48
784-provisions of chapter 536 and, if applicable, section 49
785-536.028. This section and chapter 536 are nonseverable and 50
786-if any of the powers vested with the general assembly 51
787-pursuant to chapter 536 to review, to delay the effective 52
788-date or to disapprove and annul a rule are subsequently held 53
789-unconstitutional, then the grant of rulemaking authority and 54
790-any rule proposed or adopted after August 28, 2002, shall be 55
791-invalid and void. 56
792- 5. If any election authority uses any touchscreen 57
793-direct-recording electronic vote -counting machine, the 58
794-election authority may continue to use such machine. Upon 59
795-the removal of such voting machine from the election 60
796-authority's inventory because of mechanical malfunction, 61 SCS SB 654 26
797-wear and tear, or any other reason, the machine shall not be 62
798-replaced and no additional direct -recording electronic 63
799-voting machine shall be added to the election authority's 64
800-inventory. Such machines shall n ot be used beginning 65
801-January 1, 2024. 66
802- 6. The secretary of state shall have authority to 67
803-require cyber security testing, including penetration 68
804-testing, of vendor machines, programs, and systems. Failure 69
805-to participate in such testing shall result in a revocation 70
806-of vendor certification. Upon notice from another 71
807-jurisdiction of cyber security failures or certification 72
808-withholds or revocation, the secretary of state shall have 73
809-authority to revoke or withhold certification for vendors. 74
810-The requirements of this section shall be subject to 75
811-appropriation for the purpose of cyber security testing. 76
812- 7. All election authorities and the secretary of state 77
813-shall be members of the Elections Infrastructure Information 78
814-Sharing and Analysis Center (EI-ISAC). If the EI-ISAC 79
815-ceases to exist, the secretary of state may designate a new 80
816-organization of which each election authority shall be a 81
817-member, provided such organization shall have substantially 82
818-the same purpose and mission as the EI -ISAC. 83
819- 115.237. 1. Each ballot printed or designed for use 1
820-with an electronic voting system for any election pursuant 2
821-to this chapter shall contain all questions and the names of 3
822-all offices and candidates certified or filed pursuant to 4
823-this chapter and no other. Beginning January 1, 2024, the 5
824-official ballot shall be a paper ballot that is hand marked 6
825-by the voter or by a paper ballot marking device as 7
826-authorized under section 115.225. As far as practicable, 8
827-all questions and the n ames of all offices and candidates 9
828-for which each voter is entitled to vote shall be printed on 10 SCS SB 654 27
829-one page except for the ballot for political party committee 11
830-persons in polling places not utilizing an electronic voting 12
831-system which may be printed separa tely and in conformity 13
832-with the requirements contained in this section. As far as 14
833-practicable, ballots containing only questions and the names 15
834-of nonpartisan offices and candidates shall be printed in 16
835-accordance with the provisions of this section, ex cept that 17
836-the ballot information may be listed in vertical or 18
837-horizontal rows. The names of candidates for each office 19
838-shall be listed in the order in which they are filed. 20
839- 2. In polling places using electronic voting systems, 21
840-the ballot information may be arranged in vertical or 22
841-horizontal rows or on a number of separate pages or 23
842-screens. In any event, the name of each candidate, the 24
843-candidate's party, the office for which he or she is a 25
844-candidate, and each question shall be indicated clear ly on 26
845-the ballot. 27
846- 3. Nothing in this subchapter shall be construed as 28
847-prohibiting the use of a separate paper ballot for questions 29
848-[or for the presidential preference primary ] in any polling 30
849-place using an electronic voting system. 31
850- 4. Where electronic voting systems are used and when 32
851-write-in votes are authorized by law, a write -in ballot, 33
852-which may be in the form of a separate paper ballot, card, 34
853-or envelope, may be provided by the election authority to 35
854-permit each voter to write in the names of persons whose 36
855-names do not appear on the ballot. 37
856- 5. No ballot printed or designed for use with an 38
857-electronic voting system for any partisan election held 39
858-under this chapter shall allow a person to vote a straight 40
859-political party ticket. For purposes of this subsection, a 41
860-"straight political party ticket" means voting for all of 42 SCS SB 654 28
861-the candidates for elective office who are on the ballot 43
862-representing a single political party by a single selection 44
863-on the ballot. 45
864- 6. The secretary of state shall promulgate rules that 46
865-specify uniform standards for ballot layout for each 47
866-electronic or computerized ballot counting system approved 48
867-under the provisions of section 115.225 so that the ballot 49
868-used with any counting system is, where possib le, consistent 50
869-with the intent of this section. Nothing in this section 51
870-shall be construed to require the format specified in this 52
871-section if it does not meet the requirements of the ballot 53
872-counting system used by the election authority. 54
873- 7. Any rule or portion of a rule, as that term is 55
874-defined in section 536.010, that is created under the 56
875-authority delegated in this section shall become effective 57
876-only if it complies with and is subject to all of the 58
877-provisions of chapter 536 and, if applicab le, section 59
878-536.028. This section and chapter 536 are nonseverable and 60
879-if any of the powers vested with the general assembly 61
880-pursuant to chapter 536 to review, to delay the effective 62
881-date or to disapprove and annul a rule are subsequently held 63
882-unconstitutional, then the grant of rulemaking authority and 64
883-any rule proposed or adopted after August 28, 2002, shall be 65
884-invalid and void. 66
885- 115.257. 1. In jurisdictions where electronic voting 1
886-machines are used, the election authority sha ll cause the 2
887-voting machines to be put in order, set, adjusted and made 3
888-ready for voting before they are delivered to polling places. 4
889- 2. At least five days before preparing electronic 5
890-voting machines for any election, notice of the time and 6
891-place of such preparation shall be mailed to each 7
892-independent candidate and the chairman of the county 8 SCS SB 654 29
893-committee of each established political party named on the 9
894-ballot. The preparation shall be watched by two observers 10
895-designated by the election authority , one from each major 11
896-political party, and shall be open to representatives of the 12
897-political parties, candidates, the news media and the public. 13
898- 3. When an electronic voting machine has been examined 14
899-by such observers and shown to be in good worki ng order, the 15
900-machine shall be locked against voting. The observers shall 16
901-certify the vote count on each machine is set at zero. 17
902- 4. After an electronic voting machine has been 18
903-properly prepared and locked, its keys shall be retained by 19
904-the election authority and delivered to the election judges 20
905-along with the other election supplies. 21
906- 5. For the purpose of processing absentee ballots, 22
907-cast by voters in person in the office of the election 23
908-authority that is deemed designated as a polling p lace, the 24
909-election authority may cause voting machines , if used, to be 25
910-put in order, set, adjusted, tested, and made ready for 26
911-voting within one business day of the printing of absentee 27
912-ballots as provided in section 115.281. The election 28
913-authority shall have the recording counter except for the 29
914-protective counter on the voting machine set to zero (000). 30
915-After the voting machines have been made ready for voting, 31
916-the election authority shall not permit any person to handle 32
917-any voting machine, exce pt voters while they are voting and 33
918-others expressly authorized by the election authority. The 34
919-election authority shall neither be nor permit any other 35
920-person to be in any position or near any position that 36
921-enables the authority or person to see how a ny absentee 37
922-voter votes or has voted. 38
923- 6. Nothing in this section shall prohibit the on -site 39
924-storage of electronic voting machines and the preparation of 40 SCS SB 654 30
925-the electronic machines for voting, provided the electronic 41
926-voting machines are put in order, set, adjusted and made 42
927-ready for voting as provided in subsections 1, 2, 3, 4, and 43
928-5 of this section. 44
929- 115.275. As used in sections 115.275 to 115.304, 1
930-unless the context clearly indicates otherwise, the 2
931-following terms shall mean: 3
932- (1) "Absentee ballot", any [of the ballots] ballot a 4
933-person is authorized to cast [away from a polling place ] in 5
934-the office of the election authority, by mail, or at another 6
935-authorized location designated by the election authority 7
936-pursuant to the provisions of sections 115.275 to 115.304; 8
937- (2) "Covered voter": 9
938- (a) A uniformed services voter who is registered to 10
939-vote in this state; 11
940- (b) A uniformed services voter defined in this section 12
941-whose voting residence is in this state and who otherwise 13
942-satisfies this state's voter eligibility requirements; 14
943- (c) An overseas voter; 15
944- (d) Civilian employees of the United States government 16
945-working outside the boundaries of the United States, and 17
946-their spouses and dependents; 18
947- (e) Active members of religious or welfare 19
948-organizations assisting servicemen, and their spouses and 20
949-dependents; or 21
950- (f) Persons who have been honorably discharged from 22
951-the Armed Forces, including the Space Force, or who have 23
952-terminated their servi ce or employment in any group 24
953-mentioned in this section within sixty days of an election, 25
954-and their spouses and dependents; 26
955- (3) "Interstate former resident", a former resident 27
956-and registered voter in this state who moves from Missouri 28 SCS SB 654 31
957-to another state after the deadline to register to vote in 29
958-any presidential election in the new state and who otherwise 30
959-possesses the qualifications to register and vote in such 31
960-state; 32
961- (4) ["Intrastate new resident", a registered voter of 33
962-this state who moves from one election authority's 34
963-jurisdiction in the state to another election authority's 35
964-jurisdiction in the state after the last day authorized in 36
965-this chapter to register to vote in an election and 37
966-otherwise possesses the qualifications to vote; 38
967- (5)] "New resident", a person who moves to this state 39
968-after the last date authorized in this chapter to register 40
969-to vote in any presidential election; 41
970- [(6)] (5) "Overseas voter": 42
971- (a) A person who resides outside the United States and 43
972-is qualified to vote in the last place in which the person 44
973-was domiciled before leaving the United States; or 45
974- (b) A person who resides outside the United States 46
975-and, but for such residence, would be qualified to vote in 47
976-the last place in which the pe rson was domiciled before 48
977-leaving the United States; 49
978- [(7)] (6) "Uniformed services": 50
979- (a) Active and reserve components of the Army, Navy, 51
980-Air Force, Marine Corps, Space Force, or Coast Guard of the 52
981-United States; 53
982- (b) The Merchant Marine, the commissioned corps of the 54
983-Public Health Service, or the commissioned corps of the 55
984-National Oceanic and Atmospheric Administration of the 56
985-United States; or 57
986- (c) The Missouri National Guard; 58
987- [(8)] (7) "Uniformed services voter", an indiv idual 59
988-who is qualified to vote and is: 60 SCS SB 654 32
989- (a) A member of the active or reserve components of 61
990-the Army, Navy, Air Force, Marine Corps, Space Force, or 62
991-Coast Guard of the United States who is on active duty; 63
992- (b) A member of the Merchant Marine, the commissioned 64
993-corps of the Public Health Service, or the commissioned 65
994-corps of the National Oceanic and Atmospheric Administration 66
995-of the United States; 67
996- (c) A member on activated status of the National 68
997-Guard; or 69
998- (d) A spouse or dependent of a member referred to in 70
999-this subdivision; 71
1000- [(9)] (8) "United States", used in the territorial 72
1001-sense, the several states, the District of Columbia, Puerto 73
1002-Rico, the United States Virgin Islands, and any territory or 74
1003-insular possession subject t o the jurisdiction of the United 75
1004-States. 76
1005- 115.277. 1. Any registered voter of this state may 1
1006-cast an absentee ballot in person at a location designated 2
1007-by the election authority for all candidates and issues for 3
1008-which such voter is eligible to vote at the polling place. 4
1009-Any registered voter casting a ballot under the provisions 5
1010-of this subsection shall provide a form of personal photo 6
1011-identification that is consistent with subsection 1 of 7
1012-section 115.427. 8
1013- 2. Except as provided in subsections [2, 3,] 4, [and] 9
1014-5, and 6 of this section, any registered voter of this state 10
1015-may [vote by] cast an absentee ballot for all candidates and 11
1016-issues for which such voter would be eligible to vote at the 12
1017-polling place if such voter expe cts to be prevented from 13
1018-going to the polls to vote on election day [due to:]. Any 14
1019-absentee ballot that is not requested and completed in 15
1020-person at the office of the election authority with a form 16 SCS SB 654 33
1021-of personal photo identification that is consistent wi th 17
1022-subsection 1 of section 115.427 shall have the statement on 18
1023-the ballot envelope notarized as required under section 19
1024-115.283, except that absentee ballots requested under 20
1025-subdivisions (2) and (5) of subsection 3 of this section 21
1026-shall not require not arization. This subsection shall apply 22
1027-only in the case of absentee ballots that are not cast in 23
1028-person. 24
1029- 3. A voter may request an absentee ballot for any of 25
1030-the following reasons: 26
1031- (1) Absence on election day from the jurisdiction of 27
1032-the election authority in which such voter is registered to 28
1033-vote; 29
1034- (2) Incapacity or confinement due to illness or 30
1035-physical disability on election day, including a person who 31
1036-is primarily responsible for the physical care of a person 32
1037-who is incapacitated or confined due to illness or 33
1038-disability and resides at the same address ; 34
1039- (3) Religious belief or practice; 35
1040- (4) Employment as: 36
1041- (a) An election authority, as a member of an election 37
1042-authority, or by an election authority at a locati on other 38
1043-than such voter's polling place; 39
1044- (b) A first responder; 40
1045- (c) A health care worker; or 41
1046- (d) A member of law enforcement; 42
1047- (5) Incarceration, provided all qualifications for 43
1048-voting are retained; 44
1049- (6) Certified participati on in the address 45
1050-confidentiality program established under sections 589.660 46
1051-to 589.681 because of safety concerns [; or 47 SCS SB 654 34
1052- (7) For an election that occurs during the year 2020, 48
1053-the voter has contracted or is in an at -risk category for 49
1054-contracting or transmitting severe acute respiratory 50
1055-syndrome coronavirus 2. This subdivision shall expire on 51
1056-December 31, 2020]. 52
1057- [2.] 4. Any covered voter who is eligible to register 53
1058-and vote in this state may vote in any election for federal 54
1059-office, statewide office, state legislative office, or 55
1060-statewide ballot initiatives by submitting a federal 56
1061-postcard application to apply to vote by absentee ballot or 57
1062-by submitting a federal postcard application at the polling 58
1063-place even though the person is not reg istered. A federal 59
1064-postcard application submitted by a covered voter pursuant 60
1065-to this subsection shall also serve as a voter registration 61
1066-application under section 115.908 and the election authority 62
1067-shall, if satisfied that the applicant is entitled t o 63
1068-register, place the voter's name on the voter registration 64
1069-file. Each covered voter may vote by absentee ballot or, 65
1070-upon submitting an affidavit that the person is qualified to 66
1071-vote in the election, may vote at the person's polling place. 67
1072- [3.] 5. Any interstate former resident may vote by 68
1073-absentee ballot for presidential and vice presidential 69
1074-electors. 70
1075- [4. Any intrastate new resident may vote by absentee 71
1076-ballot at the election for presidential and vice 72
1077-presidential electors, United St ates senator, representative 73
1078-in Congress, statewide elected officials and statewide 74
1079-questions, propositions and amendments from such resident's 75
1080-new jurisdiction of residence after registering to vote in 76
1081-such resident's new jurisdiction of residence. 77
1082- 5.] 6. Any new resident may vote by absentee ballot 78
1083-for presidential and vice presidential electors after 79 SCS SB 654 35
1084-registering to vote in such resident's new jurisdiction of 80
1085-residence. 81
1086- [6. For purposes of this section, the voters who are 82
1087-in an at-risk category for contracting or transmitting 83
1088-severe acute respiratory syndrome coronavirus 2 are voters 84
1089-who: 85
1090- (1) Are sixty-five years of age or older; 86
1091- (2) Live in a long-term care facility licensed under 87
1092-chapter 198; 88
1093- (3) Have chronic lung disease or moderate to severe 89
1094-asthma; 90
1095- (4) Have serious heart conditions; 91
1096- (5) Are immunocompromised; 92
1097- (6) Have diabetes; 93
1098- (7) Have chronic kidney disease and are undergoing 94
1099-dialysis; or 95
1100- (8) Have liver disease. ] 96
1101- 115.279. 1. Application for an absentee ballot may be 1
1102-made by the applicant in person, or by mail, or for the 2
1103-applicant, in person, by his or her guardian or a relative 3
1104-within the second degree by consanguinity or affinity. The 4
1105-election authority shall accept applications by facsimile 5
1106-transmission and by electronic mail within the limits of its 6
1107-telecommunications capacity. 7
1108- 2. Notwithstanding section 115.284, no individual, 8
1109-group, or party shall solicit a voter into obta ining an 9
1110-absentee ballot application. Absentee ballot applications 10
1111-shall not have the information pre -filled prior to it being 11
1112-provided to a voter. 12
1113- 3. Each application shall be made to the election 13
1114-authority of the jurisdiction in which the pers on is or 14
1115-would be registered. Each application shall be in writing 15 SCS SB 654 36
1116-and shall state the applicant's name, address at which he or 16
1117-she is or would be registered, his or her reason for voting 17
1118-an absentee ballot, the address to which the ballot is to be 18
1119-mailed, if mailing is requested, and for absent uniformed 19
1120-services and overseas applicants, the applicant's email 20
1121-address if electronic transmission is requested. If the 21
1122-reason for the applicant voting absentee is due to the 22
1123-reasons established under s ubdivision (6) of subsection 1 of 23
1124-section 115.277, the applicant shall state the voter's 24
1125-identification information provided by the address 25
1126-confidentiality program in lieu of the applicant's name, 26
1127-address at which he or she is or would be registered, a nd 27
1128-address to which the ballot is to be mailed, if mailing is 28
1129-requested. Each application to vote in a primary election 29
1130-shall also state which ballot the applicant wishes to 30
1131-receive. If any application fails to designate a ballot, 31
1132-the election authority shall, within three working days 32
1133-after receiving the application, notify the applicant by 33
1134-mail that it will be unable to deliver an absentee ballot 34
1135-until the applicant designates which political party ballot 35
1136-he or she wishes to receive. If the applicant does not 36
1137-respond to the request for political party designation, the 37
1138-election authority is authorized to provide the voter with 38
1139-that part of the ballot for which no political party 39
1140-designation is required. 40
1141- [3. Except as provided in subsec tion 3 of section 41
1142-115.281,] 4. All applications for absentee ballots received 42
1143-prior to the sixth Tuesday before an election shall be 43
1144-stored at the office of the election authority until such 44
1145-time as the applications are processed in accordance with 45
1146-section 115.281. No application for an absentee ballot 46
1147-received in the office of the election authority by mail, by 47 SCS SB 654 37
1148-facsimile transmission, by electronic mail, or by a guardian 48
1149-or relative after 5:00 p.m. on the second Wednesday 49
1150-immediately prior to th e election shall be accepted by any 50
1151-election authority. No application for an absentee ballot 51
1152-submitted by the applicant in person after 5:00 p.m. on the 52
1153-day before the election shall be accepted by any election 53
1154-authority, except as provided in subsec tions [6, 8] 7, 8, 54
1155-and 9 of this section. 55
1156- [4.] 5. Each application for an absentee ballot shall 56
1157-be signed by the applicant or, if the application is made by 57
1158-a guardian or relative pursuant to this section, the 58
1159-application shall be signed by the g uardian or relative, who 59
1160-shall note on the application his or her relationship to the 60
1161-applicant. If an applicant, guardian or relative is blind, 61
1162-unable to read or write the English language or physically 62
1163-incapable of signing the application, he or she shall sign 63
1164-by mark, witnessed by the signature of an election official 64
1165-or person of his or her own choosing. Any person who 65
1166-knowingly makes, delivers or mails a fraudulent absentee 66
1167-ballot application shall be guilty of a class one election 67
1168-offense. 68
1169- [5.] 6. (1) Notwithstanding any law to the contrary, 69
1170-any resident of the state of Missouri who resides outside 70
1171-the boundaries of the United States or who is on active duty 71
1172-with the Armed Forces of the United States or members of 72
1173-their immediate family living with them may request an 73
1174-absentee ballot for both the primary and subsequent general 74
1175-election with one application. 75
1176- (2) The election authority shall provide each absent 76
1177-uniformed services voter and each overseas voter who submits 77
1178-a voter registration application or an absentee ballot 78 SCS SB 654 38
1179-request, if the election authority rejects the application 79
1180-or request, with the reasons for the rejection. 80
1181- (3) Notwithstanding any other law to the contrary, if 81
1182-a standard oath regarding materia l misstatements of fact is 82
1183-adopted for uniformed and overseas voters pursuant to the 83
1184-Help America Vote Act of 2002, the election authority shall 84
1185-accept such oath for voter registration, absentee ballot, or 85
1186-other election-related materials. 86
1187- (4) Not later than sixty days after the date of each 87
1188-regularly scheduled general election for federal office, 88
1189-each election authority which administered the election 89
1190-shall submit to the secretary of state in a format 90
1191-prescribed by the secretary a report on t he combined number 91
1192-of absentee ballots transmitted to, and returned by, absent 92
1193-uniformed services voters and overseas voters for the 93
1194-election. The secretary shall submit to the Election 94
1195-Assistance Commission a combined report of such information 95
1196-not later than ninety days after the date of each regularly 96
1197-scheduled general election for federal office and in a 97
1198-standardized format developed by the commission pursuant to 98
1199-the Help America Vote Act of 2002. The secretary shall make 99
1200-the report available to the general public. 100
1201- (5) As used in this section, the terms "absent 101
1202-uniformed services voter" and "overseas voter" shall have 102
1203-the meaning prescribed in 52 U.S.C. Section 20310. 103
1204- [6.] 7. An application for an absentee ballot by a new 104
1205-resident shall be submitted in person by the applicant in 105
1206-the office of the election authority in the election 106
1207-jurisdiction in which such applicant resides. The 107
1208-application shall be received by the election authority no 108
1209-later than 7:00 p.m. on the day of th e election. Such 109
1210-application shall be in the form of an affidavit, executed 110 SCS SB 654 39
1211-in duplicate in the presence of the election authority or 111
1212-any authorized officer of the election authority, and in 112
1213-substantially the following form: 113
1214- [7.] 8. The election authority in whose office an 142
1215-application is filed pursuant to subsection [6] 7 of this 143
1216-114 "STATE OF _________
1217-115 COUNTY OF _________ , ss.
1218-116 I, ______, do solemnly swear that:
1219-117
1220-118
1221-119
1222-120
20+ Section A. Sections 115.013, 115.031, 115.045, 115.051,
21+115.081, 115.085, 115.105, 115.123, 115.135, 115.151, 115.157,
22+115.160, 115.165, 115.205, 115.225, 115.237, 115.257, 115.275,
23+115.277, 115.279, 115.283, 115.285, 115.287, 115.291, 115.302,
24+115.349, 115.351, 115.417, 115.427, 115.435, 115.447, 115.652,
25+115.755, 115.758, 115.761, 115.765, 115.767, 115.770, 115.773,
26+115.776, 115.785, 115.902, 115.904, and 115.960, RSMo, are
27+repealed and thirty-eight new sections enacted in lieu thereof,
28+to be known as sections 28.960, 115.004, 115.013, 115.031,
29+115.045, 115.051, 115.081, 115.085, 115.105, 115.123, 115.135,
30+115.151, 115.157, 115.160, 115.165, 115.205, 115.225, 115.237,
31+115.257, 115.275, 115.277, 115.279, 115.283, 115.285, 115.286,
32+115.287, 115.291, 11 5.302, 115.349, 115.351, 115.417, 115.427,
33+115.435, 115.447, 115.652, 115.902, 115.904, and 115.960, to
34+read as follows:
35+ 28.960. 1. The secretary of state shall have the
36+authority to, at his or her discretion, audit the list of
37+ 2
38+registered voters for any local election authority to ensure
39+accuracy.
40+ 2. Any audit conducted by the secretary of state
41+shall, at least quarterly, determine whether the local
42+election authority has performed the following voter
43+registration list maintenance activi ties, as required by law:
44+ (1) Sending verification notices in accordance with
45+section 115.155; and
46+ (2) Registering voters and removing names from the
47+voter registration system in accordance with section
48+115.158.
49+ 3. After completing the audit, the secretary of state
50+shall notify the local election authority in writing of any
51+maintenance updates that are required and shall advise the
52+local election authority they have ninety days to make
53+required updates. If, after ninety days, the secretary of
54+state determines that the local election authority has not
55+performed the required maintenance of voter registration
56+lists as required by law, the secretary of state's office
57+may withhold funds from the local election authority.
58+ 115.004. The sections of this chapter and all related
59+rules and regulations shall not be amended or modified in
60+any manner in the twenty -six weeks preceding any
61+presidential election.
62+ 115.013. As used in this chapter, unless the c ontext
63+clearly implies otherwise, the following terms mean:
64+ (1) "Air-gap" or "air-gapped", a security measure in
65+which equipment is physically and technically isolated from
66+any network and is not directly connected to the internet
67+nor is it connected to any other system that is connected to
68+the internet. Data can only be passed to an air -gapped
69+device physically via a USB or other removable media;
70+ 3
71+ (2) "Automatic tabulating equipment", the apparatus
72+necessary to examine and automatically count votes, and the
73+data processing machines which are used for counting votes
74+and tabulating results and which are air-gapped and not
75+physically able to be connected to a network ;
76+ [(2)] (3) "Ballot", the [ballot card,] paper ballot,
77+or ballot designed for use with an electronic voting system
78+on which each voter may cast all votes to which he or she is
79+entitled at an election;
80+ [(3)"Ballot card", a ballot which is voted by making a
81+mark which can be tabulated by automatic tabulating
82+equipment; ]
83+ (4) "Ballot label", the card, paper, booklet, page, or
84+other material containing the names of all offices and
85+candidates and statements of all questions to be voted on;
86+ (5) "Counting location", a location selected by the
87+election authority for the automatic processing or counting,
88+or both, of ballots;
89+ (6) "County", any county in this state or any city not
90+within a county;
91+ (7) "Disqualified", a determination made by a court of
92+competent jurisdiction, the Missouri ethics commission, an
93+election authority or any other body authorized by law to
94+make such a determination that a candidate is ineligible to
95+hold office or not entitled to be voted on for office;
96+ (8) "District", an area within the state or within a
97+political subdivision of the state from which a person is
98+elected to represent the area on a policy -making body with
99+representatives of other areas in the state or political
100+subdivision;
101+ (9) "Electronic voting machine", any part of an air-
102+gapped electronic voting system on which a voter is able to
103+cast a ballot under this chapter;
104+ 4
105+ (10) "Electronic voting system", a system of casting
106+votes by use of marking devices, and counting votes by use
107+of automatic air-gapped tabulating or air-gapped data
108+processing equipment, including computerized voting systems
109+that mark or tabulate ballots ;
110+ (11) "Established political party" for the state, a
111+political party which, at either of the last two general
112+elections, polled for its candidate for any statewide office
113+more than two percent of the entire vote cast for the
114+office. "Established political party" for any district or
115+political subdivision shall mean a political party which
116+polled more than two percent of the entire vote cast at
117+either of the last two elections in which the district or
118+political subdivision voted as a unit for the election of
119+officers or representatives to serve its area;
120+ (12) "Federal office", the office of presidential
121+elector, United States senator, or represe ntative in
122+Congress;
123+ (13) "Independent", a candidate who is not a candidate
124+of any political party and who is running for an office for
125+which political party candidates may run;
126+ (14) "Major political party", the political party
127+whose candidates received the highest or second highest
128+number of votes at the last general election;
129+ (15) "Marking device", any [approved] device approved
130+by the secretary of state under section 115.225 which will
131+enable the votes to be counted by automatic tabulating
132+equipment;
133+ (16) "Municipal" or "municipality", a city, village,
134+or incorporated town of this state;
135+ (17) "New party", any political group which has filed
136+a valid petition and is entitled to place its list of
137+ 5
138+candidates on the bal lot at the next general or special
139+election;
140+ (18) "Nonpartisan", a candidate who is not a candidate
141+of any political party and who is running for an office for
142+which party candidates may not run;
143+ (19) "Political party", any established polit ical
144+party and any new party;
145+ (20) "Political subdivision", a county, city, town,
146+village, or township of a township organization county;
147+ (21) "Polling place", the voting place designated for
148+all voters residing in one or more precincts for any
149+election;
150+ (22) "Precincts", the geographical areas into which
151+the election authority divides its jurisdiction for the
152+purpose of conducting elections;
153+ (23) "Public office", any office established by
154+constitution, statute or charter and any employment under
155+the United States, the state of Missouri, or any political
156+subdivision or special district thereof, but does not
157+include any office in the Missouri state defense force or
158+the National Guard or the office of notary public or city
159+attorney in cities of the third classification or cities of
160+the fourth classification;
161+ (24) "Question", any measure on the ballot which can
162+be voted "YES" or "NO";
163+ (25) "Relative within the second degree by
164+consanguinity or affinity", a spous e, parent, child,
165+grandparent, brother, sister, grandchild, mother -in-law,
166+father-in-law, daughter-in-law, or son-in-law;
167+ (26) "Special district", any school district, water
168+district, fire protection district, hospital district,
169+health center, nursing district, or other districts with
170+ 6
171+taxing authority, or other district formed pursuant to the
172+laws of Missouri to provide limited, specific services;
173+ (27) "Special election", elections called by any
174+school district, water district, fire prote ction district,
175+or other district formed pursuant to the laws of Missouri to
176+provide limited, specific services; and
177+ (28) "Voting district", the one or more precincts
178+within which all voters vote at a single polling place for
179+any election.
180+ 115.031. Each election commissioner shall be a
181+registered voter and a resident of the jurisdiction for
182+which he or she is appointed [for at least one year
183+preceding his appointment ]. During his term of office, no
184+commissioner shall h old any statutory position within a
185+political party or on a political committee, be a candidate
186+for political office or hold any other public office.
187+ 115.045. Each election authority shall have the
188+authority to employ such attorneys and other employees as
189+may be necessary to promptly and correctly perform the
190+duties of the election authority. Where an electronic
191+voting system or voting machines are used, the election
192+authority shall designate competent employees to have
193+custody of and supervise maintenance of the voting
194+equipment. Board of election commissioners' employees shall
195+be subject to the same restrictions and subscribe the same
196+oath as members of the board of election commissioners,
197+except that no employee of a board o f election commissioners
198+shall be required to post bond or reside and be a registered
199+voter within the jurisdiction of the election authority
200+unless directed to do so by the board. Employee oaths and
201+any bonds shall be filed and preserved in the offic e of the
202+board.
203+ 7
204+ 115.051. 1. In each county which does not have a
205+board of election commissioners, the county clerk shall have
206+the right to employ such deputies and assistants as are
207+necessary to promptly and correctly register voters and
208+conduct elections. Where an electronic voting system or
209+voting machines are used, the county clerk shall designate
210+competent employees to have custody of and supervise
211+maintenance of the voting equipment. Each deputy shall be
212+subject to the same restrictions and subscribe the same oath
213+as the county clerk, except that no employee shall be
214+required to post bond or reside and be a registered voter
215+within the jurisdiction of the election authority unless
216+directed to do so by the clerk. Employee oaths and any
217+bonds shall be filed and preserved in the office of the
218+county clerk.
219+ 2. Within the total amount for deputies and assistants
220+approved by the county commission, the salary of each deputy
221+and assistant shall be set by the county cler k.
222+ 115.081. 1. Each election authority shall appoint
223+election judges for each polling place within its
224+jurisdiction in accordance with the provisions of this
225+section.
226+ 2. In all primary and general elections, the election
227+authority shall appoint at least two judges from each major
228+political party to serve at each polling place. The
229+committee of each major political party within the
230+jurisdiction of an election authority is authorized to
231+provide the election authority with a li st of election judge
232+candidates who meet the requirements under section 115.085.
233+The candidates shall not be required to reside within the
234+jurisdiction of the election authority, as authorized under
235+section 115.085. If a committee of a major politica l party
236+within the jurisdiction of an election authority fails to
237+ 8
238+provide the prescribed number of qualified names to fill all
239+election judge positions before the date established by the
240+election authority, the election authority may select judges
241+to fill the positions as provided by law. If the election
242+authority determines that a name submitted by a committee of
243+a major political party is not qualified to serve as an
244+election judge, the election authority shall allow the party
245+to submit another name before filling the position as
246+provided by law. No major political party shall have a
247+majority of the judges at any polling place. No established
248+party shall have a greater number of judges at any polling
249+place than any major political party.
250+ 3. In any election that is not a primary or general
251+election, the election authority shall appoint at least one
252+judge from each major political party to serve at each
253+polling place. No major political party shall have a
254+majority of the judges at a ny polling place. No established
255+party shall have a greater number of judges at any polling
256+place than any major political party.
257+ 4. The election authority shall designate two of the
258+judges appointed for each polling place, one from each major
259+political party, as supervisory judges. Supervisory judges
260+shall be responsible for the return of election supplies
261+from the polling place to the election authority and shall
262+have any additional duties prescribed by the election
263+authority.
264+ 5. Election judges may be employed to serve for the
265+first half or last half of any election day. Such judges
266+shall be paid one-half the regular rate of pay. If part-
267+time judges are employed, the election authority shall
268+employ such judges and shall see tha t a sufficient number
269+for each period are present at all times so as to have the
270+proper total number of judges present at each polling place
271+ 9
272+throughout each election day. The election authority shall
273+require that at each polling place at least one ele ction
274+judge from each political party serve a full day and that at
275+all times during the day there be an equal number of
276+election judges from each political party.
277+ 6. An election authority may appoint additional
278+election judges representing other established political
279+parties and additional election judges who do not claim a
280+political affiliation. Any question which requires a
281+decision by the majority of judges shall only be made by the
282+judges from the major political parties.
283+ 115.085. No person shall be appointed to serve as an
284+election judge who is not a registered voter in this state [;
285+provided that, before any election authority may appoint
286+judges who are registered voters of another election
287+authority's jurisdiction, t he election authority shall
288+obtain the written consent of the election authority for the
289+jurisdiction where the prospective judges are registered to
290+vote]. Each election judge shall be a person of good repute
291+and character who can speak, read, and wri te the English
292+language. No person shall serve as an election judge at any
293+polling place in which his or her name or the name of a
294+relative within the second degree, by consanguinity or
295+affinity, appears on the ballot. However, no relative of
296+any unopposed candidate shall be disqualified from serving
297+as an election judge in any election jurisdiction of the
298+state. No election judge shall, during his or her term of
299+office, hold any other elective public office, other than as
300+a member of a politica l party committee or township office,
301+except any person who is elected to a board or commission of
302+a political subdivision or special district may serve as an
303+election judge except at a polling place where such
304+political subdivision or special district has an issue or
305+ 10
306+candidate on the ballot. In any county having a population
307+of less than two hundred fifty thousand inhabitants, any
308+candidate for the county committee of a political party who
309+is not a candidate for any other office and who is unoppos ed
310+for election as a member of the committee shall not be
311+disqualified from serving as an election judge.
312+ 115.105. 1. The chair of the county committee of each
313+political party named on the ballot shall have the right to
314+designate a challenger for each polling place, who may be
315+present until all ballots are cast on the day of election,
316+and a challenger for each location at which absentee ballots
317+are counted, who may be present while the ballots are being
318+prepared for counting and co unted. No later than four
319+business days before the election, the chair of each county
320+committee of each political party named on the ballot shall
321+provide signed official designation forms with the names of
322+the designated challengers and substitutes to the local
323+election authority for confirmation of eligibility to serve
324+as a challenger. The local election authority, after
325+verifying the eligibility of each designated and substitute
326+challenger, shall sign off on the official designation
327+forms, unless the challenger is found not to have the
328+qualifications established by subsection 5 of this section.
329+If the election authority determines that a challenger does
330+not meet the qualifications of subsection 5 of this section,
331+the designating party chair may designate a replacement
332+challenger and provide the local election authority with the
333+name of the replacement challenger before 5:00 p.m. of the
334+Monday preceding the election. The designating chair may
335+substitute challengers at his or her discreti on during such
336+hours.
337+ 2. Challenges may only be made when the challenger
338+believes the election laws of this state have been or will
339+ 11
340+be violated, and each challenger shall report any such
341+belief to the election judges, or to the election authority
342+if not satisfied with the decision of the election judges.
343+ 3. Prior to the close of the polls, challengers may
344+list and give out the names of those who have voted. The
345+listing and giving out of names of those who have voted by a
346+challenger shall not be considered giving information
347+tending to show the state of the count.
348+ 4. [In a presidential primary election, challengers
349+may collect information about the party ballot selected by
350+the voter and may disclose party affiliation information
351+after the polls close.
352+ 5.] All persons selected as challengers shall have the
353+same qualifications required by section 115.085 for election
354+judges, except that such challenger shall be a registered
355+voter in the jurisdiction of the election authori ty for
356+which the challenger is designated as a challenger.
357+ [6.] 5. Any challenge by a challenger to a voter's
358+identification for validity shall be made only to the
359+election judges or other election authority. If the poll
360+challenger is not satisf ied with the decision of the
361+election judges, then he or she may report his or her belief
362+that the election laws of this state have been or will be
363+violated to the election authority as allowed under this
364+section.
365+ 115.123. 1. All public elections shall be held on
366+Tuesday. Except as provided in subsections 2 and 3 of this
367+section, and section 247.180, all public elections shall be
368+held on the general election day, the primary election day,
369+the general municipal election day, the fi rst Tuesday after
370+the first Monday in November, or on another day expressly
371+provided by city or county charter, and in nonprimary years
372+on the first Tuesday after the first Monday in August. Bond
373+ 12
374+elections may be held on the first Tuesday after the fi rst
375+Monday in February but no other issue shall be included on
376+the ballot for such election.
377+ 2. [Notwithstanding the provisions of subsection 1 of
378+this section, an election for a presidential primary held
379+pursuant to sections 115.755 to 115.785 s hall be held on the
380+second Tuesday after the first Monday in March of each
381+presidential election year.
382+ 3.] The following elections shall be exempt from the
383+provisions of subsection 1 of this section:
384+ (1) Bond elections necessitated by fire, vandalism or
385+natural disaster;
386+ (2) Elections for which ownership of real property is
387+required by law for voting;
388+ (3) Special elections to fill vacancies and to decide
389+tie votes or election contests; and
390+ (4) Tax elections necessitated b y a financial hardship
391+due to a five percent or greater decline in per -pupil state
392+revenue to a school district from the previous year.
393+ [4.] 3. Nothing in this section prohibits a charter
394+city or county from having its primary election in March if
395+the charter provided for a March primary before August 28,
396+1999.
397+ [5.] 4. Nothing in this section shall prohibit
398+elections held pursuant to section 65.600, but no other
399+issues shall be on the March ballot except pursuant to this
400+chapter.
401+ 115.135. 1. Any person who is qualified to vote, or
402+who shall become qualified to vote on or before the day of
403+election, shall be entitled to register in the jurisdiction
404+within which he or she resides. In order to vote in any
405+election for which registration is required, a person must
406+be registered to vote in the [jurisdiction of his or her
407+ 13
408+residence] state of Missouri no later than 5:00 p.m., or the
409+normal closing time of any public building where the
410+registration is being held if such time is later than 5:00
411+p.m., on the fourth Wednesday prior to the election, unless
412+the voter is an interstate former resident, [an intrastate
413+new resident,] a new resident, or a covered voter, as
414+defined in section 115.275. [Except as provided in
415+subsection 4 of this section, in no case shall registration
416+for an election extend beyond 10:00 p.m. on the fourth
417+Wednesday prior to the election. ] Any person registering
418+after such date shall be eligible to vote in subsequent
419+elections.
420+ 2. A person applying to register with an election
421+authority or a deputy registration official shall identify
422+himself or herself by presenting a copy of a birth
423+certificate, a Native American tribal document, other proof
424+of United States citizenship, a valid Missouri drivers
425+license or other form of personal identification at the time
426+of registration.
427+ 3. Except as provided in federal law or federal
428+elections and in section 115.277, no person shall be
429+entitled to vote if the person has not regis tered to vote in
430+the jurisdiction of his or her residence [prior to the
431+deadline to register to vote ].
432+ 4. A covered voter as defined in section 115.275 who
433+has been discharged from military service, has returned from
434+a military deployment or acti vation, or has separated from
435+employment outside the territorial limits of the United
436+States after the deadline to register to vote, and who is
437+otherwise qualified to register to vote, may register to
438+vote in an election in person before the election a uthority
439+until 5:00 p.m. on the Friday before such election. Such
440+persons shall produce sufficient documentation showing
441+ 14
442+evidence of qualifying for late registration pursuant to
443+this section.
444+ 115.151. 1. Each qualified applicant who appears
445+before the election authority shall be deemed registered as
446+of the time the applicant's completed, signed and sworn
447+registration application is witnessed by the election
448+authority or deputy registration official.
449+ 2. Each applicant who reg isters by mail shall be
450+deemed to be registered as of the date the application is
451+postmarked, if such application is accepted and not rejected
452+by the election authority and the verification notice
453+required pursuant to section 115.155 is not returned as
454+undeliverable by the postal service.
455+ 3. Each applicant who registers at a voter
456+registration agency or the division of motor vehicle and
457+drivers licensing of the department of revenue shall be
458+deemed to be registered as of the date the applicati on is
459+signed by the applicant, if such application is accepted and
460+not rejected by the election authority and the verification
461+notice required pursuant to section 115.155 is not returned
462+as undeliverable by the postal service. Voter registration
463+agencies [and the division of motor vehicle and drivers
464+licensing of the department of revenue ] shall transmit voter
465+registration application forms to the appropriate election
466+authority not later than five business days after the form
467+is completed by the a pplicant.
468+ 115.157. 1. The election authority may place all
469+information on any registration cards in computerized form
470+in accordance with section 115.158. No election authority
471+or secretary of state shall furnish to any member of the
472+public electronic media or printout showing any registration
473+information, except as provided in this section. Except as
474+provided in subsection 2 of this section, the election
475+ 15
476+authority or secretary of state shall make available
477+electronic media or pri ntouts showing only unique voter
478+identification numbers, voters' names, [dates] year of
479+birth, addresses, townships or wards, and precincts.
480+Electronic data shall be maintained in at least the
481+following separate fields:
482+ (1) Voter identification number;
483+ (2) First name;
484+ (3) Middle initial;
485+ (4) Last name;
486+ (5) Suffix;
487+ (6) Street number;
488+ (7) Street direction;
489+ (8) Street name;
490+ (9) Street suffix;
491+ (10) Apartment number;
492+ (11) City;
493+ (12) State;
494+ (13) Zip code;
495+ (14) Township;
496+ (15) Ward;
497+ (16) Precinct;
498+ (17) Senatorial district;
499+ (18) Representative district;
500+ (19) Congressional district.
501+ 2. All election authorities shall enter voter history
502+in their computerized registration systems and shall, not
503+more than [six] three months after the election, forward
504+such data to the Missouri voter registration system
505+established in section 115.158. In addition, election
506+authorities shall forward registration and other data in a
507+manner prescribed by the secretary of state to comply with
508+the Help America Vote Act of 2002.
509+ 16
510+ 3. Except as provided in subsection 6 of this section,
511+the election authority shall furnish, for a fee, electronic
512+media or a printout showing only the names, [dates] year of
513+birth and addresses of voters, or any part thereof, within
514+the jurisdiction of the election authority who voted in any
515+specific election, including primary elections, by township,
516+ward or precinct, provided t hat nothing in this chapter
517+shall require such voter information to be released to the
518+public over the internet and shall not be used for
519+commercial purposes.
520+ 4. [Except as provided in subsection 6 of this
521+section, upon a request by a candidate, a duly authorized
522+representative of a campaign committee, or a political party
523+committee, the secretary of state shall furnish, for a fee
524+determined by the secretary of state and in compliance with
525+section 610.026, media in an electronic format or, if so
526+requested, in a printed format, showing the names,
527+addresses, and voter identification numbers of voters within
528+the jurisdiction of a specific election authority who
529+applied for an absentee ballot under section 115.279 for any
530+specific election inv olving a ballot measure or an office
531+for which the declaration of candidacy is required to be
532+filed with the secretary of state pursuant to section
533+115.353, including primary elections, by township, ward, or
534+precinct. Nothing in this section shall req uire such voter
535+information to be released to the public over the internet.
536+For purposes of this section, the terms "candidate",
537+"campaign committee", and "political party committee" shall
538+have the same meaning given to such terms in section 130.011.
539+ 5.] The amount of fees charged for information
540+provided in this section shall be established pursuant to
541+chapter 610. All revenues collected by the secretary of
542+state pursuant to this section shall be deposited in the
543+ 17
544+state treasury and credited to the secretary of state's
545+technology trust fund account established pursuant to
546+section 28.160. [In even-numbered years, each election
547+authority shall, upon request, supply the voter registration
548+list for its jurisdiction to all candidates and part y
549+committees for a charge established pursuant to chapter
550+610. Except as provided in subsection 6 of this section,
551+all election authorities shall make the information
552+described in this section available pursuant to chapter
553+610. Any election authorit y who fails to comply with the
554+requirements of this section shall be subject to the
555+provisions of chapter 610.
556+ 6.] 5. Any person working as an undercover officer of
557+a local, state or federal law enforcement agency, persons in
558+witness protection p rograms, and victims of domestic
559+violence and abuse who have received orders of protection
560+pursuant to chapter 455 shall be entitled to apply to the
561+circuit court having jurisdiction in his or her county of
562+residence to have the residential address on his or her
563+voter registration records closed to the public if the
564+release of such information could endanger the safety of the
565+person. Any person working as an undercover agent or in a
566+witness protection program shall also submit a statement
567+from the chief executive officer of the agency under whose
568+direction he or she is serving. The petition to close the
569+residential address shall be incorporated into any petition
570+for protective order provided by circuit clerks pursuant to
571+chapter 455. If satisfied that the person filing the
572+petition meets the qualifications of this subsection, the
573+circuit court shall issue an order to the election authority
574+to keep the residential address of the voter a closed record
575+and the address may be used only for the purposes of
576+administering elections pursuant to this chapter. The
577+ 18
578+election authority may require the voter who has a closed
579+residential address record to verify that his or her
580+residential address has not changed or to file a change of
581+address and to affirm that the reasons contained in the
582+original petition are still accurate prior to receiving a
583+ballot. A change of address within an election authority's
584+jurisdiction shall not require that the voter file a new
585+petition. Any voter who no longer qualifies pursuant to
586+this subsection to have his or her residential address as a
587+closed record shall notify the circuit court. Upon such
588+notification, the circuit court shall void the order closing
589+the residential address and so notify the election authority.
590+ 115.160. 1. All Missouri driver's license applicants
591+shall receive a voter registration application form as a
592+simultaneous part of the application for a driver's license,
593+renewal of driver's license, change of address, dupli cate
594+request and a nondriver's license.
595+ 2. If a single application form is used, the voter
596+registration application portion of any application
597+described in subsection 1 of this section may not require
598+any information that duplicates information r equired in the
599+driver's license portion of the form, except a second
600+signature or other information required by law.
601+ 3. After conferring with the secretary of state as the
602+chief state election official responsible for overseeing of
603+the voter registration process, the director of revenue
604+shall adopt rules and regulations pertaining to the format
605+of the voter registration application used by the
606+department. The director of revenue shall utilize
607+electronic voter registration application forms an d provide
608+for secure electronic transfer of voter registration
609+information to election authorities. The secretary of state
610+and the director of revenue shall ensure the confidentiality
611+ 19
612+and integrity of the voter registration data collected,
613+maintained, received, or transmitted under this section.
614+ 4. No information relating to the failure of an
615+applicant for a driver's license or nondriver's license to
616+sign a voter registration application may be used for any
617+purpose other than voter registrati on.
618+ 5. Any voter registration application received
619+pursuant to the provisions of this section shall be
620+forwarded, in a secure and electronic manner, to the
621+election authority located within that county or any city
622+not within a county, or if there is more than one election
623+authority within the county, then to the election authority
624+located nearest to the location where the driver's license
625+application was received. Voter registration information,
626+including an electronic image of the signature of the
627+applicant, shall be transmitted in a format compatible with
628+the Missouri voter registration system established in
629+section 115.158 that allows for review by the election
630+authority and does not require the election authority to
631+manually reenter the information, provided that the election
632+authority shall print out a paper copy of the information
633+and retain such information in the manner required by
634+section 115.145. The election authority receiving the
635+application forms shall review the applica tions and forward,
636+in a secure and electronic manner, any applications
637+pertaining to a different election authority to that
638+election authority.
639+ 6. A completed voter registration application accepted
640+in the driver's licensing process shall be tran smitted to
641+the election authority described in subsection 5 of this
642+section not later than [five] three business days after the
643+form is completed by the applicant.
644+ 20
645+ 7. Any person registering to vote when applying for or
646+renewing a Missouri driver' s license shall submit with the
647+application form a copy of a birth certificate, a Native
648+American tribal document, or other proof of United States
649+citizenship, a valid Missouri driver's license, or other
650+form of personal identification. Any person who, at the
651+time of a transaction with the division of motor vehicle and
652+driver licensing of the department of revenue, provides a
653+document that establishes noncitizenship shall not be
654+offered the opportunity to register to vote as part of the
655+transaction.
656+ 115.165. 1. If the voter files a change of address
657+application in person at the office of the election
658+authority, at the polling place, or pursuant to section
659+115.159, 115.160, 115.162 or 115.193, or otherwise provides
660+signed written notice of the move, including notice by
661+facsimile, electronic, or online transmission, an election
662+authority may change the address on a voter registration
663+record for a voter who moves within the election authority's
664+jurisdiction after comparing and verifying the signature.
665+Before changing the address on a voter record, the election
666+authority shall be satisfied that the record is that of the
667+person providing the change of address information.
668+ 2. A registered voter who has changed his or her
669+residence within an election authority's jurisdiction and
670+has not been removed from the list of registered voters
671+pursuant to this chapter shall be permitted to file a change
672+of address with the election authority or before an election
673+judge at a polling place and vote at a central polling place
674+or at the polling place that serves his or her new address
675+upon written or oral affirmation by the voter of the new
676+address.
677+ 21
678+ 3. A registered voter who has changed his or her
679+residence within the stat e and has not been removed from the
680+list of registered voters under this chapter shall be
681+permitted to file a change of address in person at the
682+office of the election authority on election day. In order
683+to change an address in person on election day under this
684+subsection, a registered voter shall provide a form of
685+personal photo identification required under subsection 1 of
686+section 115.427.
687+ 4. If the applicant for registration was last
688+registered in another jurisdiction within this state or
689+another state, the election authority shall send notice of
690+the registration to the election authority where the
691+applicant was previously registered. The election authority
692+sending the notice shall provide identifying information to
693+assist the election authority receiving the notice to
694+determine whether the person named was previously registered
695+in such jurisdiction and whether, based on the identifying
696+information provided, the application can be removed from
697+the voting record in the former jurisd iction.
698+ [4.] 5. Upon receipt of a notice from another election
699+authority that a voter has registered in another
700+jurisdiction in this state or another state, the election
701+authority shall determine whether sufficient information is
702+provided in the notice to identify the person named in such
703+notice as previously registered in the election authority's
704+jurisdiction and presently removable from the voting records
705+in the election authority's jurisdiction. Every election
706+authority is authorized to ex amine the information provided
707+in a notice of duplicate registration provided by the
708+Missouri voter registration system authorized pursuant to
709+section 115.158 to determine if a voter in one election
710+authority's voter registration records has subsequent ly
711+ 22
712+registered in another jurisdiction. If, after reviewing the
713+information provided, the election authority is satisfied
714+that the person identified in the notice is listed as a
715+registered voter in the election authority's jurisdiction
716+but has subsequently registered in another jurisdiction, the
717+election authority may remove the person's registration from
718+the list of registered voters.
719+ 115.205. 1. [Any] No person [who is] shall be paid or
720+otherwise compensated for soliciting [more than ten] voter
721+registration applications, other than a governmental entity
722+or a person who is paid or compensated by a governmental
723+entity for such solicitation [, shall be registered with the
724+secretary of state as a voter registration solicitor ]. A
725+voter registration solicitor who solicits more than ten
726+voter registration applications shall register for every
727+election cycle that begins on the day after the general
728+election and ends on the day of the general election two
729+years later. A voter registration solicitor shall be at
730+least eighteen years of age and shall be a registered voter
731+in the state of Missouri.
732+ 2. Each voter registration solicitor shall provide the
733+following information in writing to the secretary of state's
734+office:
735+ (1) The name of the voter registration solicitor;
736+ (2) The residential address, including street number,
737+city, state, and zip code;
738+ (3) The mailing address, if different from the
739+residential address; and
740+ (4) [Whether the voter registrat ion solicitor expects
741+to be paid for soliciting voter registrations;
742+ (5) If the voter registration solicitor expects to be
743+paid, the identity of the payor; or
744+ (6)] The signature of the voter registration solicitor.
745+ 23
746+ 3. The solicitor information required in subsection 2
747+of this section shall be submitted to the secretary of
748+state's office with the following oath and affirmation:
749+ "I HEREBY SWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT
750+ALL STATEMENTS MADE BY ME ARE TRUE AND CORRECT. ".
751+ 4. Any voter registration solicitor who knowingly
752+fails to register with the secretary of state is guilty of a
753+class three election offense. Voter registration
754+applications shall be accepted by the election authority if
755+such applications are otherwise valid, even if the voter
756+registration solicitor who procured the applications fails
757+to register with or submits false information to the
758+secretary of state.
759+ 115.225. 1. Before use by election authorities in
760+this state, the secretary of state shall approve the marking
761+devices and the automatic tabulating equipment used in
762+electronic voting systems and may promulgate rules and
763+regulations to implement the intent of sections 115.225 to
764+115.235.
765+ 2. No electronic voting system shall be approved
766+unless it:
767+ (1) Permits voting in absolute secrecy;
768+ (2) Permits each voter to vote for as many candidates
769+for each office as a voter is lawfully entitled to vote for;
770+ (3) Permits each voter to vote for or against as many
771+questions as a voter is lawfully entitled to vote on, and no
772+more;
773+ (4) Provides facilities for each voter to cast as many
774+write-in votes for each office as a voter is lawfully
775+entitled to cast;
776+ (5) Permits each voter in a primary e lection to vote
777+for the candidates of only one party announced by the voter
778+in advance;
779+ 24
780+ (6) Permits each voter at a presidential election to
781+vote by use of a single mark for the candidates of one party
782+or group of petitioners for president, vice president and
783+their presidential electors;
784+ (7) Accurately counts all proper votes cast for each
785+candidate and for and against each question;
786+ (8) Is set to reject all votes, except write -in votes,
787+for any office and on any question when the n umber of votes
788+exceeds the number a voter is lawfully entitled to cast;
789+ (9) Permits each voter, while voting, to clearly see
790+the ballot label;
791+ (10) Has been tested and is certified by an
792+independent authority that meets the voting system sta ndards
793+developed by the Federal Election Commission or its
794+successor agency. The provisions of this subdivision shall
795+not be required for any system purchased prior to August 28,
796+2002.
797+ 3. The secretary of state shall promulgate rules and
798+regulations to allow the use of a computerized voting
799+system. The procedures shall provide for the use of a
800+computerized voting system with the ability to provide a
801+paper audit trail. Notwithstanding any provisions of this
802+chapter to the contrary, such a s ystem may allow for the
803+storage of processed ballot materials in an electronic form.
804+ 4. Any rule or portion of a rule, as that term is
805+defined in section 536.010, that is created under the
806+authority delegated in this section shall become effective
807+only if it complies with and is subject to all of the
808+provisions of chapter 536 and, if applicable, section
809+536.028. This section and chapter 536 are nonseverable and
810+if any of the powers vested with the general assembly
811+pursuant to chapter 536 to r eview, to delay the effective
812+date or to disapprove and annul a rule are subsequently held
813+ 25
814+unconstitutional, then the grant of rulemaking authority and
815+any rule proposed or adopted after August 28, 2002, shall be
816+invalid and void.
817+ 5. If any election authority uses any touchscreen
818+direct-recording electronic vote -counting machine, the
819+election authority may continue to use such machine. Upon
820+the removal of such voting machine from the election
821+authority's inventory because of mechanical malfunc tion,
822+wear and tear, or any other reason, the machine shall not be
823+replaced and no additional direct -recording electronic
824+voting machine shall be added to the election authority's
825+inventory. Such machines shall not be used beginning
826+January 1, 2024.
827+ 6. The secretary of state shall have authority to
828+require cyber security testing, including penetration
829+testing, of vendor machines, programs, and systems. Failure
830+to participate in such testing shall result in a revocation
831+of vendor certificati on. Upon notice from another
832+jurisdiction of cyber security failures or certification
833+withholds or revocation, the secretary of state shall have
834+authority to revoke or withhold certification for vendors.
835+The requirements of this section shall be subj ect to
836+appropriation for the purpose of cyber security testing.
837+ 7. All election authorities and the secretary of state
838+shall be members of the Elections Infrastructure Information
839+Sharing and Analysis Center (EI -ISAC). If the EI-ISAC
840+ceases to exist, the secretary of state may designate a new
841+organization of which each election authority shall be a
842+member, provided such organization shall have substantially
843+the same purpose and mission as the EI -ISAC.
844+ 115.237. 1. Each ballot printed or designed for use
845+with an electronic voting system for any election pursuant
846+to this chapter shall contain all questions and the names of
847+ 26
848+all offices and candidates certified or filed pursuant to
849+this chapter and no other. Beginning January 1, 2024, the
850+official ballot shall be a paper ballot that is hand marked
851+by the voter or by a paper ballot marking device as
852+authorized under section 115.225. As far as practicable,
853+all questions and the names of all offices and candidates
854+for which each voter is entitled to vote shall be printed on
855+one page except for the ballot for political party committee
856+persons in polling places not utilizing an electronic voting
857+system which may be printed separately and in conformity
858+with the requirements contained in this section. As far as
859+practicable, ballots containing only questions and the names
860+of nonpartisan offices and candidates shall be printed in
861+accordance with the provisions of this section, except that
862+the ballot information may be liste d in vertical or
863+horizontal rows. The names of candidates for each office
864+shall be listed in the order in which they are filed.
865+ 2. In polling places using electronic voting systems,
866+the ballot information may be arranged in vertical or
867+horizontal rows or on a number of separate pages or
868+screens. In any event, the name of each candidate, the
869+candidate's party, the office for which he or she is a
870+candidate, and each question shall be indicated clearly on
871+the ballot.
872+ 3. Nothing in this subchapter shall be construed as
873+prohibiting the use of a separate paper ballot for questions
874+[or for the presidential preference primary ] in any polling
875+place using an electronic voting system.
876+ 4. Where electronic voting systems are used and when
877+write-in votes are authorized by law, a write -in ballot,
878+which may be in the form of a separate paper ballot, card,
879+or envelope, may be provided by the election authority to
880+ 27
881+permit each voter to write in the names of persons whose
882+names do not appear o n the ballot.
883+ 5. No ballot printed or designed for use with an
884+electronic voting system for any partisan election held
885+under this chapter shall allow a person to vote a straight
886+political party ticket. For purposes of this subsection, a
887+"straight political party ticket" means voting for all of
888+the candidates for elective office who are on the ballot
889+representing a single political party by a single selection
890+on the ballot.
891+ 6. The secretary of state shall promulgate rules that
892+specify uniform standards for ballot layout for each
893+electronic or computerized ballot counting system approved
894+under the provisions of section 115.225 so that the ballot
895+used with any counting system is, where possible, consistent
896+with the intent of this sectio n. Nothing in this section
897+shall be construed to require the format specified in this
898+section if it does not meet the requirements of the ballot
899+counting system used by the election authority.
900+ 7. Any rule or portion of a rule, as that term is
901+defined in section 536.010, that is created under the
902+authority delegated in this section shall become effective
903+only if it complies with and is subject to all of the
904+provisions of chapter 536 and, if applicable, section
905+536.028. This section and chapte r 536 are nonseverable and
906+if any of the powers vested with the general assembly
907+pursuant to chapter 536 to review, to delay the effective
908+date or to disapprove and annul a rule are subsequently held
909+unconstitutional, then the grant of rulemaking autho rity and
910+any rule proposed or adopted after August 28, 2002, shall be
911+invalid and void.
912+ 115.257. 1. In jurisdictions where electronic voting
913+machines are used, the election authority shall cause the
914+ 28
915+voting machines to be put in order, set, adjusted and made
916+ready for voting before they are delivered to polling places.
917+ 2. At least five days before preparing electronic
918+voting machines for any election, notice of the time and
919+place of such preparation shall be mailed to each
920+independent candidate and the chairman of the county
921+committee of each established political party named on the
922+ballot. The preparation shall be watched by two observers
923+designated by the election authority, one from each major
924+political party, and shall be open to representatives of the
925+political parties, candidates, the news media and the public.
926+ 3. When an electronic voting machine has been examined
927+by such observers and shown to be in good working order, the
928+machine shall be locked against vo ting. The observers shall
929+certify the vote count on each machine is set at zero.
930+ 4. After an electronic voting machine has been
931+properly prepared and locked, its keys shall be retained by
932+the election authority and delivered to the election judge s
933+along with the other election supplies.
934+ 5. For the purpose of processing absentee ballots,
935+cast by voters in person in the office of the election
936+authority that is deemed designated as a polling place , the
937+election authority may cause voting ma chines, if used, to be
938+put in order, set, adjusted, tested, and made ready for
939+voting within one business day of the printing of absentee
940+ballots as provided in section 115.281. The election
941+authority shall have the recording counter except for the
942+protective counter on the voting machine set to zero (000).
943+After the voting machines have been made ready for voting,
944+the election authority shall not permit any person to handle
945+any voting machine, except voters while they are voting and
946+others expressly authorized by the election authority. The
947+election authority shall neither be nor permit any other
948+ 29
949+person to be in any position or near any position that
950+enables the authority or person to see how any absentee
951+voter votes or has voted.
952+ 6. Nothing in this section shall prohibit the on -site
953+storage of electronic voting machines and the preparation of
954+the electronic machines for voting, provided the electronic
955+voting machines are put in order, set, adjusted and made
956+ready for voting as prov ided in subsections 1, 2, 3, 4, and
957+5 of this section.
958+ 115.275. As used in sections 115.275 to 115.304,
959+unless the context clearly indicates otherwise, the
960+following terms shall mean:
961+ (1) "Absentee ballot", any [of the ballots] ballot a
962+person is authorized to cast [away from a polling place ] in
963+the office of the election authority, by mail, or at another
964+authorized location designated by the election authority
965+pursuant to the provisions of sections 115.275 to 115.304;
966+ (2) "Covered voter":
967+ (a) A uniformed services voter who is registered to
968+vote in this state;
969+ (b) A uniformed services voter defined in this section
970+whose voting residence is in this state and who otherwise
971+satisfies this state's voter eligibil ity requirements;
972+ (c) An overseas voter;
973+ (d) Civilian employees of the United States government
974+working outside the boundaries of the United States, and
975+their spouses and dependents;
976+ (e) Active members of religious or welfare
977+organizations assisting servicemen, and their spouses and
978+dependents; or
979+ (f) Persons who have been honorably discharged from
980+the Armed Forces, including the Space Force, or who have
981+terminated their service or employment in any group
982+ 30
983+mentioned in this sec tion within sixty days of an election,
984+and their spouses and dependents;
985+ (3) "Interstate former resident", a former resident
986+and registered voter in this state who moves from Missouri
987+to another state after the deadline to register to vote in
988+any presidential election in the new state and who otherwise
989+possesses the qualifications to register and vote in such
990+state;
991+ (4) ["Intrastate new resident", a registered voter of
992+this state who moves from one election authority's
993+jurisdiction in the state to another election authority's
994+jurisdiction in the state after the last day authorized in
995+this chapter to register to vote in an election and
996+otherwise possesses the qualifications to vote;
997+ (5)] "New resident", a person who moves to this state
998+after the last date authorized in this chapter to register
999+to vote in any presidential election;
1000+ [(6)] (5) "Overseas voter":
1001+ (a) A person who resides outside the United States and
1002+is qualified to vote in the last place in which the per son
1003+was domiciled before leaving the United States; or
1004+ (b) A person who resides outside the United States
1005+and, but for such residence, would be qualified to vote in
1006+the last place in which the person was domiciled before
1007+leaving the United States ;
1008+ [(7)] (6) "Uniformed services":
1009+ (a) Active and reserve components of the Army, Navy,
1010+Air Force, Marine Corps, Space Force, or Coast Guard of the
1011+United States;
1012+ (b) The Merchant Marine, the commissioned corps of the
1013+Public Health Service, or the commissioned corps of the
1014+National Oceanic and Atmospheric Administration of the
1015+United States; or
1016+ 31
1017+ (c) The Missouri National Guard;
1018+ [(8)] (7) "Uniformed services voter", an individual
1019+who is qualified to vote and is:
1020+ (a) A member of the active or reserve components of
1021+the Army, Navy, Air Force, Marine Corps, Space Force, or
1022+Coast Guard of the United States who is on active duty;
1023+ (b) A member of the Merchant Marine, the commissioned
1024+corps of the Public Health Service , or the commissioned
1025+corps of the National Oceanic and Atmospheric Administration
1026+of the United States;
1027+ (c) A member on activated status of the National
1028+Guard; or
1029+ (d) A spouse or dependent of a member referred to in
1030+this subdivision;
1031+ [(9)] (8) "United States", used in the territorial
1032+sense, the several states, the District of Columbia, Puerto
1033+Rico, the United States Virgin Islands, and any territory or
1034+insular possession subject to the jurisdiction of the United
1035+States.
1036+ 115.277. 1. Any registered voter of this state may
1037+cast an absentee ballot in person at a location designated
1038+by the election authority for all candidates and issues for
1039+which such voter is eligible to vote at the polling place.
1040+Any registered voter casting a ballot under the provisions
1041+of this subsection shall provide a form of personal photo
1042+identification that is consistent with subsection 1 of
1043+section 115.427.
1044+ 2. Except as provided in subsections [2, 3,] 4, [and]
1045+5, and 6 of this section, any registered voter of this state
1046+may [vote by] cast an absentee ballot for all candidates and
1047+issues for which such voter would be eligible to vote at the
1048+polling place if such voter expects to be prevented from
1049+going to the polls to vote on election day [due to:]. Any
1050+ 32
1051+absentee ballot that is not requested and completed in
1052+person at the office of the election authority with a form
1053+of personal photo identification that is consistent with
1054+subsection 1 of section 115.427 shall have the stat ement on
1055+the ballot envelope notarized as required under section
1056+115.283, except that absentee ballots requested under
1057+subdivisions (2) and (5) of subsection 3 of this section
1058+shall not require notarization. This subsection shall apply
1059+only in the case of absentee ballots that are not cast in
1060+person.
1061+ 3. A voter may request an absentee ballot for any of
1062+the following reasons:
1063+ (1) Absence on election day from the jurisdiction of
1064+the election authority in which such voter is registered to
1065+vote;
1066+ (2) Incapacity or confinement due to illness or
1067+physical disability on election day, including a person who
1068+is primarily responsible for the physical care of a person
1069+who is incapacitated or confined due to illness or
1070+disability and resides at the same address ;
1071+ (3) Religious belief or practice;
1072+ (4) Employment as:
1073+ (a) An election authority, as a member of an election
1074+authority, or by an election authority at a location other
1075+than such voter's polling place;
1076+ (b) A first responder;
1077+ (c) A health care worker; or
1078+ (d) A member of law enforcement;
1079+ (5) Incarceration, provided all qualifications for
1080+voting are retained;
1081+ (6) Certified participation in the address
1082+confidentiality program established under sections 589.660
1083+to 589.681 because of safety concerns [; or
1084+ 33
1085+ (7) For an election that occurs during the year 2020,
1086+the voter has contracted or is in an at -risk category for
1087+contracting or transmitting severe acute respiratory
1088+syndrome coronavirus 2. This subdivision shall expire on
1089+December 31, 2020].
1090+ [2.] 4. Any covered voter who is eligible to register
1091+and vote in this state may vote in any election for federal
1092+office, statewide office, state legislative office, or
1093+statewide ballot initiatives by submitting a federal
1094+postcard application to apply to vote by absentee ballot or
1095+by submitting a federal postcard application at the polling
1096+place even though the person is not registered. A federal
1097+postcard application submitted by a covered voter pursuant
1098+to this subsection shall also serve as a voter registration
1099+application under section 115.908 and the election authority
1100+shall, if satisfied that the applicant is entitled to
1101+register, place the voter's name on the voter regist ration
1102+file. Each covered voter may vote by absentee ballot or,
1103+upon submitting an affidavit that the person is qualified to
1104+vote in the election, may vote at the person's polling place.
1105+ [3.] 5. Any interstate former resident may vote by
1106+absentee ballot for presidential and vice presidential
1107+electors.
1108+ [4. Any intrastate new resident may vote by absentee
1109+ballot at the election for presidential and vice
1110+presidential electors, United States senator, representative
1111+in Congress, statewide el ected officials and statewide
1112+questions, propositions and amendments from such resident's
1113+new jurisdiction of residence after registering to vote in
1114+such resident's new jurisdiction of residence.
1115+ 5.] 6. Any new resident may vote by absentee ballot
1116+for presidential and vice presidential electors after
1117+ 34
1118+registering to vote in such resident's new jurisdiction of
1119+residence.
1120+ [6. For purposes of this section, the voters who are
1121+in an at-risk category for contracting or transmitting
1122+severe acute respiratory syndrome coronavirus 2 are voters
1123+who:
1124+ (1) Are sixty-five years of age or older;
1125+ (2) Live in a long-term care facility licensed under
1126+chapter 198;
1127+ (3) Have chronic lung disease or moderate to severe
1128+asthma;
1129+ (4) Have serious heart conditions;
1130+ (5) Are immunocompromised;
1131+ (6) Have diabetes;
1132+ (7) Have chronic kidney disease and are undergoing
1133+dialysis; or
1134+ (8) Have liver disease. ]
1135+ 115.279. 1. Application for an abs entee ballot may be
1136+made by the applicant in person, or by mail, or for the
1137+applicant, in person, by his or her guardian or a relative
1138+within the second degree by consanguinity or affinity. The
1139+election authority shall accept applications by facsimile
1140+transmission and by electronic mail within the limits of its
1141+telecommunications capacity.
1142+ 2. Notwithstanding section 115.284, no individual,
1143+group, or party shall solicit a voter into obtaining an
1144+absentee ballot application. Absentee ballot applications
1145+shall not have the information pre -filled prior to it being
1146+provided to a voter.
1147+ 3. Each application shall be made to the election
1148+authority of the jurisdiction in which the person is or
1149+would be registered. Each application shall be in writing
1150+and shall state the applicant's name, address at which he or
1151+ 35
1152+she is or would be registered, his or her reason for voting
1153+an absentee ballot, the address to which the ballot is to be
1154+mailed, if mailing is requested, and for absent uniformed
1155+services and overseas applicants, the applicant's email
1156+address if electronic transmission is requested. If the
1157+reason for the applicant voting absentee is due to the
1158+reasons established under subdivision (6) of subsection 1 of
1159+section 115.277, the ap plicant shall state the voter's
1160+identification information provided by the address
1161+confidentiality program in lieu of the applicant's name,
1162+address at which he or she is or would be registered, and
1163+address to which the ballot is to be mailed, if mailin g is
1164+requested. Each application to vote in a primary election
1165+shall also state which ballot the applicant wishes to
1166+receive. If any application fails to designate a ballot,
1167+the election authority shall, within three working days
1168+after receiving the application, notify the applicant by
1169+mail that it will be unable to deliver an absentee ballot
1170+until the applicant designates which political party ballot
1171+he or she wishes to receive. If the applicant does not
1172+respond to the request for political par ty designation, the
1173+election authority is authorized to provide the voter with
1174+that part of the ballot for which no political party
1175+designation is required.
1176+ [3. Except as provided in subsection 3 of section
1177+115.281,] 4. All applications for abse ntee ballots received
1178+prior to the sixth Tuesday before an election shall be
1179+stored at the office of the election authority until such
1180+time as the applications are processed in accordance with
1181+section 115.281. No application for an absentee ballot
1182+received in the office of the election authority by mail, by
1183+facsimile transmission, by electronic mail, or by a guardian
1184+or relative after 5:00 p.m. on the second Wednesday
1185+ 36
1186+immediately prior to the election shall be accepted by any
1187+election authority. No application for an absentee ballot
1188+submitted by the applicant in person after 5:00 p.m. on the
1189+day before the election shall be accepted by any election
1190+authority, except as provided in subsections [6, 8] 7, 8,
1191+and 9 of this section.
1192+ [4.] 5. Each application for an absentee ballot shall
1193+be signed by the applicant or, if the application is made by
1194+a guardian or relative pursuant to this section, the
1195+application shall be signed by the guardian or relative, who
1196+shall note on the application hi s or her relationship to the
1197+applicant. If an applicant, guardian or relative is blind,
1198+unable to read or write the English language or physically
1199+incapable of signing the application, he or she shall sign
1200+by mark, witnessed by the signature of an ele ction official
1201+or person of his or her own choosing. Any person who
1202+knowingly makes, delivers or mails a fraudulent absentee
1203+ballot application shall be guilty of a class one election
1204+offense.
1205+ [5.] 6. (1) Notwithstanding any law to the contrary ,
1206+any resident of the state of Missouri who resides outside
1207+the boundaries of the United States or who is on active duty
1208+with the Armed Forces of the United States or members of
1209+their immediate family living with them may request an
1210+absentee ballot for both the primary and subsequent general
1211+election with one application.
1212+ (2) The election authority shall provide each absent
1213+uniformed services voter and each overseas voter who submits
1214+a voter registration application or an absentee ballot
1215+request, if the election authority rejects the application
1216+or request, with the reasons for the rejection.
1217+ (3) Notwithstanding any other law to the contrary, if
1218+a standard oath regarding material misstatements of fact is
1219+ 37
1220+adopted for uniformed and over seas voters pursuant to the
1221+Help America Vote Act of 2002, the election authority shall
1222+accept such oath for voter registration, absentee ballot, or
1223+other election-related materials.
1224+ (4) Not later than sixty days after the date of each
1225+regularly scheduled general election for federal office,
1226+each election authority which administered the election
1227+shall submit to the secretary of state in a format
1228+prescribed by the secretary a report on the combined number
1229+of absentee ballots transmitted to, an d returned by, absent
1230+uniformed services voters and overseas voters for the
1231+election. The secretary shall submit to the Election
1232+Assistance Commission a combined report of such information
1233+not later than ninety days after the date of each regularly
1234+scheduled general election for federal office and in a
1235+standardized format developed by the commission pursuant to
1236+the Help America Vote Act of 2002. The secretary shall make
1237+the report available to the general public.
1238+ (5) As used in this section, the terms "absent
1239+uniformed services voter" and "overseas voter" shall have
1240+the meaning prescribed in 52 U.S.C. Section 20310.
1241+ [6.] 7. An application for an absentee ballot by a new
1242+resident shall be submitted in person by the applicant in
1243+the office of the election authority in the election
1244+jurisdiction in which such applicant resides. The
1245+application shall be received by the election authority no
1246+later than 7:00 p.m. on the day of the election. Such
1247+application shall be in the form of an affidavit, executed
1248+in duplicate in the presence of the election authority or
1249+any authorized officer of the election authority, and in
1250+substantially the following form:
1251+ "STATE OF _________
1252+ 38
1253+ [7.] 8. The election authority in whose office an
1254+application is filed pursuant to subsection [6] 7 of this
1255+section shall immediately send a duplicate of such
1256+application to the appropriate official of the state in
1257+which the new resident applicant last resided and shall file
1258+the original of such application in its office.
1259+ [8. An application for an absentee ballot by an
1260+intrastate new resident shall be made in person by the
1261+ COUNTY OF _________ , ss.
1262+ I, ______, do solemnly swear that:
12231263 (1) Before becoming a resident of this state, I
12241264 resided at ______ (residence address) in ______
12251265 (town, township, village or city) of ______
12261266 County in the state of ______;
12271267
1228-121
1229-122
1230-123
1231-124
12321268 (2) I moved to this state after the last day to
12331269 register to vote in such general presidential
12341270 election and I am now residing in the county of
12351271 ______, state of Missouri;
12361272
1237-125
1238-126
1239-127
12401273 (3) I believe I am entitled pursuant to the laws of
12411274 this state to vote in the presi dential election
12421275 to be held November ______, ______ (year);
12431276
1244-128
1245-129
1246-130
1247-131
12481277 (4) I hereby make application for a presidential
12491278 and vice presidential ballot. I have not voted
12501279 and shall not vote other than by this ballot at
12511280 such election.
12521281
1253-132 Signed __________________
1254-133 (Applicant)
1255-134 ________________
1256-135
1257-136
1282+ Signed __________________
1283+ (Applicant)
1284+ ________________
12581285 (Residence
12591286 Address)
12601287
1261-137
1262-138
12631288 Subscribed and sworn to before me this ______ day
12641289 of ______, ______
12651290
1266-139 Signed __________________
1267-140
1268-141
1291+ Signed __________________
12691292 (Title and name of officer authorized to
12701293 administer oaths)"
1271- SCS SB 654 40
1272-section shall immediately send a duplicate of such 144
1273-application to the appropriate official of the state in 145
1274-which the new resident applicant last resided and shall file 146
1275-the original of such application in its office. 147
1276- [8. An application for an absentee ballot by an 148
1277-intrastate new resident shall be ma de in person by the 149
1278-applicant in the office of the election authority in the 150
1279-election jurisdiction in which such applicant resides. The 151
1280-application shall be received by the election authority no 152
1281-later than 7:00 p.m. on the day of the election. Such 153
1282-application shall be in the form of an affidavit, executed 154
1283-in duplicate in the presence of the election authority or an 155
1284-authorized officer of the election authority, and in 156
1285-substantially the following form: 157
1286-158 "STATE OF ______
1287-159 COUNTY OF ______, ss.
1288-160 I, ______, do solemnly swear that:
1289-161
1290-162
1291-163
1292-164
1294+
1295+ 39
1296+applicant in the office of the election authority in the
1297+election jurisdiction in which such applicant resides. The
1298+application shall be received by the election authority no
1299+later than 7:00 p.m. on the day of the election. Such
1300+application shall be in the form of an affidavit, executed
1301+in duplicate in the presence of the election authority or an
1302+authorized officer of the election authority, and in
1303+substantially the following form:
1304+ "STATE OF ______
1305+ COUNTY OF ______, ss.
1306+ I, ______, do solemnly swear that:
12931307 (1) Before becoming a resident of this election
12941308 jurisdiction, I resided at ______ (residence
12951309 address) in ______ (town, township, village or
12961310 city) of ______ county in the state of ______;
12971311
1298-165
1299-166
13001312 (2) I moved to this election jurisdiction after the
13011313 last day to register to vote in such election;
13021314
1303-167
1304-168
1305-169
13061315 (3) I believe I am entitled pursuant to the laws of
13071316 this state to vote in the election to be held
13081317 ______ (date);
13091318
1310-170
1311-171
1312-172
1313-173
1314-174
13151319 (4) I hereby make application for an absentee
13161320 ballot for candidates and issues on which I am
13171321 entitled to vote pursuant to the laws of this
13181322 state. I have not voted and shall not vote
13191323 other than by this ballot at such election.
13201324
1321-175 Signed __________________
1322-176 (Applicant) SCS SB 654 41
1323- 9. An application for an absentee ballot by an 184
1324-interstate former resident shall be received in the office 185
1325-of the election authority where the applicant was formerly 186
1326-registered by 5:00 p.m. on the second Wednesday immediately 187
1327-prior to the election, unless the application is made in 188
1328-person by the applicant in the office of the election 189
1329-authority, in which case such application shall be made no 190
1330-later than 7:00 p.m. on the day of the election. 191
1331- 115.283. 1. Each ballot envelope shall bear a 1
1332-statement on which the voter shall state the voter's name, 2
1333-the voter's voting address, the voter's mailing address and 3
1334-the voter's reason for voting an absent ee ballot. If the 4
1335-reason for the voter voting absentee is due to the reasons 5
1336-established under subdivision (6) of subsection [1] 2 of 6
1337-section 115.277, the voter shall state the voter's 7
1338-identification information provided by the address 8
1339-confidentiality program in lieu of the applicant's name, 9
1340-voting address, and mailing address. On the form, the voter 10
1341-shall also state under penalties of perjury that the voter 11
1342-is qualified to vote in the election, that the voter has not 12
1343-previously voted and will no t vote again in the election, 13
1344-that the voter has personally marked the voter's ballot in 14
1345-secret or supervised the marking of the voter's ballot if 15
1346-the voter is unable to mark it, that the ballot has been 16
1347-177 __________________
1348-178 (Residence Address)
1349-179
1350-180
1325+ Signed __________________
1326+ (Applicant)
1327+ __________________
1328+ (Residence Address)
13511329 Subscribed and sworn to before me this ______ day
13521330 of ______, ______
13531331
1354-181 Signed __________________
1355-182
1356-183
1332+ Signed __________________
13571333 (Title and name of officer authorized to
13581334 administer oaths)"
13591335
1360-] SCS SB 654 42
1361-placed in the ballot envelope and sealed by the voter or 17
1362-under the voter's supervision if the voter is unable to seal 18
1363-it, and that all information contained in the statement is 19
1364-true. In addition, any person providing assistance to the 20
1365-absentee voter shall include a statement on the envelope 21
1366-identifying the person providing assistance under penalties 22
1367-of perjury. Persons authorized to vote only for federal and 23
1368-statewide officers shall also state their former Missouri 24
1369-residence. 25
1370- 2. The statement for persons voting absentee ballots 26
1371-who are registered voters shall be in substantially the 27
1372-following form: 28
1373-29 State of Missouri
1374-30 County (City) of _______________
1375-31
1376-32
1377-33
1378-34
1379-35
1380-36
1381-37
1336+]
1337+ 40
1338+ 9. An application for an absentee ballot by an
1339+interstate former resident shall be received in the office
1340+of the election authority where the applicant was formerly
1341+registered by 5:00 p.m. on the second Wednesday immediatel y
1342+prior to the election, unless the application is made in
1343+person by the applicant in the office of the election
1344+authority, in which case such application shall be made no
1345+later than 7:00 p.m. on the day of the election.
1346+ 115.283. 1. Each ballot envelope shall bear a
1347+statement on which the voter shall state the voter's name,
1348+the voter's voting address, the voter's mailing address and
1349+the voter's reason for voting an absentee ballot. If the
1350+reason for the voter voting absentee is du e to the reasons
1351+established under subdivision (6) of subsection [1] 2 of
1352+section 115.277, the voter shall state the voter's
1353+identification information provided by the address
1354+confidentiality program in lieu of the applicant's name,
1355+voting address, and mailing address. On the form, the voter
1356+shall also state under penalties of perjury that the voter
1357+is qualified to vote in the election, that the voter has not
1358+previously voted and will not vote again in the election,
1359+that the voter has personally m arked the voter's ballot in
1360+secret or supervised the marking of the voter's ballot if
1361+the voter is unable to mark it, that the ballot has been
1362+placed in the ballot envelope and sealed by the voter or
1363+under the voter's supervision if the voter is unable to seal
1364+it, and that all information contained in the statement is
1365+true. In addition, any person providing assistance to the
1366+absentee voter shall include a statement on the envelope
1367+identifying the person providing assistance under penalties
1368+of perjury. Persons authorized to vote only for federal and
1369+statewide officers shall also state their former Missouri
1370+residence.
1371+ 41
1372+ 2. The statement for persons voting absentee ballots
1373+who are registered voters shall be in substantially the
1374+following form:
1375+ State of Missouri
1376+ County (City) of _______________
13821377 I, ______ (print name), a registered voter of
13831378 ______ County (City of St. Louis, Kansas City),
13841379 declare under the penalties of perjury that I am
13851380 voting in person at a location designated by the
13861381 local election authority or I expect to be
13871382 prevented from going to the polls on election day
13881383 due to (check one):
13891384
1390-38
1391-39
1392-40
13931385 ______ absence on election day from the
13941386 jurisdiction of the election authority in
13951387 which I am registered;
13961388
1397-41
1398-42
1399-43
1400-44
1401-45
14021389 ______ incapacity or confinement due to illness or
14031390 physical disability on election day,
14041391 including caring for a person who is
14051392 incapacitated or confined due to illness or
14061393 disability and resides at the same address ;
14071394
1408-46 ______ religious belief or practice;
1409-47
1410-48
1411-49
1412-50
1413-51
1395+ ______ religious belief or practice;
14141396 ______ employment as an election authority [or], by
14151397 an election authority at a location other
14161398 than my polling place , as a first responder,
14171399 as a health care worker, or as a member of
14181400 law enforcement;
1419- SCS SB 654 43
1420-52
1421-53
1401+
14221402 ______ incarceration, although I have retained all
14231403 the necessary qualifications for voting;
14241404
1425-54
1426-55
1427-56
1428-57
14291405 ______ certified participation in the address
14301406 confidentiality program established under
14311407 sections 589.660 to 589.681 because of
14321408 safety concerns.
14331409
1434-58
1435-59
1436-60
1437-61
1438-62
1439-63
1440-64
1441-65
1442-66
1443-67
1444-68
14451410 I hereby state under penalties of perjury that I
14461411 am qualified to vote at this election; I have not
14471412 voted and will not vote other than by this ballot
14481413 at this election. I further state that I marked
14491414 the enclosed ballot in secret or that I am blind,
14501415 unable to read or write English, or physically
14511416 incapable of marking the ballot, and the person of
1417+
1418+ 42
1419+ 3. The statement for persons voting absentee ballots
1420+pursuant to the provisions of subsection 2, 3, 4, or 5 of
1421+section 115.277 without being registered shall be in
1422+substantially the following form:
14521423 my choosing indicated below marked the ballot at
14531424 my direction; all of the information on this
14541425 statement is, to the best of my knowledge and
14551426 belief, true.
1456-
1457-69 __________________ ________________
1458-70
1459-71
1427+ __________________ ________________
14601428 Signature of Voter Signature of
14611429 Person
14621430
1463-72 Assisting Voter
1464-73 (if applicable)
1465-74
1466-75
1431+ Assisting Voter
1432+ (if applicable)
14671433 Signed ______ Subscribed and
14681434 sworn
14691435
1470-76
1471-77
14721436 Signed ______ to before me
14731437 this
14741438
1475-78
1476-79
14771439 Address of Voter ______day of
14781440 ______, ______
14791441
1480-80 __________________ ________________
1481-81 __________________ ________________
1482-82
1483-83
1442+ __________________ ________________
1443+ __________________ ________________
14841444 Mailing addresses Signature of
14851445 notary or
14861446
1487-84 (if different) other officer
1488-85 authorized to
1489-86 administer oaths SCS SB 654 44
1490- 3. The statement for persons voting absentee ballots 87
1491-pursuant to the provisions of subsection 2, 3, 4, or 5 of 88
1492-section 115.277 without being registered shall b e in 89
1493-substantially the following form: 90
1494-91 State of Missouri
1495-92 County (City) of ______
1496-93
1497-94
1498-95
1499-96
1500-97
1501-98
1502-99
1503-100
1504-101
1505-102
1447+ (if different) other officer
1448+ authorized to
1449+ administer oaths
1450+ State of Missouri
1451+ County (City) of ______
15061452 I, ______ (print name), declare under the
15071453 penalties of perjury that I am a citizen of the
15081454 United States and eighteen years of age or older.
15091455 I am not adjudged incapacitated by any court of
15101456 law, and if I have been convicted of a felony or
15111457 of a misdemeanor connected with the right of
1458+
1459+ 43
15121460 suffrage, I have had the voting disabilities
15131461 resulting from such conviction removed pursuant to
15141462 law. I hereby state under penalties of perjury
15151463 that I am qualified to vote at this election.
1516-
1517-103 I am [(check one)]:
1518-104
1519-105
1520-106
1521-107
1522-108
1464+ I am [(check one)]:
15231465 [_____ a resident of the state of Missouri and a
15241466 registered voter in ______ County and moved
15251467 from that county to ______ County, Missouri,
15261468 after the last day to register to vote in
15271469 this election.
15281470
1529-109
1530-110
1531-111
15321471 _____] an interstate former resident of Missouri
15331472 and authorized to vote for presidential and
15341473 vice presidential electors.
15351474
1536-112
1537-113
1538-114
1539-115
1540-116
1541-117
1542-118
1543-119
1544-120
15451475 I further state under penalties of perjury that I
15461476 have not voted and will not vote other than by
15471477 this ballot at this election; I marke d the
15481478 enclosed ballot in secret or am blind, unable to
15491479 read or write English, or physically incapable of
15501480 marking the ballot, and the person of my choosing
15511481 indicated below marked the ballot at my direction;
15521482 all of the information on this statement is, to
15531483 the best of my knowledge and belief, true.
15541484
1555-121
1556-122
15571485 _______________ Subscribed to
15581486 and
1559- SCS SB 654 45
1560- 4. The statement for persons voting absentee ballots 143
1561-who are entitled to vote at the election pursuant to the 144
1562-provisions of subsection 2 of section 115.137 shall be in 145
1563-substantially the following form: 146
1564-123
1565-124
1487+
15661488 Signature of
15671489 Voter
15681490 sworn before me
15691491 this
15701492
1571-125 ______ day of
1572-126 ______, ______
1573-127 _______________
1574-128 _______________ ________________
1575-129
1576-130
1493+ ______ day of
1494+ ______, ______
1495+ _______________
1496+ _______________ ________________
15771497 Address of Voter Signature of
15781498 notary or
15791499
1580-131 other officer
1581-132 authorized to
1582-133 administer oaths
1583-134 ________________ ________________
1584-135 Mailing Address (if different) ________________
1585-136 ________________
1586-137 ________________ ________________
1587-138
1588-139
1500+ other officer
1501+ authorized to
1502+ administer oaths
1503+ ________________ ________________
1504+ Mailing Address (if different) ________________
1505+ 44
1506+ 4. The statement for persons voting absentee ballots
1507+who are entitled to vote at the election pursuant to the
1508+provisions of subsection 2 of section 115.137 shall be in
1509+substantially the following form:
1510+ ________________
1511+ ________________
1512+__
1513+ ________________
15891514 Signature of
15901515 Person
15911516 Address of Last
1592-140
1593-141
15941517 Assisting Voter Missouri
15951518 Residence
15961519
1597-142 (if applicable)
1598-147 State of Missouri
1599-148 County (City) of ______
1600-149
1601-150
1602-151
1603-152
1520+ (if applicable)
1521+ State of Missouri
1522+ County (City) of ______
16041523 I, ______ (print name), declare under the
16051524 penalties of perjury that I expect to be prevented
16061525 from going to the polls on election day due to
16071526 (check one):
1608- SCS SB 654 46
1609-153
1610-154
1611-155
1527+
16121528 ______ absence on election day from the
16131529 jurisdiction of the election authority in
16141530 which I am directed to vote;
16151531
1616-156
1617-157
1618-158
1619-159
1620-160
16211532 ______ incapacity or confinement due to illness or
16221533 physical disability on election day,
16231534 including caring for a person who is
16241535 incapacitated or confined due to illness or
16251536 disability and resides at the same address ;
16261537
1627-161 ______ religious belief or practice;
1628-162
1629-163
1630-164
1631-165
1632-166
1538+ ______ religious belief or practice;
16331539 ______ employment as an election authority [or], by
16341540 an election authority at a location other
16351541 than my polling place , as a first responder,
16361542 as a health care worker, or as a member of
16371543 law enforcement;
16381544
1639-167
1640-168
16411545 ______ incarceration, although I have retained all
16421546 the necessary qualifications of voting;
16431547
1644-169
1645-170
1646-171
1647-172
1548+ 45
1549+ 5. The statement for persons providing assistance to
1550+absentee voters shall be in substantially the following form:
16481551 ______ certified participation in the address
16491552 confidentiality program established under
16501553 sections 589.660 to 589.681 because of
16511554 safety concerns.
16521555
1653-173
1654-174
1655-175
1656-176
1657-177
1658-178
1659-179
1660-180
1661-181
1662-182
1663-183
1664-184
16651556 I hereby state under penalties of perjury that I
16661557 own property in the ______ district and am
16671558 qualified to vote at this election; I have not
16681559 voted and will not vote other than by this ballot
16691560 at this election. I further state that I marked
16701561 the enclosed ballot in secret or that I am blind,
16711562 unable to read and write English, or physically
16721563 incapable of marking the ballot, and the person of
16731564 my choosing indicated below marked the ballot at
16741565 my direction; all of the information on this
16751566 statement is, to the best of my knowledge and
16761567 belief, true.
16771568
1678-185
1679-186
16801569 _______________ Subscribed and
16811570 sworn
16821571
1683-187
1684-188
16851572 Signature of
16861573 Voter
16871574 to before me
16881575 this
16891576
1690-189 ______ day of
1691-190 ______, ______ SCS SB 654 47
1692- 5. The statement for persons p roviding assistance to 202
1693-absentee voters shall be in substantially the following form: 203
1694-191 _______________
1695-192 _______________ _______________
1696-193
1697-194
1577+ ______ day of
1578+ ______, ______
1579+ _______________
1580+ _______________ _______________
16981581 Address Signature of
16991582 notary or
17001583
1701-195 other officer
1702-196 authorized to
1703-197 administer oaths
1704-198 _______________
1705-199 Signature of Person
1706-200 Assisting Voter
1707-201 (if applicable)
1708-204
1709-205
1710-206
1711-207
1712-208
1713-209
1714-210
1715-211
1716-212
1717-213
1718-214
1584+ other officer
1585+ authorized to
1586+ administer oaths
1587+ __________________
1588+ Signature of Person
1589+ Assisting Voter
1590+ (if applicable)
1591+ 46
1592+ [6. The election authority shall, for an election held
1593+during 2020, adjust the forms described in this section to
1594+account for voters voting absentee due to the reason
1595+established pursuant to subdivision (7) of subsection 1 of
1596+section 115.277.
1597+ 7.] 6. Notwithstanding any other provision of this
1598+section, any covered voter as defined in section 115.902 or
1599+persons who have declared themselves to be permanently
1600+disabled pursuant to section 115.284, otherwise entitled to
1601+vote, shall not be required to obtain a notary sea l or
1602+signature on his or her absentee ballot.
1603+ [8.] 7. Notwithstanding any other provision of this
1604+section or section 115.291 to the contrary, the
1605+subscription, signature and seal of a notary or other
1606+officer authorized to administer oaths shall n ot be required
1607+on any ballot, ballot envelope, or statement required by
1608+this section if the reason for the voter voting absentee is
17191609 The voter needed assistance in marking the ballot
17201610 and signing above, because of blindness, other
17211611 physical disability, or inability t o read or to
17221612 read English. I marked the ballot enclosed in this
17231613 envelope at the voter's direction, when I was
17241614 alone with the voter, and I had no other
17251615 communication with the voter as to how he or she
17261616 was to vote. The voter swore or affirmed the voter
17271617 affidavit above and I then signed the voter's name
17281618 and completed the other voter information above.
17291619 Signed under the penalties of perjury.
17301620
1731-215 Reason why voter needed assistance: ______
1732-216 ASSISTING PERSON SIGN HERE
1733-217 1. ______ (signature of assisting person)
1734-218 2. ______ (assisting person's name printed)
1735-219 3. ______ (assisting person's residence)
1736-220 4. ______ (assisting person's home city or town). SCS SB 654 48
1737- [6. The election authority shall, for an election held 221
1738-during 2020, adjust the forms described in this section to 222
1739-account for voters voting absentee due to the reason 223
1740-established pursuant to subdivision (7) of subsection 1 of 224
1741-section 115.277. 225
1742- 7.] 6. Notwithstanding any other provision of this 226
1743-section, any covered voter as defined in section 115.902 or 227
1744-persons who have declared themselves to be permanently 228
1745-disabled pursuant to section 115.284, otherwise entitled to 229
1746-vote, shall not be required to obtain a notary seal or 230
1747-signature on his or her absentee ballot. 231
1748- [8.] 7. Notwithstanding any other provision of this 232
1749-section or section 115.291 to the contrary, the 233
1750-subscription, signature and seal of a notary or other 234
1751-officer authorized to administer oaths shall not be required 235
1752-on any ballot, ballot envelope, or statement required by 236
1753-this section if the reason for the voter voting absentee is 237
1754-due to the reasons established pursuant to subdivision (2) 238
1755-[or (7)] of subsection [1] 3 of section 115.277. 239
1756- [9.] 8. No notary shall charge or collect a fee for 240
1757-notarizing the signature on any absentee ballot or absentee 241
1758-voter registration. 242
1759- [10.] 9. A notary public who charges more than the 243
1760-maximum fee specified or who charges or collects a fee for 244
1761-notarizing the signature on any absentee ballot or absentee 245
1762-voter registration is guilty of official misconduct. 246
1763- 115.285. The secretary of state may prescribe uniform 1
1764-regulations with respect to the printing of ballot envelopes 2
1765-and mailing envelopes, which shall comply with standards 3
1766-established by federal law or postal regulations. Mailing 4
1767-envelopes for use in returning ballots shall be printed with 5
1768-business reply permits so that any ballot ret urned by mail 6 SCS SB 654 49
1769-does not require postage. All fees and costs for 7
1770-establishing and maintaining the business reply and postage - 8
1771-free mail for all ballots cast shall be paid by the 9
1772-secretary of state through state appropriations. 10
1773-[Notwithstanding any prov ision of law to the contrary, a 11
1774-ballot envelope used under section 115.302 shall be the same 12
1775-ballot envelope used for absentee ballots, provided an 13
1776-option shall be listed on the envelope to clearly indicate 14
1777-whether the voter is casting an absentee ball ot or a mail-in 15
1778-ballot.] 16
1779- 115.286. Absentee ballots under sections 115.275 to 1
1780-115.304 received by the election authority in person or 2
1781-other authorized location designated by the election 3
1782-authority are deemed cast when received prior to election 4
1783-day. Absentee ballots received by the election authority 5
1784-through a common carrier such as the United States Postal 6
1785-Service are deemed cast when received prior to the time 7
1786-fixed by law for the closing of the polls on election day. 8
1787-Absentee ballots received by the election authority through 9
1788-a common carrier such as the United States Postal Service 10
1789-shall be received prior to the time fixed by law for the 11
1790-closing of polls on election day. The election authority 12
1791-shall hand mark or stamp e ach absentee ballot envelope as it 13
1792-is received, indicating the date and time the absentee 14
1793-ballot was received. 15
1794- 115.287. 1. Upon receipt of a signed application for 1
1795-an absentee ballot and if satisfied the applicant is 2
1796-entitled to vote by absentee ballot, the election authority 3
1797-shall, within three working days after receiving the 4
1798-application, or if absentee ballots are not available at the 5
1799-time the application is received, within five working days 6
1800-after they become available, deli ver to the voter an 7 SCS SB 654 50
1801-absentee ballot, ballot envelope and such instructions as 8
1802-are necessary for the applicant to vote. Delivery shall be 9
1803-made to the voter personally in the office of the election 10
1804-authority or by bipartisan teams appointed by the elect ion 11
1805-authority, or by first class, registered, or certified mail 12
1806-at the discretion of the election authority, or in the case 13
1807-of a covered voter as defined in section 115.902, the method 14
1808-of transmission prescribed in section 115.914. Where the 15
1809-election authority is a county clerk, the members of 16
1810-bipartisan teams representing the political party other than 17
1811-that of county clerk shall be selected from a list of 18
1812-persons submitted to the county clerk by the county chairman 19
1813-of that party. If no list is provided by the time that 20
1814-absentee ballots are to be made available, the county clerk 21
1815-may select a person or persons from lists provided in 22
1816-accordance with section 115.087. If the election authority 23
1817-is not satisfied that any applicant is entitled to vo te by 24
1818-absentee ballot, it shall not deliver an absentee ballot to 25
1819-the applicant. Within three working days of receiving such 26
1820-an application, the election authority shall notify the 27
1821-applicant and state the reason he or she is not entitled to 28
1822-vote by absentee ballot. The applicant may file a complaint 29
1823-with the elections division of the secretary of state's 30
1824-office under and pursuant to section 115.219. 31
1825- 2. If, after 5:00 p.m. on the second Wednesday before 32
1826-an election, any voter from the jurisdi ction has become 33
1827-hospitalized, becomes confined due to illness or injury, or 34
1828-is confined in an intermediate care facility, residential 35
1829-care facility, or skilled nursing facility on election day, 36
1830-as such terms are defined in section 198.006, in the coun ty 37
1831-in which the jurisdiction is located or in the jurisdiction 38
1832-of an adjacent election authority within the same county, 39 SCS SB 654 51
1833-the election authority shall appoint a team to deliver, 40
1834-witness the signing of and return the voter's application 41
1835-and deliver, witness the voting of and return the voter's 42
1836-absentee ballot. [In counties with a charter form of 43
1837-government and in cities not within a county, and in each 44
1838-city which has over three hundred thousand inhabitants, and 45
1839-is situated in more than one county, ] If the election 46
1840-authority receives ten or more applications for absentee 47
1841-ballots from the same address it [may] shall appoint a team 48
1842-to deliver and witness the voting and return of absentee 49
1843-ballots by voters residing at that address, except when such 50
1844-addresses are for an apartment building or other structure 51
1845-wherein individual living units are located, each of which 52
1846-has its own separate cooking facilities. Each team 53
1847-appointed pursuant to this subsection shall consist of two 54
1848-registered voters, one from each major political party. 55
1849-Both members of any team appointed pursuant to this 56
1850-subsection shall be present during the delivery, signing or 57
1851-voting and return of any application or absentee ballot 58
1852-signed or voted pursuant to this subsection. 59
1853- 3. On the mailing and ballot envelopes for each 60
1854-covered voter, the election authority shall stamp 61
1855-prominently in black the words "FEDERAL BALLOT, STATE OF 62
1856-MISSOURI" and "U.S. Postage Paid, 39 U.S.C. Section 3406". 63
1857- 4. No information which encourag es a vote for or 64
1858-against a candidate or issue shall be provided to any voter 65
1859-with an absentee ballot. 66
1860- 115.291. 1. Upon receiving an absentee ballot by 1
1861-mail, the voter shall mark the ballot in secret, place the 2
1862-ballot in the ballot envelope, seal the envelope and fill 3
1863-out the statement on the ballot envelope. The affidavit of 4
1864-each person voting an absentee ballot shall be subscribed 5 SCS SB 654 52
1865-and sworn to before the election official receiving the 6
1866-ballot, a notary public or other officer authorized by law 7
1867-to administer oaths, unless the voter is voting absentee due 8
1868-to incapacity or confinement due to the provisions of 9
1869-section 115.284, illness or physical disability on election 10
1870-day, [for an election that occurs during the year 2020, the 11
1871-voter has contracted or is in an at -risk category for 12
1872-contracting or transmitting severe acute respiratory 13
1873-syndrome coronavirus 2, as defined in section 115.277, ] or 14
1874-the voter is a covered voter as defined in section 115.902. 15
1875-If the voter is blind, unable to read or write the English 16
1876-language, or physically incapable of voting the ballot, the 17
1877-voter may be assisted by a person of the voter's own 18
1878-choosing. Any person assisting a voter who is not entitled 19
1879-to such assistance, and any person who assi sts a voter and 20
1880-in any manner coerces or initiates a request or a suggestion 21
1881-that the voter vote for or against or refrain from voting on 22
1882-any question, ticket or candidate, shall be guilty of a 23
1883-class one election offense. If, upon counting, challenge or 24
1884-election contest, it is ascertained that any absentee ballot 25
1885-was voted with unlawful assistance, the ballot shall be 26
1886-rejected. [For purposes of this subsection, the voters who 27
1887-are in an at-risk category for contracting or transmitting 28
1888-severe acute respiratory syndrome coronavirus 2 are voters 29
1889-who: 30
1890- (1) Sixty-five years of age or older; 31
1891- (2) Live in a long-term care facility licensed under 32
1892-chapter 198; 33
1893- (3) Have chronic lung disease or moderate to severe 34
1894-asthma; 35
1895- (4) Have serious heart conditions; 36
1896- (5) Are immunocompromised; 37 SCS SB 654 53
1897- (6) Have diabetes; 38
1898- (7) Have chronic kidney disease and are undergoing 39
1899-dialysis; or 40
1900- (8) Have liver disease. ] 41
1901- 2. Except as provided in subsection 4 of this sectio n, 42
1902-each absentee ballot that is not cast by the voter in person 43
1903-in the office of the election authority shall be returned to 44
1904-the election authority in the ballot envelope and shall only 45
1905-be returned by the voter in person, or in person by a 46
1906-relative of the voter who is within the second degree of 47
1907-consanguinity or affinity, by mail or registered carrier or 48
1908-by a team of deputy election authorities; except that 49
1909-covered voters, when sent from a location determined by the 50
1910-secretary of state to be inacces sible on election day, shall 51
1911-be allowed to return their absentee ballots cast by use of 52
1912-facsimile transmission or under a program approved by the 53
1913-Department of Defense for electronic transmission of 54
1914-election materials. 55
1915- 3. In cases of an emergency declared by the President 56
1916-of the United States or the governor of this state where the 57
1917-conduct of an election may be affected, the secretary of 58
1918-state may provide for the delivery and return of absentee 59
1919-ballots by use of a facsimile transmission device or 60
1920-system. Any rule promulgated pursuant to this subsection 61
1921-shall apply to a class or classes of voters as provided for 62
1922-by the secretary of state. 63
1923- 4. No election authority shall refuse to accept and 64
1924-process any otherwise valid marked absentee b allot submitted 65
1925-in any manner by a covered voter solely on the basis of 66
1926-restrictions on envelope type. 67
1927- 115.302. [1. Any registered voter of this state may 1
1928-cast a mail-in ballot as provided in this section. Nothing 2 SCS SB 654 54
1929-in this section shall prevent a voter from casting an 3
1930-absentee ballot, provided such person has not cast a ballot 4
1931-pursuant to this section. Application for a mail -in ballot 5
1932-may be made by the applicant in person, or by United States 6
1933-mail, or on behalf of the applican t by his or her guardian 7
1934-or relative within the second degree of consanguinity or 8
1935-affinity. 9
1936- 2. Each application for a mail -in ballot shall be made 10
1937-to the election authority of the jurisdiction in which the 11
1938-person is registered. Each application shall be in writing 12
1939-and shall state the applicant's name, address at which he or 13
1940-she is registered, the address to which the ballot is to be 14
1941-mailed. 15
1942- 3. All applications for mail -in ballots received prior 16
1943-to the sixth Tuesday before an election sh all be stored at 17
1944-the office of the election authority until such time as the 18
1945-applications are processed under section 115.281. No 19
1946-application for a mail -in ballot received in the office of 20
1947-the election authority after 5:00 p.m. on the second 21
1948-Wednesday immediately prior to the election shall be 22
1949-accepted by any election authority. 23
1950- 4. Each application for a mail -in ballot shall be 24
1951-signed by the applicant or, if the application is made by a 25
1952-guardian or relative under this section, the application 26
1953-shall be signed by the guardian or relative, who shall note 27
1954-on the application his or her relationship to the 28
1955-applicant. If an applicant, guardian, or relative is blind, 29
1956-unable to read or write the English language, or physically 30
1957-incapable of signing the application, he or she shall sign 31
1958-by mark that is witnessed by the signature of an election 32
1959-official or person of his or her choice. Knowingly making, 33 SCS SB 654 55
1960-delivering, or mailing a fraudulent mail -in-ballot 34
1961-application is a class one election offense . 35
1962- 5. Not later than the sixth Tuesday prior to each 36
1963-election, or within fourteen days after candidate names or 37
1964-questions are certified under section 115.125, the election 38
1965-authority shall cause to have printed and made available a 39
1966-sufficient quantity of ballots, ballot envelopes, and 40
1967-mailing envelopes. As soon as possible after a proper 41
1968-official calls a special state or county election, the 42
1969-election authority shall cause to have printed and made 43
1970-available a sufficient quantity of mail -in ballots, ballot 44
1971-envelopes, and mailing envelopes. 45
1972- 6. Each ballot envelope shall bear a statement in 46
1973-substantially the same form described in subsection 9 of 47
1974-this section. In addition, any person providing assistance 48
1975-to the mail-in voter shall include a signature on the 49
1976-envelope identifying the person providing such assistance 50
1977-under penalties of perjury. Persons authorized to vote only 51
1978-for federal and statewide offices shall also state their 52
1979-former Missouri residence. 53
1980- 7. The statement for pe rsons voting mail-in ballots 54
1981-who are registered voters shall be in substantially the 55
1982-following form: 56
1983-57 State of Missouri
1984-58 County (City) of _________
1985-59
1986-60
1987-61
1988-62
1989-63
1990-64
1991-65
1992-66
1621+ Reason why voter needed assistance: ______
1622+ ASSISTING PERSON SIGN HERE
1623+ 1. ______ (signature of assisting person)
1624+ 2. ______ (assisting person's name printed)
1625+ 3. ______ (assisting person's residence)
1626+ 4. ______ (assisting person's home city or town).
1627+ 47
1628+due to the reasons established pursuant to subdivision (2)
1629+[or (7)] of subsection [1] 3 of section 115.277.
1630+ [9.] 8. No notary shall charge or collect a fee for
1631+notarizing the signature on any absentee ballot or absentee
1632+voter registration.
1633+ [10.] 9. A notary public who charges more than the
1634+maximum fee specified or who charges or collects a fee for
1635+notarizing the signature on any absentee ballot or absentee
1636+voter registration is guilty of official misconduct.
1637+ 115.285. The secretary of state may prescribe uniform
1638+regulations with respect to the printing of ballot envelopes
1639+and mailing envelopes, which shall comply with standards
1640+established by federal law or postal regulations. Mailing
1641+envelopes for use in returning ballots shall be printed with
1642+business reply permits so that any ballot returned by mail
1643+does not require postage. All fees and costs for
1644+establishing and maintaining the business reply and postage -
1645+free mail for all ballots cast shall be paid by the
1646+secretary of state through state appropriations.
1647+[Notwithstanding any provision of law to the contrary, a
1648+ballot envelope used under section 115.302 shall be the same
1649+ballot envelope used for absentee ballots, provided an
1650+option shall be listed on the envelope to clearly indicate
1651+whether the voter is casting an absentee ballot or a mail -in
1652+ballot.]
1653+ 115.286. Absentee ballots under sections 115.275 to
1654+115.304 received by the election authority in person or
1655+other authorized location designated by the election
1656+authority are deemed cast when received prior to election
1657+day. Absentee ballots received by the election authority
1658+through a common carrier such as the United States Postal
1659+Service are deemed cast when received prior to the time
1660+fixed by law for the closing of the polls on election day.
1661+ 48
1662+Absentee ballots received by the election authority through
1663+a common carrier such as the United States Postal Service
1664+shall be received prior to the time fixed by law for the
1665+closing of polls on election day. The election authority
1666+shall hand mark or stamp each absentee ballot envelope as it
1667+is received, indicating the date and time the absentee
1668+ballot was received.
1669+ 115.287. 1. Upon receipt of a signed application for
1670+an absentee ballot and if satisfied the applicant is
1671+entitled to vote by absentee ballot, the election authority
1672+shall, within three working days after receiving the
1673+application, or if absentee ballots are not available at the
1674+time the application is received, within five working days
1675+after they become available, deliver to the voter an
1676+absentee ballot, ballot envelope a nd such instructions as
1677+are necessary for the applicant to vote. Delivery shall be
1678+made to the voter personally in the office of the election
1679+authority or by bipartisan teams appointed by the election
1680+authority, or by first class, registered, or certi fied mail
1681+at the discretion of the election authority, or in the case
1682+of a covered voter as defined in section 115.902, the method
1683+of transmission prescribed in section 115.914. Where the
1684+election authority is a county clerk, the members of
1685+bipartisan teams representing the political party other than
1686+that of county clerk shall be selected from a list of
1687+persons submitted to the county clerk by the county chairman
1688+of that party. If no list is provided by the time that
1689+absentee ballots are to be ma de available, the county clerk
1690+may select a person or persons from lists provided in
1691+accordance with section 115.087. If the election authority
1692+is not satisfied that any applicant is entitled to vote by
1693+absentee ballot, it shall not deliver an absente e ballot to
1694+the applicant. Within three working days of receiving such
1695+ 49
1696+an application, the election authority shall notify the
1697+applicant and state the reason he or she is not entitled to
1698+vote by absentee ballot. The applicant may file a complaint
1699+with the elections division of the secretary of state's
1700+office under and pursuant to section 115.219.
1701+ 2. If, after 5:00 p.m. on the second Wednesday before
1702+an election, any voter from the jurisdiction has become
1703+hospitalized, becomes confined due to illness or injury, or
1704+is confined in an intermediate care facility, residential
1705+care facility, or skilled nursing facility on election day,
1706+as such terms are defined in section 198.006, in the county
1707+in which the jurisdiction is located or in the juri sdiction
1708+of an adjacent election authority within the same county,
1709+the election authority shall appoint a team to deliver,
1710+witness the signing of and return the voter's application
1711+and deliver, witness the voting of and return the voter's
1712+absentee ballot. [In counties with a charter form of
1713+government and in cities not within a county, and in each
1714+city which has over three hundred thousand inhabitants, and
1715+is situated in more than one county, ] If the election
1716+authority receives ten or more applica tions for absentee
1717+ballots from the same address it [may] shall appoint a team
1718+to deliver and witness the voting and return of absentee
1719+ballots by voters residing at that address, except when such
1720+addresses are for an apartment building or other struct ure
1721+wherein individual living units are located, each of which
1722+has its own separate cooking facilities. Each team
1723+appointed pursuant to this subsection shall consist of two
1724+registered voters, one from each major political party.
1725+Both members of any team appointed pursuant to this
1726+subsection shall be present during the delivery, signing or
1727+voting and return of any application or absentee ballot
1728+signed or voted pursuant to this subsection.
1729+ 50
1730+ 3. On the mailing and ballot envelopes for each
1731+covered voter, the election authority shall stamp
1732+prominently in black the words "FEDERAL BALLOT, STATE OF
1733+MISSOURI" and "U.S. Postage Paid, 39 U.S.C. Section 3406".
1734+ 4. No information which encourages a vote for or
1735+against a candidate or issue shall be provided to any voter
1736+with an absentee ballot.
1737+ 115.291. 1. Upon receiving an absentee ballot by
1738+mail, the voter shall mark the ballot in secret, place the
1739+ballot in the ballot envelope, seal the envelope and fill
1740+out the statement on the ballot envelope. The affidavit of
1741+each person voting an absentee ballot shall be subscribed
1742+and sworn to before the election official receiving the
1743+ballot, a notary public or other officer authorized by law
1744+to administer oaths, unless the voter i s voting absentee due
1745+to incapacity or confinement due to the provisions of
1746+section 115.284, illness or physical disability on election
1747+day, [for an election that occurs during the year 2020, the
1748+voter has contracted or is in an at -risk category for
1749+contracting or transmitting severe acute respiratory
1750+syndrome coronavirus 2, as defined in section 115.277, ] or
1751+the voter is a covered voter as defined in section 115.902.
1752+If the voter is blind, unable to read or write the English
1753+language, or physical ly incapable of voting the ballot, the
1754+voter may be assisted by a person of the voter's own
1755+choosing. Any person assisting a voter who is not entitled
1756+to such assistance, and any person who assists a voter and
1757+in any manner coerces or initiates a requ est or a suggestion
1758+that the voter vote for or against or refrain from voting on
1759+any question, ticket or candidate, shall be guilty of a
1760+class one election offense. If, upon counting, challenge or
1761+election contest, it is ascertained that any absentee ballot
1762+was voted with unlawful assistance, the ballot shall be
1763+ 51
1764+rejected. [For purposes of this subsection, the voters who
1765+are in an at-risk category for contracting or transmitting
1766+severe acute respiratory syndrome coronavirus 2 are voters
1767+who:
1768+ (1) Sixty-five years of age or older;
1769+ (2) Live in a long-term care facility licensed under
1770+chapter 198;
1771+ (3) Have chronic lung disease or moderate to severe
1772+asthma;
1773+ (4) Have serious heart conditions;
1774+ (5) Are immunocompromised;
1775+ (6) Have diabetes;
1776+ (7) Have chronic kidney disease and are undergoing
1777+dialysis; or
1778+ (8) Have liver disease. ]
1779+ 2. Except as provided in subsection 4 of this section,
1780+each absentee ballot that is not cast by the voter in person
1781+in the office of the election authority shall be returned to
1782+the election authority in the ballot envelope and shall only
1783+be returned by the voter in person, or in person by a
1784+relative of the voter who is within the second degree of
1785+consanguinity or affinity, by mail or registered carrier or
1786+by a team of deputy election authorities; except that
1787+covered voters, when sent from a location determined by the
1788+secretary of state to be inaccessible on election day, shall
1789+be allowed to return their a bsentee ballots cast by use of
1790+facsimile transmission or under a program approved by the
1791+Department of Defense for electronic transmission of
1792+election materials.
1793+ 3. In cases of an emergency declared by the President
1794+of the United States or the go vernor of this state where the
1795+conduct of an election may be affected, the secretary of
1796+state may provide for the delivery and return of absentee
1797+ 52
1798+ballots by use of a facsimile transmission device or
1799+system. Any rule promulgated pursuant to this subsec tion
1800+shall apply to a class or classes of voters as provided for
1801+by the secretary of state.
1802+ 4. No election authority shall refuse to accept and
1803+process any otherwise valid marked absentee ballot submitted
1804+in any manner by a covered voter solely o n the basis of
1805+restrictions on envelope type.
1806+ 115.302. [1. Any registered voter of this state may
1807+cast a mail-in ballot as provided in this section. Nothing
1808+in this section shall prevent a voter from casting an
1809+absentee ballot, provi ded such person has not cast a ballot
1810+pursuant to this section. Application for a mail -in ballot
1811+may be made by the applicant in person, or by United States
1812+mail, or on behalf of the applicant by his or her guardian
1813+or relative within the second degre e of consanguinity or
1814+affinity.
1815+ 2. Each application for a mail -in ballot shall be made
1816+to the election authority of the jurisdiction in which the
1817+person is registered. Each application shall be in writing
1818+and shall state the applicant's name, ad dress at which he or
1819+she is registered, the address to which the ballot is to be
1820+mailed.
1821+ 3. All applications for mail -in ballots received prior
1822+to the sixth Tuesday before an election shall be stored at
1823+the office of the election authority until such time as the
1824+applications are processed under section 115.281. No
1825+application for a mail -in ballot received in the office of
1826+the election authority after 5:00 p.m. on the second
1827+Wednesday immediately prior to the election shall be
1828+accepted by any election authority.
1829+ 4. Each application for a mail -in ballot shall be
1830+signed by the applicant or, if the application is made by a
1831+ 53
1832+guardian or relative under this section, the application
1833+shall be signed by the guardian or relative, who shall note
1834+on the application his or her relationship to the
1835+applicant. If an applicant, guardian, or relative is blind,
1836+unable to read or write the English language, or physically
1837+incapable of signing the application, he or she shall sign
1838+by mark that is witn essed by the signature of an election
1839+official or person of his or her choice. Knowingly making,
1840+delivering, or mailing a fraudulent mail -in-ballot
1841+application is a class one election offense.
1842+ 5. Not later than the sixth Tuesday prior to each
1843+election, or within fourteen days after candidate names or
1844+questions are certified under section 115.125, the election
1845+authority shall cause to have printed and made available a
1846+sufficient quantity of ballots, ballot envelopes, and
1847+mailing envelopes. As soon as possible after a proper
1848+official calls a special state or county election, the
1849+election authority shall cause to have printed and made
1850+available a sufficient quantity of mail -in ballots, ballot
1851+envelopes, and mailing envelopes.
1852+ 6. Each ballot envelope shall bear a statement in
1853+substantially the same form described in subsection 9 of
1854+this section. In addition, any person providing assistance
1855+to the mail-in voter shall include a signature on the
1856+envelope identifying the person providin g such assistance
1857+under penalties of perjury. Persons authorized to vote only
1858+for federal and statewide offices shall also state their
1859+former Missouri residence.
1860+ 7. The statement for persons voting mail -in ballots
1861+who are registered voters shall be in substantially the
1862+following form:
1863+ State of Missouri
1864+ 54
1865+ 8. Upon receipt of a signed application for a mail -in
1866+ballot and if satisfied that the applicant is entitled to
1867+vote by mail-in ballot, the election authority shall, within
1868+three working days after receiving the application, or, if
1869+mail-in ballots are not available at the time the
1870+application is received, within five working days after such
1871+ballots become available, deliver to the voter a mail -in
1872+ County (City) of _________
19931873 I, _________ (print name), a registered voter of
19941874 _________ County (City of St. Louis, Kansas
19951875 City), declare under the penalties of perjury
19961876 that: I am qualified to vote at this election; I
19971877 have not voted and will not vote other than by
19981878 this ballot at this election. I further state
19991879 that I marked the enclosed ballot in secret or
20001880 that I am blind, unable to read or write English,
2001- SCS SB 654 56
2002- 8. Upon receipt of a signed application for a mail -in 86
2003-ballot and if satisfied that the applicant is entitled to 87
2004-vote by mail-in ballot, the election authority shall, within 88
2005-three working days after receiving the application, or, if 89
2006-mail-in ballots are not available at the time the 90
2007-application is received, within five working days after such 91
2008-ballots become available, deliver to the voter a mail -in 92
2009-ballot, ballot envelope and such instructions as are 93
2010-necessary for the applicant to vote. If the election 94
2011-authority is not satisfied that any applicant is entitled to 95
2012-vote by mail-in ballot, the authority shall not deliver a 96
2013-mail-in ballot to the applicant. Within three working days 97
2014-67
2015-68
2016-69
2017-70
2018-71
20191881 or physically incapable of marking the ballot, and
20201882 the person of my choosing indicated below marked
20211883 the ballot at my direction; al l of the information
20221884 on this statement is, to the best of my knowledge
20231885 and belief, true.
2024-72 __________________ __________________
2025-73
2026-74
1886+
1887+ __________________ __________________
20271888 Signature of Voter Signature of
20281889 Person
20291890
2030-75 Assisting Voter
2031-76 (if applicable)
2032-77
2033-78
1891+ Assisting Voter
1892+ (if applicable)
20341893 Subscribed and sworn to before me this _________
20351894 day of _________ , _________ .
20361895
2037-79 __________________
2038-80
2039-81
1896+ __________________
20401897 Signature of notary or other officer authorized to
20411898 administer oaths.
20421899
2043-82 ______________
2044-83 ______________
2045-84 Mailing addresses
2046-85 (if different) SCS SB 654 57
2047-of receiving such an application, the election authority 98
2048-shall notify the applicant and state the reason he or she is 99
2049-not entitled to vote by mail -in ballot. The applicant may 100
2050-file a complaint with the elections division of the 101
2051-secretary of state's office under section 115.219. 102
2052- 9. On the mailing and ballot envelopes for each 103
2053-covered voter, the election authority shall stamp the words 104
2054-"ELECTION BALLOT, STATE OF MISSOURI" and "U.S. Postage Paid, 105
2055-39 U.S.C. Section 3406". 106
2056- 10. No information which encourages a vote for or 107
2057-against a candidate or issue shall be provided to any voter 108
2058-with a mail-in ballot. 109
2059- 11. Upon receiving a mail -in ballot by mail, the voter 110
2060-shall mark the ballot in secret, place the ballot in the 111
2061-ballot envelope, seal the envelope and fill out the 112
2062-statement on the ballot envelope. The statement required 113
2063-under subsection 7 of this section shall be subscribed and 114
2064-sworn to before a notary public or other officer authorized 115
2065-by law to administer oaths. If the voter is blind, unable 116
2066-to read or write the English language, or physically 117
2067-incapable of voting the ballot, the voter may be assisted by 118
2068-a person of the voter's own choosing. Any person who 119
2069-assists a voter and in any manner coerces or initiates a 120
2070-request or suggestion that the voter vote for or against, or 121
2071-refrain from voting on, any question or candidate, shall be 122
2072-guilty of a class one election offense. If, upon counting, 123
2073-challenge, or election contest, it is ascertained that any 124
2074-mail-in ballot was voted with unlawful assistance, the 125
2075-ballot shall be rejected. 126
2076- 12. Each mail-in ballot shall be returned to the 127
2077-election authority in the ballot envelope and shall only be 128
2078-returned by the voter by United States mail. 129 SCS SB 654 58
2079- 13. The secretary of state may prescribe uniform 130
2080-regulations with respect to the printing of ballot envelopes 131
2081-and mailing envelopes, which shall comply with standards 132
2082-established by federal law or postal regulations. Mailing 133
2083-envelopes for use in returning ballots shal l be printed with 134
2084-business reply permits so that any ballot returned by mail 135
2085-does not require postage. All fees and costs for 136
2086-establishing and maintaining the business reply and postage - 137
2087-free mail for all ballots cast shall be paid by the 138
2088-secretary of state through state appropriations. 139
2089- 14. All votes on each mail -in ballot received by an 140
2090-election authority at or before the time fixed by law for 141
2091-the closing of the polls on election day shall be counted. 142
2092-No votes on any mail -in ballot received by an election 143
2093-authority after the time fixed by law for the closing of the 144
2094-polls on election day shall be counted. 145
2095- 15. If sufficient evidence is shown to an election 146
2096-authority that any mail -in voter has died prior to the 147
2097-opening of the polls on election day, the ballot of the 148
2098-deceased voter shall be rejected if it is still sealed in 149
2099-the ballot envelope. Any such rejected ballot, still sealed 150
2100-in its ballot envelope, shall be sealed with the application 151
2101-and any other papers connected therewith in an envelope 152
2102-marked "Rejected ballot of _________ , a mail -in voter of 153
2103-_________ voting district". The reason for rejection shall 154
2104-be noted on the envelope, which shall be kept by the 155
2105-election authority with the other ballots from the election 156
2106-until the ballots are destroyed according to law. 157
2107- 16. As each mail-in ballot is received by the election 158
2108-authority, the election authority shall indicate its receipt 159
2109-on the list. 160 SCS SB 654 59
2110- 17. All mail-in ballot envelopes received by the 161
2111-election authority shall be kept together in a safe place 162
2112-and shall not be opened except as provided under this 163
2113-chapter. 164
2114- 18. Mail-in ballots shall be counted using the 165
2115-procedures set out in sections 115.297, 115.299, 115.300, 166
2116-and 115.303. 167
2117- 19. The false execution of a mail-in ballot is a class 168
2118-one election offense. The attorney general or any 169
2119-prosecuting or circuit attorney shall have the authority to 170
2120-prosecute such offense either in the county of residence of 171
2121-the person or in the circuit court of Cole County. 172
2122- 20. The provisions of this section shall apply only to 173
2123-an election that occurs during the year 2020, to avoid the 174
2124-risk of contracting or transmitting severe acute respiratory 175
2125-syndrome coronavirus 2. 176
2126- 21. The provisions of this section terminate and shall 177
2127-be repealed on December 31, 2020, and shall not apply to any 178
2128-election conducted after that date. ] Mail-in ballots shall 179
2129-not be authorized by any executive or administrative order 180
2130-and no authorization for the use of mail -in ballots shall be 181
2131-inferred from any general law. This section shall not 182
2132-preclude the use of absentee ballots authorized under this 183
2133-chapter. Any expansion of the use of mail -ballots 184
2134-subsequent to the effective date of this act shall require 185
2135-the repeal of this section by explicit reference thereto. 186
2136- 115.349. 1. Except as otherwise provided in sections 1
2137-115.361 to 115.383 [or sections 115.755 to 115.785 ], no 2
2138-candidate's name shall be printed on any official primary 3
2139-ballot unless the candi date has filed a written declaration 4
2140-of candidacy in the office of the appropriate election 5 SCS SB 654 60
2141-official by 5:00 p.m. on the last Tuesday in March 6
2142-immediately preceding the primary election. 7
2143- 2. No declaration of candidacy for nomination in a 8
2144-primary election shall be accepted for filing prior to 8:00 9
2145-a.m. on the last Tuesday in February immediately preceding 10
2146-the primary election. 11
2147- 3. Each declaration of candidacy for nomination in a 12
2148-primary election shall state the candidate's full name, 13
2149-residence address, office for which such candidate proposes 14
2150-to be a candidate, the party ticket on which he or she 15
2151-wishes to be a candidate and that if nominated and elected 16
2152-he or she will qualify. The declaration shall be in 17
2153-substantially the following f orm: 18
2154-19
2155-20
2156-21
2157-22
2158-23
2159-24
2160-25
2161-26
1900+ ______________
1901+ ______________
1902+ Mailing addresses
1903+ (if different)
1904+ 55
1905+ballot, ballot envelope and su ch instructions as are
1906+necessary for the applicant to vote. If the election
1907+authority is not satisfied that any applicant is entitled to
1908+vote by mail-in ballot, the authority shall not deliver a
1909+mail-in ballot to the applicant. Within three working d ays
1910+of receiving such an application, the election authority
1911+shall notify the applicant and state the reason he or she is
1912+not entitled to vote by mail -in ballot. The applicant may
1913+file a complaint with the elections division of the
1914+secretary of state's office under section 115.219.
1915+ 9. On the mailing and ballot envelopes for each
1916+covered voter, the election authority shall stamp the words
1917+"ELECTION BALLOT, STATE OF MISSOURI" and "U.S. Postage Paid,
1918+39 U.S.C. Section 3406".
1919+ 10. No information which encourages a vote for or
1920+against a candidate or issue shall be provided to any voter
1921+with a mail-in ballot.
1922+ 11. Upon receiving a mail -in ballot by mail, the voter
1923+shall mark the ballot in secret, place the ballot in the
1924+ballot envelope, seal the envelope and fill out the
1925+statement on the ballot envelope. The statement required
1926+under subsection 7 of this section shall be subscribed and
1927+sworn to before a notary public or other officer authorized
1928+by law to administer oaths. If the voter is blind, unable
1929+to read or write the English language, or physically
1930+incapable of voting the ballot, the voter may be assisted by
1931+a person of the voter's own choosing. Any person who
1932+assists a voter and in any manner coerces or initiates a
1933+request or suggestion that the voter vote for or against, or
1934+refrain from voting on, any question or candidate, shall be
1935+guilty of a class one election offense. If, upon counting,
1936+challenge, or election contest, it is ascertained that any
1937+ 56
1938+mail-in ballot was voted with unlawful assistance, the
1939+ballot shall be rejected.
1940+ 12. Each mail-in ballot shall be returned to the
1941+election authority in the ballot envelope and shall only be
1942+returned by the voter by United States mail.
1943+ 13. The secretary of state may prescribe uniform
1944+regulations with respect to the printing of ballot envelopes
1945+and mailing envelopes, which shall comply with standards
1946+established by federal law or postal regulations. Mailing
1947+envelopes for use in returning ballots shall be p rinted with
1948+business reply permits so that any ballot returned by mail
1949+does not require postage. All fees and costs for
1950+establishing and maintaining the business reply and postage -
1951+free mail for all ballots cast shall be paid by the
1952+secretary of state through state appropriations.
1953+ 14. All votes on each mail -in ballot received by an
1954+election authority at or before the time fixed by law for
1955+the closing of the polls on election day shall be counted.
1956+No votes on any mail -in ballot received by an election
1957+authority after the time fixed by law for the closing of the
1958+polls on election day shall be counted.
1959+ 15. If sufficient evidence is shown to an election
1960+authority that any mail -in voter has died prior to the
1961+opening of the polls on electi on day, the ballot of the
1962+deceased voter shall be rejected if it is still sealed in
1963+the ballot envelope. Any such rejected ballot, still sealed
1964+in its ballot envelope, shall be sealed with the application
1965+and any other papers connected therewith in an envelope
1966+marked "Rejected ballot of _________ , a mail -in voter of
1967+_________ voting district". The reason for rejection shall
1968+be noted on the envelope, which shall be kept by the
1969+election authority with the other ballots from the election
1970+until the ballots are destroyed according to law.
1971+ 57
1972+ 16. As each mail-in ballot is received by the election
1973+authority, the election authority shall indicate its receipt
1974+on the list.
1975+ 17. All mail-in ballot envelopes received by the
1976+election authority sha ll be kept together in a safe place
1977+and shall not be opened except as provided under this
1978+chapter.
1979+ 18. Mail-in ballots shall be counted using the
1980+procedures set out in sections 115.297, 115.299, 115.300,
1981+and 115.303.
1982+ 19. The false execution of a mail-in ballot is a class
1983+one election offense. The attorney general or any
1984+prosecuting or circuit attorney shall have the authority to
1985+prosecute such offense either in the county of residence of
1986+the person or in the circuit court of Cole County .
1987+ 20. The provisions of this section shall apply only to
1988+an election that occurs during the year 2020, to avoid the
1989+risk of contracting or transmitting severe acute respiratory
1990+syndrome coronavirus 2.
1991+ 21. The provisions of this section termi nate and shall
1992+be repealed on December 31, 2020, and shall not apply to any
1993+election conducted after that date. ] Mail-in ballots shall
1994+not be authorized by any executive or administrative order
1995+and no authorization for the use of mail -in ballots shall be
1996+inferred from any general law. This section shall not
1997+preclude the use of absentee ballots authorized under this
1998+chapter. Any expansion of the use of mail -ballots
1999+subsequent to the effective date of this act shall require
2000+the repeal of this secti on by explicit reference thereto.
2001+ 115.349. 1. Except as otherwise provided in sections
2002+115.361 to 115.383 [or sections 115.755 to 115.785 ], no
2003+candidate's name shall be printed on any official primary
2004+ballot unless the candidate has fi led a written declaration
2005+ 58
2006+of candidacy in the office of the appropriate election
2007+official by 5:00 p.m. on the last Tuesday in March
2008+immediately preceding the primary election.
2009+ 2. No declaration of candidacy for nomination in a
2010+primary election shall be accepted for filing prior to 8:00
2011+a.m. on the last Tuesday in February immediately preceding
2012+the primary election.
2013+ 3. Each declaration of candidacy for nomination in a
2014+primary election shall state the candidate's full name,
2015+residence address, office for which such candidate proposes
2016+to be a candidate, the party ticket on which he or she
2017+wishes to be a candidate and that if nominated and elected
2018+he or she will qualify. The declaration shall be in
2019+substantially the following form:
21622020 I, ______, a resident and registered voter of the
21632021 county of ______ and the state of Missouri,
21642022 residing at ______, do announce myself a candidate
21652023 for the office of ______ on the ______ party
21662024 ticket, to be voted for at the primary el ection to
21672025 be held on the ______ day of ______, ______, and I
21682026 further declare that if nominated and elected to
21692027 such office I will qualify.
21702028
2171-27
2172-28
21732029 _______________ Subscribed and
21742030 sworn
21752031
2176-29
2177-30
21782032 Signature of
21792033 candidate
21802034 to before me
21812035 this
21822036
2183-31 ______ day of
2184-32 ______, ______
2185-33 _______________ _______________
2186-34
2187-35
2037+ ______ day of
2038+ ______, ______
2039+ _______________ _______________
21882040 Residence
21892041 address
21902042 Signature of
21912043 election
21922044
2193-36
2194-37
21952045 official or
21962046 other officer
21972047
2198-38 authorized to SCS SB 654 61
2199- If the declaration is to be filed in person, it shall 44
2200-be subscribed and swor n to by the candidate before an 45
2201-official authorized to accept his or her declaration of 46
2202-candidacy. If the declaration is to be filed by certified 47
2203-mail pursuant to the provisions of subsection 2 of section 48
2204-115.355, it shall be subscribed and sworn to b y the 49
2205-candidate before a notary public or other officer authorized 50
2206-by law to administer oaths. 51
2207- 115.351. No person who files as a party candidate for 1
2208-nomination or election to an office shall, without 2
2209-withdrawing, file as another p arty's candidate or an 3
2210-independent candidate for nomination or election to the 4
2211-office for the same term. No person who files as an 5
2212-independent candidate for election to an office shall, 6
2213-without withdrawing, file as a party candidate for 7
2214-nomination or election to the office for the same term. No 8
2215-person shall file for one office and, without withdrawing, 9
2216-file for another office to be filled at the same election. 10
2217-[A person who files a request to be included on the 11
2218-presidential primary ballot is not prohibited by this 12
2219-section from filing or appearing on any ballot as a party 13
2220-candidate for nomination to another office. ] Receipt by the 14
2221-secretary of state of proper certification of nomination 15
2222-pursuant to subsection 1 of section 115.399 constitutes 16
2223-withdrawal by operation of law pursuant to subsection 1 of 17
2224-39 administer oaths
2225-40 _______________
2226-41 Mailing address (if different)
2227-42 _______________
2228-43 Telephone Number (Optional) SCS SB 654 62
2229-section 115.359 of any presidential or vice presidential 18
2230-nominee from any other office for which such nominee is a 19
2231-candidate at the same election. Any person violating any 20
2232-provision of this section shall be disqualified from running 21
2233-for nomination or election to any office at the primary and 22
2234-general election next succeeding the violation. 23
2235- 115.417. 1. Before the time fixed by law for the 1
2236-opening of the polls, the electio n authority shall deliver 2
2237-to each polling place a sufficient number of voter 3
2238-instruction cards which include the following information: 4
2239-[if paper ballots or an electronic voting system is used, 5
2240-the instructions shall inform the voter on ] how to obtain a 6
2241-ballot for voting, how to vote and prepare the ballot for 7
2242-deposit in the ballot box , and how to obtain a new ballot to 8
2243-replace one accidentally spoiled. 9
2244- 2. The election authority at each polling place shall 10
2245-post in a conspicuous place voting i nstructions on a poster 11
2246-no smaller than twenty -four inches by thirty inches. Such 12
2247-instructions shall also inform the voter that the electronic 13
2248-voting equipment can be demonstrated upon request of the 14
2249-voter. The election authority shall also publicly post 15
2250-during the period of time in which a person may cast an 16
2251-absentee ballot and on election day a sample version of the 17
2252-ballot that will be used for that election, the date of the 18
2253-election, the hours during which the polling place will be 19
2254-open, instructions for mail-in registrants and first -time 20
2255-voters, general information on voting rights in accordance 21
2256-with the state plan filed by the secretary of state pursuant 22
2257-to the Help America Vote Act of 2002, general information on 23
2258-the right to cast a prov isional ballot and instructions for 24
2259-provisional ballots, how to contact appropriate authorities 25
2260-if voting rights have been violated, and general information 26 SCS SB 654 63
2261-on federal and Missouri law regarding prohibitions on acts 27
2262-of fraud and misrepresentation. The secretary of state may 28
2263-promulgate rules to execute this section. No rule or 29
2264-portion of a rule promulgated pursuant to the authority of 30
2265-this section shall become effective unless it has been 31
2266-promulgated pursuant to chapter 536. 32
2267- 3. The secretary of state may develop multilingual 33
2268-voting instructions to be made available to election 34
2269-authorities. 35
2270- 115.427. 1. Persons seeking to vote in a public 1
2271-election shall establish their identity and eligibility to 2
2272-vote at the polling plac e or, if voting absentee in person 3
2273-under section 115.277, at the office of the election 4
2274-authority or other authorized location designated by the 5
2275-election authority by presenting a form of personal photo 6
2276-identification to election officials. No form of personal 7
2277-photo identification other than the forms listed in this 8
2278-section shall be accepted to establish a voter's 9
2279-qualifications to vote. Forms of personal photo 10
2280-identification that satisfy the requirements of this section 11
2281-are any one of the follow ing: 12
2282- (1) Nonexpired Missouri driver's license; 13
2283- (2) Nonexpired or nonexpiring Missouri nondriver's 14
2284-license; 15
2285- (3) A document that satisfies all of the following 16
2286-requirements: 17
2287- (a) The document contains the name of the individual 18
2288-to whom the document was issued, and the name substantially 19
2289-conforms to the most recent signature in the individual's 20
2290-voter registration record; 21
2291- (b) The document shows a photograph of the individual; 22 SCS SB 654 64
2292- (c) The document includes an expiration date, and the 23
2293-document is not expired, or, if expired, the document 24
2294-expired after the date of the most recent general election; 25
2295-and 26
2296- (d) The document was issued by the United States or 27
2297-the state of Missouri; or 28
2298- (4) Any identification containing a photograph of the 29
2299-individual which is issued by the Missouri National Guard, 30
2300-the United States Armed Forces, including the Space Force, 31
2301-or the United States Department of Veteran Affairs to a 32
2302-member or former member of the Missouri National Guard or 33
2303-the United States Armed Forces , including the Space Force, 34
2304-and that is not expired or does not have an expiration date. 35
2305- 2. (1) An individual who appears at a polling place 36
2306-without a form of personal identification described in 37
2307-subsection 1 of this section and who is otherwise qualified 38
2308-to vote at that polling place [may execute a statement, 39
2309-under penalty of perjury, averring that the individual is 40
2310-the person listed in the precinct register; averring that 41
2311-the individual does not possess a form o f personal 42
2312-identification described in subsection 1 of this section; 43
2313-acknowledging that the individual is eligible to receive a 44
2314-Missouri nondriver's license free of charge if desiring it 45
2315-in order to vote; and acknowledging that the individual is 46
2316-required to present a form of personal identification, as 47
2317-described in subsection 1 of this section, in order to 48
2318-vote. Such statement shall be executed and sworn to before 49
2319-the election official receiving the statement. Upon 50
2320-executing such statement, the i ndividual may cast a regular 51
2321-ballot, provided such individual presents one of the 52
2322-following forms of identification: 53 SCS SB 654 65
2323- (a) Identification issued by the state of Missouri, an 54
2324-agency of the state, or a local election authority of the 55
2325-state; 56
2326- (b) Identification issued by the United States 57
2327-government or agency thereof; 58
2328- (c) Identification issued by an institution of higher 59
2329-education, including a university, college, vocational and 60
2330-technical school, located within the state of Missouri; 61
2331- (d) A copy of a current utility bill, bank statement, 62
2332-government check, paycheck, or other government document 63
2333-that contains the name and address of the individual; 64
2334- (e) Other identification approved by the secretary of 65
2335-state under rules promulga ted pursuant to this section. 66
2336- (2) For any individual who appears at a polling place 67
2337-without a form of personal identification described in 68
2338-subsection 1 of this section and who is otherwise qualified 69
2339-to vote at that polling place, the election auth ority may 70
2340-take a picture of such individual and keep it as part of 71
2341-that individual's voter registration file at the election 72
2342-authority. 73
2343- (3) Any individual who chooses not to execute the 74
2344-statement described in subdivision (1) of this subsection 75
2345-may cast a provisional ballot. Such provisional ballot 76
2346-shall be counted, provided that it meets the requirements of 77
2347-subsection 4 of this section. 78
2348- (4) For the purposes of this section, the term 79
2349-"election official" shall include any person working u nder 80
2350-the authority of the election authority. 81
2351- 3. The statement to be used for voting under 82
2352-subdivision (1) of subsection 2 of this section shall be 83
2353-substantially in the following form: 84 SCS SB 654 66
2354- 4. A voter] shall be allowed to cast a provisional 110
2355-ballot [under section 115.430 even if the election judges 111
2356-cannot establish the voter's identity under this section ]. 112
2357-The election judges shall make a notation on the provisional 113
2358-ballot envelope to indicate that the voter's identity was 114
2359-not verified. 115
2360- (2) No person shall be enti tled to receive a 116
2361-provisional ballot until such person has completed a 117
2362-provisional ballot affidavit on the provisional ballot 118
2363-85 "State of ______
2364-86 County of ______
2365-87
2366-88
2367-89
2368-90
2369-91
2370-92
2371-93
2372-94
2373-95
2374-96
2375-97
2376-98
2377-99
2378-100
2048+ authorized to
2049+ 59
2050+ If the declaration is to be filed in person, it shall
2051+be subscribed and sworn to by the candidate before an
2052+official authorized to accept his or her declaration of
2053+candidacy. If the declaration is to be filed by certified
2054+mail pursuant to the provisions of subsection 2 of section
2055+115.355, it shall be subscribed and sworn to by the
2056+candidate before a notary public or other office r authorized
2057+by law to administer oaths.
2058+ 115.351. No person who files as a party candidate for
2059+nomination or election to an office shall, without
2060+withdrawing, file as another party's candidate or an
2061+independent candidate for nomination or election to the
2062+office for the same term. No person who files as an
2063+independent candidate for election to an office shall,
2064+without withdrawing, file as a party candidate for
2065+nomination or election to the office for the same term. No
2066+person shall file for one office and, without withdrawing,
2067+file for another office to be filled at the same election.
2068+[A person who files a request to be included on the
2069+presidential primary ballot is not prohibited by this
2070+section from filing or appearing on any ballot as a party
2071+candidate for nomination to another office. ] Receipt by the
2072+secretary of state of proper certification of nomination
2073+pursuant to subsection 1 of section 115.399 constitutes
2074+withdrawal by operation of law pursuant to subsection 1 of
2075+section 115.359 of any presidential or vice presidential
2076+nominee from any other office for which such nominee is a
2077+ administer oaths
2078+ _______________
2079+ Mailing address (if different)
2080+ _______________
2081+ Telephone Number (Optional)
2082+ 60
2083+candidate at the same election. Any person violating any
2084+provision of this section shall be disqualified from running
2085+for nomination or election to any office at the primary and
2086+general election next succeeding the violation.
2087+ 115.417. 1. Before the time fixed by law for the
2088+opening of the polls, the election authority shall deliver
2089+to each polling place a sufficient n umber of voter
2090+instruction cards which include the following information:
2091+[if paper ballots or an electronic voting system is used,
2092+the instructions shall inform the voter on ] how to obtain a
2093+ballot for voting, how to vote and prepare the ballot for
2094+deposit in the ballot box , and how to obtain a new ballot to
2095+replace one accidentally spoiled.
2096+ 2. The election authority at each polling place shall
2097+post in a conspicuous place voting instructions on a poster
2098+no smaller than twenty -four inches by thirty inches. Such
2099+instructions shall also inform the voter that the electronic
2100+voting equipment can be demonstrated upon request of the
2101+voter. The election authority shall also publicly post
2102+during the period of time in which a person may cast an
2103+absentee ballot and on election day a sample version of the
2104+ballot that will be used for that election, the date of the
2105+election, the hours during which the polling place will be
2106+open, instructions for mail -in registrants and first -time
2107+voters, general information on voting rights in accordance
2108+with the state plan filed by the secretary of state pursuant
2109+to the Help America Vote Act of 2002, general information on
2110+the right to cast a provisional ballot and instructions for
2111+provisional ballots, how t o contact appropriate authorities
2112+if voting rights have been violated, and general information
2113+on federal and Missouri law regarding prohibitions on acts
2114+of fraud and misrepresentation. The secretary of state may
2115+promulgate rules to execute this secti on. No rule or
2116+ 61
2117+portion of a rule promulgated pursuant to the authority of
2118+this section shall become effective unless it has been
2119+promulgated pursuant to chapter 536.
2120+ 3. The secretary of state may develop multilingual
2121+voting instructions to be ma de available to election
2122+authorities.
2123+ 115.427. 1. Persons seeking to vote in a public
2124+election shall establish their identity and eligibility to
2125+vote at the polling place or, if voting absentee in person
2126+under section 115.277, at the office of the election
2127+authority or other authorized location designated by the
2128+election authority by presenting a form of personal photo
2129+identification to election officials. No form of personal
2130+photo identification other than the forms listed in thi s
2131+section shall be accepted to establish a voter's
2132+qualifications to vote. Forms of personal photo
2133+identification that satisfy the requirements of this section
2134+are any one of the following:
2135+ (1) Nonexpired Missouri driver's license;
2136+ (2) Nonexpired or nonexpiring Missouri nondriver's
2137+license;
2138+ (3) A document that satisfies all of the following
2139+requirements:
2140+ (a) The document contains the name of the individual
2141+to whom the document was issued, and the name substantially
2142+conforms to the most recent signature in the individual's
2143+voter registration record;
2144+ (b) The document shows a photograph of the individual;
2145+ (c) The document includes an expiration date, and the
2146+document is not expired, or, if expired, the document
2147+expired after the date of the most recent general election;
2148+and
2149+ 62
2150+ (d) The document was issued by the United States or
2151+the state of Missouri; or
2152+ (4) Any identification containing a photograph of the
2153+individual which is issued by the Missouri Nati onal Guard,
2154+the United States Armed Forces, including the Space Force,
2155+or the United States Department of Veteran Affairs to a
2156+member or former member of the Missouri National Guard or
2157+the United States Armed Forces , including the Space Force,
2158+and that is not expired or does not have an expiration date.
2159+ 2. (1) An individual who appears at a polling place
2160+without a form of personal identification described in
2161+subsection 1 of this section and who is otherwise qualified
2162+to vote at that polling p lace [may execute a statement,
2163+under penalty of perjury, averring that the individual is
2164+the person listed in the precinct register; averring that
2165+the individual does not possess a form of personal
2166+identification described in subsection 1 of this secti on;
2167+acknowledging that the individual is eligible to receive a
2168+Missouri nondriver's license free of charge if desiring it
2169+in order to vote; and acknowledging that the individual is
2170+required to present a form of personal identification, as
2171+described in subsection 1 of this section, in order to
2172+vote. Such statement shall be executed and sworn to before
2173+the election official receiving the statement. Upon
2174+executing such statement, the individual may cast a regular
2175+ballot, provided such individual pre sents one of the
2176+following forms of identification:
2177+ (a) Identification issued by the state of Missouri, an
2178+agency of the state, or a local election authority of the
2179+state;
2180+ (b) Identification issued by the United States
2181+government or agency thereof;
2182+ 63
2183+ (c) Identification issued by an institution of higher
2184+education, including a university, college, vocational and
2185+technical school, located within the state of Missouri;
2186+ (d) A copy of a current utility bill, bank statement,
2187+government check, paycheck, or other government document
2188+that contains the name and address of the individual;
2189+ (e) Other identification approved by the secretary of
2190+state under rules promulgated pursuant to this section.
2191+ (2) For any individual who app ears at a polling place
2192+without a form of personal identification described in
2193+subsection 1 of this section and who is otherwise qualified
2194+to vote at that polling place, the election authority may
2195+take a picture of such individual and keep it as part o f
2196+that individual's voter registration file at the election
2197+authority.
2198+ (3) Any individual who chooses not to execute the
2199+statement described in subdivision (1) of this subsection
2200+may cast a provisional ballot. Such provisional ballot
2201+shall be counted, provided that it meets the requirements of
2202+subsection 4 of this section.
2203+ (4) For the purposes of this section, the term
2204+"election official" shall include any person working under
2205+the authority of the election authority.
2206+ 3. The statement to be used for voting under
2207+subdivision (1) of subsection 2 of this section shall be
2208+substantially in the following form:
2209+ "State of ______
2210+ County of ______
23792211 I do solemnly swear (or affirm) that my name is
23802212 ______; that I reside at ______; that I am the
23812213 person listed in the precinct register under this
23822214 name and at this address; and that, under penalty
23832215 of perjury, I do not possess a form of personal
23842216 identification approved for voting. As a person
2217+
2218+ 64
2219+ 4. A voter] shall be allowed to cast a provisional
2220+ballot [under section 115.430 even i f the election judges
2221+cannot establish the voter's identity under this section ].
2222+The election judges shall make a notation on the provisional
2223+ballot envelope to indicate that the voter's identity was
2224+not verified.
2225+ (2) No person shall be entitl ed to receive a
2226+provisional ballot until such person has completed a
2227+provisional ballot affidavit on the provisional ballot
2228+envelope. All provisional ballots shall be marked with a
2229+conspicuous stamp or mark that makes them distinguishable
2230+from other ballots.
2231+ (3) The provisional ballot envelope shall be completed
2232+by the voter for use in determining the voter's eligibility
2233+to cast a ballot.
2234+ 3. The provisional ballot envelope shall provide a
2235+place for the voter's name, address, date of bir th, and last
23852236 who does not possess a form of personal
23862237 identification approved for voting, I acknowledge
23872238 that I am eligible to receive free of charge a
23882239 Missouri nondriver's license at any fee office if
23892240 desiring it in order to vote. I furthermore
23902241 acknowledge that I am required to present a form
23912242 of personal identification, as prescribed by law,
23922243 in order to vote.
2393-
2394-101
2395-102
2396-103
23972244 I understand that knowingly providing false
23982245 information is a violation of law and subjects me
23992246 to possible criminal prosecution.
24002247
2401-104 __________________
2402-105 Signature of voter
2403-106
2404-107
2248+ __________________
2249+ Signature of voter
24052250 Subscribed and affirmed before me this ______ day
24062251 of ______, 20______
24072252
2408-108 __________________
2409-109 Signature of election official" SCS SB 654 67
2410-envelope. All provisional ballots shall be marked with a 119
2411-conspicuous stamp or mark that makes them distinguishable 120
2412-from other ballots. 121
2413- (3) The provisional ballot envelope shall be completed 122
2414-by the voter for use in determining the voter's eligibility 123
2415-to cast a ballot. 124
2416- 3. The provisional ballot envelope shall provide a 125
2417-place for the voter's name, address, date of b irth, and last 126
2418-four digits of his or her Social Security number, followed 127
2419-by a certificate in substantially the following form: 128
2420-129
2421-130
2422-131
2423-132
2253+ __________________
2254+ Signature of election official"
2255+ 65
2256+four digits of his or her Social Security number, followed
2257+by a certificate in substantially the following form:
24242258 I do solemnly swear that I am the person
24252259 identified above and the information provided is
24262260 correct. I understand that my vote will not be
24272261 counted unless:
24282262
2429-133
2430-134
2431-135
24322263 (1) (a) I return to this polling place today
24332264 between 6:00 a.m. and 7:00 p.m. and provide one of
24342265 the following forms of identification:
24352266
2436-136 a. Nonexpired Missouri driver's license;
2437-137
2438-138
2267+ a. Nonexpired Missouri driver's license;
24392268 b. Nonexpired or nonexpiring Missouri nondriver's
24402269 license;
24412270
2442-139
2443-140
24442271 c. A document that satisfies all of the following
24452272 requirements:
24462273
2447-141
2448-142
2449-143
24502274 (i) The document contains my name, in
24512275 substantially the same form as the most recent
24522276 signature on my voter registration record;
24532277
2454-144 (ii) The document contains my photograph;
2455-145
2456-146
2457-147
2458-148
2278+ (ii) The document contains my photograph;
24592279 (iii) The document contains an expiration date
24602280 and is not expired, or if expired, the document
24612281 expired after the date of the most recent general
24622282 election; and
24632283
2464-149
2465-150
24662284 (iv) The document was issued by the United States
24672285 or the state of Missouri; or
24682286
2469-151
2470-152
24712287 d. Identification containing my photograph issued
24722288 to me by the Missouri National Guard, the United
2473- SCS SB 654 68
2474-Once voted, the provisional ballot shall be sealed in the 172
2475-provisional ballot envelope and placed in a separate secured 173
2476-container by the election judge. 174
2477- 4. The provisional ballot cast by such vot er shall not 175
2478-be counted unless: 176
2479- (1) (a) The voter returns to the polling place during 177
2480-the uniform polling hours established by section 115.407 and 178
2481-provides a form of personal identification that allows the 179
2482-election judges to verify the voter's i dentity as provided 180
2483-in subsection 1 of this section; or 181
2484- (b) The election authority verifies the identity of 182
2485-the individual by comparing that individual's signature to 183
2486-the signature on file with the election authority and 184
2487-153
2488-154
2489-155
2490-156
2491-157
2492-158
24932289 States Armed Forces, including Space Force, or the
24942290 United States Department of Veteran Affairs as a
24952291 member or former member of the Missouri National
24962292 Guard or the United States Armed Forces that is
24972293 not expired or does not have an expiration date;
24982294 or
2499-159
2500-160
2501-161
2502-162
2503-163
2295+
25042296 (b) The election authority verifies my identity
25052297 by comparing my signature on this envelope to the
25062298 signature on file with the election authority and
25072299 determines that I was eligible to cast a ballot at
25082300 this polling place; and
25092301
2510-164
2511-165
2512-166
2302+ 66
2303+Once voted, the provisional ballot shall be sealed in the
2304+provisional ballot envelope and placed in a separate secured
2305+container by the election judge.
2306+ 4. The provisional ballot cast by such voter shall not
2307+be counted unless:
2308+ (1) (a) The voter returns to the polling place during
2309+the uniform polling hours established by section 115.407 and
2310+provides a form of personal identification that allows the
2311+election judges to verify the voter 's identity as provided
2312+in subsection 1 of this section; or
2313+ (b) The election authority verifies the identity of
2314+the individual by comparing that individual's signature to
2315+the signature on file with the election authority and
2316+determines that the i ndividual was eligible to cast a ballot
2317+at the polling place where the ballot was cast; and
2318+ (2) The provisional ballot otherwise qualifies to be
2319+counted under section 115.430.
2320+ 5. [The secretary of state shall provide advance
2321+notice of the personal identification requirements of
2322+subsection 1 of this section in a manner calculated to
2323+inform the public generally of the requirement for forms of
2324+personal identification as provided in this section. Such
2325+advance notice shall include, at a minim um, the use of
25132326 (2) This provisional bal lot otherwise qualifies to
25142327 be counted under the laws of the state of
25152328 Missouri.
25162329
2517-167 __________________ __________________
2518-168 Signature of Voter Date
2519-169 __________________ __________________
2520-170
2521-171
2330+ __________________ __________________
2331+ Signature of Voter Date
2332+ __________________ __________________
25222333 Signatures of Election
25232334 Officials
2524- SCS SB 654 69
2525-determines that the indiv idual was eligible to cast a ballot 185
2526-at the polling place where the ballot was cast; and 186
2527- (2) The provisional ballot otherwise qualifies to be 187
2528-counted under section 115.430. 188
2529- 5. [The secretary of state shall provide advance 189
2530-notice of the person al identification requirements of 190
2531-subsection 1 of this section in a manner calculated to 191
2532-inform the public generally of the requirement for forms of 192
2533-personal identification as provided in this section. Such 193
2534-advance notice shall include, at a minimum, the use of 194
2535-advertisements and public service announcements in print, 195
2536-broadcast television, radio, and cable television media, as 196
2537-well as the posting of information on the opening pages of 197
2538-the official state internet websites of the secretary of 198
2539-state and governor. 199
2540- 6.] (1) Notwithstanding the provisions of section 200
2541-136.055 and section 302.181 to the contrary, the state and 201
2542-all fee offices shall provide one nondriver's license at no 202
2543-cost to any otherwise qualified voter who does not already 203
2544-possess such identification and who desires the 204
2545-identification [in order to vote] for voting. 205
2546- (2) This state and its agencies shall provide one copy 206
2547-of each of the following, free of charge, if needed by an 207
2548-individual seeking to obtain a form of pers onal photo 208
2549-identification described in subsection 1 of this section in 209
2550-order to vote: 210
2551- (a) A birth certificate; 211
2552- (b) A marriage license or certificate; 212
2553- (c) A divorce decree; 213
2554- (d) A certificate of decree of adoption; 214
2555- (e) A court order changing the person's name; 215 SCS SB 654 70
2556- (f) A Social Security card reflecting an updated name; 216
2557-and 217
2558- (g) Naturalization papers or other documents from the 218
2559-United States Department of State proving citizenship. 219
2560-Any individual seeking one of the above documents in order 220
2561-to obtain a form of personal photo identification described 221
2562-in subsection 1 of this section [in order to vote] for 222
2563-voting may request the secretary of state to facilitate the 223
2564-acquisition of such documents. The secretary of state sh all 224
2565-pay any fee or fees charged by another state or its 225
2566-agencies, or any court of competent jurisdiction in this 226
2567-state or any other state, or the federal government or its 227
2568-agencies, in order to obtain any of the above documents from 228
2569-such state or the federal government. 229
2570- (3) [All costs associated with the implementation of 230
2571-this section shall be reimbursed from the general revenue of 231
2572-this state by an appropriation for that purpose. If there 232
2573-is not a sufficient appropriation of state funds, then the 233
2574-personal identification requirements of subsection 1 of this 234
2575-section shall not be enforced. 235
2576- (4)] Any applicant who requests a nondriver's license 236
2577-for [the purpose of] voting shall not be required to pay a 237
2578-fee [if the applicant executes a sta tement, under penalty of 238
2579-perjury, averring that the applicant does not have any other 239
2580-form of personal identification that meets the requirements 240
2581-of this section]. The state of Missouri shall pay the 241
2582-legally required fees for any such applicant. [The director 242
2583-of the department of revenue shall design a statement to be 243
2584-used for this purpose. The total cost associated with 244
2585-nondriver's license photo identification under this 245
2586-subsection shall be borne by the state of Missouri from 246 SCS SB 654 71
2587-funds appropriated to the department of revenue for that 247
2588-specific purpose.] The department of revenue and a local 248
2589-election authority may enter into a contract that allows the 249
2590-local election authority to assist the department in issuing 250
2591-nondriver's license photo identif ications. 251
2592- [7.] 6. The director of the department of revenue 252
2593-shall, by January first of each year, prepare and deliver to 253
2594-each member of the general assembly a report documenting the 254
2595-number of individuals who have requested and received a 255
2596-nondriver's license photo identification for the purposes of 256
2597-voting under this section. The report shall also include 257
2598-the number of persons requesting a nondriver's license for 258
2599-purposes of voting under this section, but not receiving 259
2600-such license, and the rea son for the denial of the 260
2601-nondriver's license. 261
2602- [8.] 7. The precinct register shall serve as the voter 262
2603-identification certificate. The following form shall be 263
2604-printed at the top of each page of the precinct register: 264
2605-265 VOTER'S IDENTIFICATION CERTIFICATE
2606-266
2607-267
2608-268
2335+
2336+ 67
2337+advertisements and public service announcements in print,
2338+broadcast television, radio, and cable television media, as
2339+well as the posting of information on the opening pages of
2340+the official state internet websites of the secretary of
2341+state and governor.
2342+ 6.] (1) Notwithstanding the provisions of section
2343+136.055 and section 302.181 to the contrary, the state and
2344+all fee offices shall provide one nondriver's license at no
2345+cost to any otherwise qualified voter who does not already
2346+possess such identification and who desires the
2347+identification [in order to vote] for voting.
2348+ (2) This state and its agencies shall provide one copy
2349+of each of the following, free of charge, if needed by an
2350+individual seeking to obtain a form of personal photo
2351+identification described in subsection 1 of this section in
2352+order to vote:
2353+ (a) A birth certificate;
2354+ (b) A marriage license or certificate;
2355+ (c) A divorce decree;
2356+ (d) A certificate of decree of adoption;
2357+ (e) A court order changing the person's name;
2358+ (f) A Social Security card reflecting an updated name;
2359+and
2360+ (g) Naturalization papers or other documents from the
2361+United States Department of State proving citizenship.
2362+Any individual seeking one of the a bove documents in order
2363+to obtain a form of personal photo identification described
2364+in subsection 1 of this section [in order to vote] for
2365+voting may request the secretary of state to facilitate the
2366+acquisition of such documents. The secretary of stat e shall
2367+pay any fee or fees charged by another state or its
2368+agencies, or any court of competent jurisdiction in this
2369+state or any other state, or the federal government or its
2370+ 68
2371+agencies, in order to obtain any of the above documents from
2372+such state or the federal government.
2373+ (3) [All costs associated with the implementation of
2374+this section shall be reimbursed from the general revenue of
2375+this state by an appropriation for that purpose. If there
2376+is not a sufficient appropriation of state funds, then the
2377+personal identification requirements of subsection 1 of this
2378+section shall not be enforced.
2379+ (4)] Any applicant who requests a nondriver's license
2380+for [the purpose of] voting shall not be required to pay a
2381+fee [if the applicant executes a statement, under penalty of
2382+perjury, averring that the applicant does not have any other
2383+form of personal identification that meets the requirements
2384+of this section]. The state of Missouri shall pay the
2385+legally required fees for any such applicant. [The director
2386+of the department of revenue shall design a statement to be
2387+used for this purpose. The total cost associated with
2388+nondriver's license photo identification under this
2389+subsection shall be borne by the state of Missouri from
2390+funds appropriated to the department of revenue for that
2391+specific purpose.] The department of revenue and a local
2392+election authority may enter into a contract that allows the
2393+local election authority to assist the department in issuing
2394+nondriver's license photo ide ntifications.
2395+ [7.] 6. The director of the department of revenue
2396+shall, by January first of each year, prepare and deliver to
2397+each member of the general assembly a report documenting the
2398+number of individuals who have requested and received a
2399+nondriver's license photo identification for the purposes of
2400+voting under this section. The report shall also include
2401+the number of persons requesting a nondriver's license for
2402+purposes of voting under this section, but not receiving
2403+ 69
2404+such license, and the reason for the denial of the
2405+nondriver's license.
2406+ [8.] 7. The precinct register shall serve as the voter
2407+identification certificate. The following form shall be
2408+printed at the top of each page of the precinct register:
2409+ [9.] 8. The secretary of state shall promulgate rules
2410+to effectuate the provisions of this section.
2411+ [10.] 9. Any rule or portion of a rule, as that term
2412+is defined in section 536.010, that is created under the
2413+authority delegated in this section shall become effective
2414+only if it complies with and is subject to all of the
2415+provisions of chapter 536 and, if applicable, section
2416+536.028. This section and chapter 536 are nonseverable and
2417+if any of the powers vested with the general assembly
2418+pursuant to chapter 536 to review, to de lay the effective
2419+date or to disapprove and annul a rule are subsequently held
2420+unconstitutional, then the grant of rulemaking authority and
2421+any rule proposed or adopted after August 28, 2002, shall be
2422+invalid and void.
2423+ VOTER'S IDENTIFICATION CERTIFICATE
26092424 Warning: It is against the law for anyone to vote,
26102425 or attempt to vote, without having a lawful right
26112426 to vote.
26122427
2613-269 PRECINCT
2614-270 WARD OR TOWNSHIP ______
2615-271 GENERAL (SPECIAL, PRIMARY) ELECTION
2616-272 Held ______, 20______
2617-273 Date
2618-274
2619-275
2620-276
2428+ PRECINCT
2429+ WARD OR TOWNSHIP ______
2430+ GENERAL (SPECIAL, PRIMARY) ELECTION
2431+ Held ______, 20______
2432+ Date
26212433 I hereby certify that I am qualified to vote at
26222434 this election by signing my name and verifying my
26232435 address by signing my initials next to my address.
2624- SCS SB 654 72
2625- [9.] 8. The secretary of state shall promulgate rules 277
2626-to effectuate the provisions of this section. 278
2627- [10.] 9. Any rule or portion of a rule, as that term 279
2628-is defined in section 536.010, that is created under the 280
2629-authority delegated in this section shall become effective 281
2630-only if it complies with and is subject to all of the 282
2631-provisions of chapter 536 and, if applicable, section 283
2632-536.028. This section and chapter 536 are nonseverable and 284
2633-if any of the powers vested with the general assembly 285
2634-pursuant to chapter 536 to review, to delay the effective 286
2635-date or to disapprove and annul a rule are subsequently held 287
2636-unconstitutional, then the grant of rulemaking authority and 288
2637-any rule proposed or adopted after August 28, 2002, sha ll be 289
2638-invalid and void. 290
2639- [11.] 10. If any voter is unable to sign his name at 291
2640-the appropriate place on the certificate or computer 292
2641-printout, an election judge shall print the name and address 293
2642-of the voter in the appropriate place on the precinct 294
2643-register, the voter shall make his mark in lieu of 295
2644-signature, and the voter's mark shall be witnessed by the 296
2645-signature of an election judge. 297
2646- [12. This section shall become effective only upon the 298
2647-passage and approval by the voters of a constitutio nal 299
2648-amendment submitted to them by the general assembly 300
2649-regarding the authorization of photo identification 301
2650-requirements for elections by general law. If such 302
2651-constitutional amendment is approved by the voters, this 303
2652-section shall become effective Jun e 1, 2017.] 304
2653- 115.435. After initialing the voter's identification 1
2654-certificate and after completing any procedures required by 2
2655-section 115.433, the election judges shall allow the voter 3
2656-to proceed to the voting booth and vote. Once the ballot 4 SCS SB 654 73
2657-has been completed by the voter and he or she successfully 5
2658-submits the ballot, the ballot is deemed cast. 6
2659- 115.447. 1. As used in this subchapter, unless the 1
2660-context clearly implies otherwise, the following terms shall 2
2661-mean: 3
2662- (1) "Counting judges" are the two judges, one from 4
2663-each major political party, who read each vote received by 5
2664-all candidates and each vote for and against all questions 6
2665-at a polling place; 7
2666- (2) "Receiving judges" are the two judges, one f rom 8
2667-each major political party, who initial each voter's ballot 9
2668-at a polling place; 10
2669- (3) "Recording judges" are the two judges, one from 11
2670-each major political party, who tally the votes received by 12
2671-each candidate and for and against each question a t a 13
2672-polling place. These terms describe functions rather than 14
2673-individuals, and any election judge may perform more than 15
2674-one function at a polling place on election day. 16
2675- 2. As used in this subchapter, unless the context 17
2676-clearly implies otherwise, the following terms shall mean: 18
2677- (1) "Defective ballot" is any ballot [card] on which 19
2678-the number of write-in votes and votes cast on the ballot 20
2679-[card] for any office exceed the number allowed by law, and 21
2680-any ballot [card] which is bent or damaged so that it cannot 22
2681-be properly counted by automatic tabulating equipment; 23
2682- (2) "Rejected ballot" is any ballot on which no votes 24
2683-are counted because the ballot fails to have the initials of 25
2684-the proper election judges, because the number of votes for 26
2685-all offices and on all questions exceeds the number 27
2686-authorized by law, because the voter is deemed by the 28
2687-election judges to be unqualified, because it is an absentee 29 SCS SB 654 74
2688-ballot not accompanied by a completed and signed affidavit, 30
2689-or because the ballot w as voted with unlawful assistance; 31
2690- (3) "Spoiled ballot" is any ballot accidentally 32
2691-spoiled by a voter and replaced by election judges in the 33
2692-manner provided in subsection 2 of section 115.439. 34
2693- 115.652. [1.] An election shall no t be conducted 1
2694-under sections 115.650 to 115.660 unless: 2
2695- (1) The officer or agency calling the election submits 3
2696-a written request that the election be conducted by mail. 4
2697-Such request shall be submitted not later than the date 5
2698-specified in section 115.125 for submission of the notice of 6
2699-election and sample ballot; 7
2700- (2) The election authority responsible for conducting 8
2701-the election authorizes the use of mailed ballots for the 9
2702-election; 10
2703- (3) The election is nonpartisan; 11
2704- (4) The election is not one at which any candidate is 12
2705-elected, retained or recalled; and 13
2706- (5) The election is an issue election at which all of 14
2707-the qualified voters of any one political subdivision are 15
2708-the only voters eligible to vote. 16
2709- [2. Notwithstanding the provisions of subsection 1 of 17
2710-this section or any other provision of law to the contrary, 18
2711-an election may be conducted by mail as authorized under 19
2712-section 115.302, during the year 2020, to avoid the risk 20
2713-of contracting or transmitting severe acute respiratory 21
2714-syndrome coronavirus 2. This subsection shall expire 22
2715-December 31, 2020.] 23
2716- 115.902. As used in sections 115.900 to 115.936, the 1
2717-following terms shall mean: 2
2718- (1) "Covered voter": 3 SCS SB 654 75
2719- (a) A uniformed services vo ter who is registered to 4
2720-vote in this state; 5
2721- (b) A uniformed services voter defined in this section 6
2722-whose voting residence is in this state and who otherwise 7
2723-satisfies this state's voter eligibility requirements; or 8
2724- (c) An overseas voter; 9
2725- (2) "Dependent", an individual recognized as a 10
2726-dependent by a uniformed service; 11
2727- (3) "Federal postcard application", the application 12
2728-prescribed under Section 101(b)(2) of the Uniformed and 13
2729-Overseas Citizens Absentee Voting Act, 42 U.S.C. Secti on 14
2730-1973ff(b)(2); 15
2731- (4) "Federal write-in absentee ballot", the ballot 16
2732-described in Section 103 of the Uniformed and Overseas 17
2733-Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff -2; 18
2734- (5) "Military-overseas ballot": 19
2735- (a) A federal write-in absentee ballot; 20
2736- (b) A ballot specifically prepared or distributed for 21
2737-use by a covered voter in accordance with sections 115.900 22
2738-to 115.936; and 23
2739- (c) A ballot cast by a covered voter in accordance 24
2740-with sections 115.900 to 115.936; 25
2741- (6) "Overseas voter": 26
2742- (a) A person who resides outside the United States and 27
2743-is qualified to vote in the last place in which the person 28
2744-was domiciled before leaving the United States; or 29
2745- (b) A person who resides outside the United States 30
2746-and, but for such residence, would be qualified to vote in 31
2747-the last place in which the person was domiciled before 32
2748-leaving the United States; 33
2749- (7) "State", a state of the United States, the 34
2750-District of Columbia, Puerto Rico, the United States Virgin 35 SCS SB 654 76
2751-Islands, or any territory or insular possession subject to 36
2752-the jurisdiction of the United States; 37
2753- (8) "Uniformed services": 38
2754- (a) Active and reserve components of the Army, Navy, 39
2755-Air Force, Marine Corps, Space Force, or Coast Guard of the 40
2756-United States; 41
2757- (b) The Merchant Marine, the commissioned corps of the 42
2758-Public Health Service, or the commissioned corps of the 43
2759-National Oceanic and Atmospheric Administration of the 44
2760-United States; or 45
2761- (c) The Missouri National Guard; 46
2762- (9) "Uniformed services voter", an individual who is 47
2763-qualified to vote and is: 48
2764- (a) A member of the active or reserve components of 49
2765-the Army, Navy, Air Force, Marine Corps, Space Force, or 50
2766-Coast Guard of the United States who is on active duty; 51
2767- (b) A member of the Merchant Marine, the commissioned 52
2768-corps of the Public Health Service, or the commissioned 53
2769-corps of the National Oceanic and Atmospheric Administration 54
2770-of the United States; 55
2771- (c) A member on activated status of the National 56
2772-Guard; or 57
2773- (d) A spouse or dependent of a member referred to in 58
2774-this subdivision; 59
2775- (10) "United States", used in the territorial sense, 60
2776-the several states, the District of Columbia, Puerto Rico, 61
2777-the United States Virgin Islands, and any territory or 62
2778-insular possession subject to the jurisdiction of the United 63
2779-States. 64
2780- 115.904. The voting procedures in sections 115.900 to 1
2781-115.936 shall apply to: 2 SCS SB 654 77
2782- (1) A general, special, [presidential preference, ] or 3
2783-primary election for federal office; 4
2784- (2) A general, special, or primary election for 5
2785-statewide or state legislative office or state ballot 6
2786-measure; or 7
2787- (3) Any election in which absentee voting is conducted 8
2788-pursuant to sections 115.275 to 115.304. 9
2789- 115.960. 1. An election authority is authorized to 1
2790-accept voter registration applications with a signature 2
2791-submitted to the election authority under the provisions of 3
2792-sections 432.200 to 432.295 as provided in this section: 4
2793- (1) Sections 432.200 to 4 32.295 shall only apply to 5
2794-transactions between parties that have agreed to conduct 6
2795-transactions by electronic means; 7
2796- (2) Except as provided in subsection 2 of this 8
2797-section, as used in this section and sections 432.200 to 9
2798-432.295, the parties who agree to conduct voter registration 10
2799-transactions by electronic means shall be the local election 11
2800-authority who is required to accept or reject a voter 12
2801-registration application and the prospective voter 13
2802-submitting the application; 14
2803- (3) A local election authority is authorized to 15
2804-develop, maintain, and approve systems that transmit voter 16
2805-registration applications electronically under sections 17
2806-432.200 to 432.295; 18
2807- (4) Except as provided in subsection 2 of this section 19
2808-and section 115.160, no officer, agency, or organization 20
2809-shall collect or submit a voter registration application 21
2810-with an electronic signature to an election authority 22
2811-without first obtaining approval of the data and signature 23
2812-format from the local election authority and the approval of 24
2813-the voter to collect and store the signature and data; and 25 SCS SB 654 78
2814- (5) Local election authorities who maintain a voter 26
2815-registration application system shall direct voter 27
2816-registration applicants from other jurisdictions to the 28
2817-system used by the local election authority for that 29
2818-jurisdiction to accept voter registration applications 30
2819-electronically. 31
2820- 2. [A system maintained by the secretary of state's 32
2821-office shall be used to accept voter registration 33
2822-applications electronically subsequ ent to approval from the 34
2823-committee formed as set forth in this subsection: 35
2824- (1) Within thirty days of, but in no event prior to 36
2825-January 1, 2017, the president of the Missouri Association 37
2826-of County Clerks and Election Authorities shall appoint 38
2827-fourteen of its members to serve on a committee to approve 39
2828-and develop uniform standards, systems, and modifications 40
2829-that shall be used by the secretary of state in any 41
2830-electronic voter registration application system offered by 42
2831-that office. The committee may also make recommendations 43
2832-regarding the purchase, maintenance, integration, and 44
2833-operation of electronic databases, software, and hardware 45
2834-used by local election authorities and the secretary of 46
2835-state's office including, but not limited to, systems used 47
2836-for military and overseas voting and for building and 48
2837-conducting election operations. The committee shall have 49
2838-fourteen local election authorities, including 50
2839-representatives of each classification of counties, a 51
2840-representative from an election board, and at least one 52
2841-member who has experience processing online voter 53
2842-registration transactions. In addition, one representative 54
2843-appointed by the secretary of state's office shall serve on 55
2844-the committee; 56 SCS SB 654 79
2845- (2) The committee shall immediately m eet to approve 57
2846-electronic signature formats and a minimum set of data 58
2847-collection standards for use in a voter registration 59
2848-application system maintained by the secretary of state; 60
2849- (3) Once the format and data collection standards are 61
2850-approved by the committee and implemented for the system 62
2851-maintained by the secretary of state, local election 63
2852-authorities shall accept the transmission of voter 64
2853-registration applications submitted to the approved system 65
2854-under the provisions of sections 432.200 to 432.295; 66
2855- (4) The secretary of state's office shall direct 67
2856-eligible voters to a local election authority's system to 68
2857-accept voter registration applications electronically if the 69
2858-local election authority has a system in place as of August 70
2859-28, 2016, or implements a system that meets the same 71
2860-standards and format that has been approved by the committee 72
2861-for the secretary of state's system; 73
2862- (5) The committee shall meet not less than 74
2863-semiannually through June 30, 2019, to recommend and approve 75
2864-changes and enhancements proposed by the secretary of state 76
2865-or election authorities to the electronic voter registration 77
2866-application system. Vacancies that occur on the committee 78
2867-shall be filled by the president of the Missouri Association 79
2868-of County Clerks and Election Authorities at the time of the 80
2869-vacancy; 81
2870- (6) To improve the accuracy of voter registration 82
2871-application data and reduce costs for local election 83
2872-authorities, the system maintained by the secretary of state 84
2873-shall, as soon as is pr actical, provide a method where the 85
2874-data entered by the voter registration applicant does not 86
2875-have to be re-entered by the election authority to the state 87
2876-voter registration database. 88 SCS SB 654 80
2877- 3.] Each applicant who registers using an approved 89
2878-electronic voter registration application system shall be 90
2879-deemed to be registered as of the date the signed 91
2880-application is submitted to the system, if such application 92
2881-is accepted and not rejected by the election authority and 93
2882-the verification notice required und er section 115.155 is 94
2883-not returned as undeliverable by the postal service. 95
2884- [4.] 3. This section shall not apply to voter 96
2885-registration and absentee records submitted by voters 97
2886-authorized under federal law, section 115.291, or sections 98
2887-115.900 to 115.936 to submit electronic records and 99
2888-signatures. 100
2889- [5.] 4. High quality copies, including electronic 101
2890-copies, of signatures made on paper documents may be used 102
2891-for petition signature verification purposes and retained as 103
2892-records. 104
2893- [6.] 5. Any signature required for petition submission 105
2894-under chapter 116 shall be handwritten on a paper document. 106
2895- [7. Notwithstanding the provisions of section 432.230 ] 107
2896-6. Except as provided under sections 115.160 and 432.230 , 108
2897-nothing in this section shal l require the election authority 109
2898-to accept voter registration records or signatures created, 110
2899-generated, sent, communicated, received, stored, or 111
2900-otherwise processed, or used by electronic means or in 112
2901-electronic form from any officer, agency, or organiz ation 113
2902-not authorized under subsection 2 of this section without 114
2903-prior approval from the election authority. Election 115
2904-authorities shall accept and process voter registration 116
2905-records, including electronic images of applicant 117
2906-signatures, transmitted ele ctronically by the division of 118
2907-motor vehicle and driver licensing of the department of 119
2908-revenue under section 115.160. Except as provided in 120 SCS SB 654 81
2909-subsection 2 of this section and section 115.160, no 121
2910-officer, agency, or organization shall give the voter the 122
2911-opportunity to submit a voter registration application with 123
2912-an electronic signature without first obtaining the approval 124
2913-of the local election authority. 125
2914- [8.] 7. An election authority that agrees to conduct a 126
2915-transaction by electronic means may refuse to conduct other 127
2916-transactions by electronic means. 128
2917- [9.] 8. No election authority or the secretary of 129
2918-state shall furnish to any member of the public any data 130
2919-collected under a voter registration application system 131
2920-except as authorized in su bsections 1 to 5 of section 132
2921-115.157. 133
2922- [10.] 9. Nothing in this section shall be construed to 134
2923-require the secretary of state to cease operating a voter 135
2924-registration application in place as of the effective date 136
2925-of this act. 137
2926- [115.755. A statewide presidential 1
2927-preference primary shall be held on the second 2
2928-Tuesday after the first Monday in March of each 3
2929-presidential election year.] 4
2930- [115.758. On or before the tenth Tuesday 1
2931-prior to the date of the presidentia l preference 2
2932-primary, the secretary of state shall announce 3
2933-the official list of presidential candidates for 4
2934-each established political party as provided in 5
2935-section 115.761.] 6
2936- [115.761. 1. The official list of 1
2937-presidential candidat es for each established 2
2938-political party shall include the names of all 3
2939-constitutionally qualified candidates for whom, 4
2940-on or after 8:00 a.m. on the fifteenth Tuesday 5
2941-prior to the presidential primary, and on or 6
2942-before 5:00 p.m., on the eleventh Tuesda y prior 7
2943-to the presidential primary, a written request 8
2944-to be included on the presidential primary 9
2945-ballot is filed with the secretary of state 10
2946-along with: 11
2947- (1) Receipt of payment to the state 12
2948-committee of the established political party on 13
2949-whose ballot the candidate wishes to appear of a 14
2950-filing fee of five thousand dollars; or 15 SCS SB 654 82
2951- (2) A written statement, sworn to before 16
2952-an officer authorized by law to administer 17
2953-oaths, that the candidate is unable to pay the 18
2954-filing fee and does not have fun ds in a campaign 19
2955-fund or committee to pay the filing fee and a 20
2956-petition signed by not less than five thousand 21
2957-registered Missouri voters, as determined by the 22
2958-secretary of state, that the candidate's name be 23
2959-placed on the ballot of the specified 24
2960-established political party for the presidential 25
2961-preference primary. The request to be included 26
2962-on the presidential primary ballot shall include 27
2963-each signer's printed name, registered address 28
2964-and signature and shall be in substantially the 29
2965-following form: 30
2966- 2. The state or national party 36
2967-organization of an established political party 37
2968-that adopts rules imposing signature 38
2969-requirements to be met before a candidate can be 39
2970-listed as an official candidate shall notify the 40
2971-secretary of state by O ctober first of the year 41
2972-preceding the presidential primary. 42
2973- 3. Any candidate or such candidate's 43
2974-authorized representative may have such 44
2975-candidate's name stricken from the presidential 45
2976-primary ballot by filing with the secretary of 46
2977-state on or before 5:00 p.m. on the eleventh 47
2978-Tuesday prior to the presidential primary 48
2979-election a written statement, sworn to before an 49
2980-officer authorized by law to administer oaths, 50
2981-requesting that such candidate's name not be 51
2982-printed on the official primary bal lot. 52
2983-Thereafter, the secretary of state shall not 53
2984-include the name of that candidate in the 54
2985-official list announced pursuant to section 55
2986-115.758 or in the certified list of candidates 56
2987-transmitted pursuant to section 115.765. 57
2988- 4. The filing times set out in this 58
2989-section shall only apply to presidential 59
2990-preference primaries, and are in lieu of those 60
2991-established in section 115.349. ] 61
2992- [115.765. On or before the tenth Tuesday 1
2993-prior to a presidential preference primary, the 2
2994-secretary of state shall transmit to each 3
2995-election authority a certified list containing 4
2996-the names of all candidates whose names shall 5
2997-appear on the presidential preference primary 6
2998-ballot of each party. The names of the 7
2999-candidates shall appear in the or der in which 8
3000-31
3001-32
3002-33
3003-34
3004-35
2436+
2437+ 70
2438+ [11.] 10. If any voter is unable to sign his name at
2439+the appropriate place on the certificate or computer
2440+printout, an election judge shall print the name and address
2441+of the voter in the appropriate place on the precinct
2442+register, the voter shall make his mark in lieu of
2443+signature, and the voter's mark shall be witnessed by the
2444+signature of an election judge.
2445+ [12. This section shall become effective only upon the
2446+passage and approval by the voters of a constitutional
2447+amendment submitted to them by the general assembly
2448+regarding the authorization of photo identification
2449+requirements for elections by general law. If such
2450+constitutional amendment is approved by the voters, this
2451+section shall become effective June 1, 2017. ]
2452+ 115.435. After initialing the voter's identification
2453+certificate and after completing any procedures required by
2454+section 115.433, the election judges shall allow the voter
2455+to proceed to the voting booth and vote. Once the ballot
2456+has been completed by the voter and he or she succe ssfully
2457+submits the ballot, the ballot is deemed cast.
2458+ 115.447. 1. As used in this subchapter, unless the
2459+context clearly implies otherwise, the following terms shall
2460+mean:
2461+ (1) "Counting judges" are the two judges, one from
2462+each major political party, who read each vote received by
2463+all candidates and each vote for and against all questions
2464+at a polling place;
2465+ (2) "Receiving judges" are the two judges, one from
2466+each major political party, who initial each voter's ballot
2467+at a polling place;
2468+ (3) "Recording judges" are the two judges, one from
2469+each major political party, who tally the votes received by
2470+each candidate and for and against each question at a
2471+ 71
2472+polling place. These terms describe functions rather than
2473+individuals, and any election judge may perform more than
2474+one function at a polling place on election day.
2475+ 2. As used in this subchapter, unless the context
2476+clearly implies otherwise, the following terms shall mean:
2477+ (1) "Defective ballot" is a ny ballot [card] on which
2478+the number of write-in votes and votes cast on the ballot
2479+[card] for any office exceed the number allowed by law, and
2480+any ballot [card] which is bent or damaged so that it cannot
2481+be properly counted by automatic tabulating equ ipment;
2482+ (2) "Rejected ballot" is any ballot on which no votes
2483+are counted because the ballot fails to have the initials of
2484+the proper election judges, because the number of votes for
2485+all offices and on all questions exceeds the number
2486+authorized by law, because the voter is deemed by the
2487+election judges to be unqualified, because it is an absentee
2488+ballot not accompanied by a completed and signed affidavit,
2489+or because the ballot was voted with unlawful assistance;
2490+ (3) "Spoiled ballot" is a ny ballot accidentally
2491+spoiled by a voter and replaced by election judges in the
2492+manner provided in subsection 2 of section 115.439.
2493+ 115.652. [1.] An election shall not be conducted
2494+under sections 115.650 to 115.660 unless:
2495+ (1) The officer or agency calling the election submits
2496+a written request that the election be conducted by mail.
2497+Such request shall be submitted not later than the date
2498+specified in section 115.125 for submission of the notice of
2499+election and sample ballot ;
2500+ (2) The election authority responsible for conducting
2501+the election authorizes the use of mailed ballots for the
2502+election;
2503+ (3) The election is nonpartisan;
2504+ 72
2505+ (4) The election is not one at which any candidate is
2506+elected, retained or rec alled; and
2507+ (5) The election is an issue election at which all of
2508+the qualified voters of any one political subdivision are
2509+the only voters eligible to vote.
2510+ [2. Notwithstanding the provisions of subsection 1 of
2511+this section or any other prov ision of law to the contrary,
2512+an election may be conducted by mail as authorized under
2513+section 115.302, during the year 2020, to avoid the risk
2514+of contracting or transmitting severe acute respiratory
2515+syndrome coronavirus 2. This subsection shall exp ire
2516+December 31, 2020.]
2517+ 115.902. As used in sections 115.900 to 115.936, the
2518+following terms shall mean:
2519+ (1) "Covered voter":
2520+ (a) A uniformed services voter who is registered to
2521+vote in this state;
2522+ (b) A uniformed services voter defined in this section
2523+whose voting residence is in this state and who otherwise
2524+satisfies this state's voter eligibility requirements; or
2525+ (c) An overseas voter;
2526+ (2) "Dependent", an individual recognized as a
2527+dependent by a unifo rmed service;
2528+ (3) "Federal postcard application", the application
2529+prescribed under Section 101(b)(2) of the Uniformed and
2530+Overseas Citizens Absentee Voting Act, 42 U.S.C. Section
2531+1973ff(b)(2);
2532+ (4) "Federal write-in absentee ballot", the ball ot
2533+described in Section 103 of the Uniformed and Overseas
2534+Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff -2;
2535+ (5) "Military-overseas ballot":
2536+ (a) A federal write-in absentee ballot;
2537+ 73
2538+ (b) A ballot specifically prepared or distribute d for
2539+use by a covered voter in accordance with sections 115.900
2540+to 115.936; and
2541+ (c) A ballot cast by a covered voter in accordance
2542+with sections 115.900 to 115.936;
2543+ (6) "Overseas voter":
2544+ (a) A person who resides outside the United Sta tes and
2545+is qualified to vote in the last place in which the person
2546+was domiciled before leaving the United States; or
2547+ (b) A person who resides outside the United States
2548+and, but for such residence, would be qualified to vote in
2549+the last place in which the person was domiciled before
2550+leaving the United States;
2551+ (7) "State", a state of the United States, the
2552+District of Columbia, Puerto Rico, the United States Virgin
2553+Islands, or any territory or insular possession subject to
2554+the jurisdiction of the United States;
2555+ (8) "Uniformed services":
2556+ (a) Active and reserve components of the Army, Navy,
2557+Air Force, Marine Corps, Space Force, or Coast Guard of the
2558+United States;
2559+ (b) The Merchant Marine, the commissioned corps of the
2560+Public Health Service, or the commissioned corps of the
2561+National Oceanic and Atmospheric Administration of the
2562+United States; or
2563+ (c) The Missouri National Guard;
2564+ (9) "Uniformed services voter", an individual who is
2565+qualified to vote and is:
2566+ (a) A member of the active or reserve components of
2567+the Army, Navy, Air Force, Marine Corps, Space Force, or
2568+Coast Guard of the United States who is on active duty;
2569+ (b) A member of the Merchant Marine, the commissioned
2570+corps of the Public Heal th Service, or the commissioned
2571+ 74
2572+corps of the National Oceanic and Atmospheric Administration
2573+of the United States;
2574+ (c) A member on activated status of the National
2575+Guard; or
2576+ (d) A spouse or dependent of a member referred to in
2577+this subdivision;
2578+ (10) "United States", used in the territorial sense,
2579+the several states, the District of Columbia, Puerto Rico,
2580+the United States Virgin Islands, and any territory or
2581+insular possession subject to the jurisdiction of the United
2582+States.
2583+ 115.904. The voting procedures in sections 115.900 to
2584+115.936 shall apply to:
2585+ (1) A general, special, [presidential preference, ] or
2586+primary election for federal office;
2587+ (2) A general, special, or primary election for
2588+statewide or state legislative office or state ballot
2589+measure; or
2590+ (3) Any election in which absentee voting is conducted
2591+pursuant to sections 115.275 to 115.304.
2592+ 115.960. 1. An election authority is authorized to
2593+accept voter registrat ion applications with a signature
2594+submitted to the election authority under the provisions of
2595+sections 432.200 to 432.295 as provided in this section:
2596+ (1) Sections 432.200 to 432.295 shall only apply to
2597+transactions between parties that have agree d to conduct
2598+transactions by electronic means;
2599+ (2) Except as provided in subsection 2 of this
2600+section, as used in this section and sections 432.200 to
2601+432.295, the parties who agree to conduct voter registration
2602+transactions by electronic means s hall be the local election
2603+authority who is required to accept or reject a voter
2604+ 75
2605+registration application and the prospective voter
2606+submitting the application;
2607+ (3) A local election authority is authorized to
2608+develop, maintain, and approve systems that transmit voter
2609+registration applications electronically under sections
2610+432.200 to 432.295;
2611+ (4) Except as provided in subsection 2 of this section
2612+and section 115.160, no officer, agency, or organization
2613+shall collect or submit a voter regis tration application
2614+with an electronic signature to an election authority
2615+without first obtaining approval of the data and signature
2616+format from the local election authority and the approval of
2617+the voter to collect and store the signature and data; and
2618+ (5) Local election authorities who maintain a voter
2619+registration application system shall direct voter
2620+registration applicants from other jurisdictions to the
2621+system used by the local election authority for that
2622+jurisdiction to accept voter regi stration applications
2623+electronically.
2624+ 2. [A system maintained by the secretary of state's
2625+office shall be used to accept voter registration
2626+applications electronically subsequent to approval from the
2627+committee formed as set forth in this subsecti on:
2628+ (1) Within thirty days of, but in no event prior to
2629+January 1, 2017, the president of the Missouri Association
2630+of County Clerks and Election Authorities shall appoint
2631+fourteen of its members to serve on a committee to approve
2632+and develop uniform standards, systems, and modifications
2633+that shall be used by the secretary of state in any
2634+electronic voter registration application system offered by
2635+that office. The committee may also make recommendations
2636+regarding the purchase, maintenance, int egration, and
2637+operation of electronic databases, software, and hardware
2638+ 76
2639+used by local election authorities and the secretary of
2640+state's office including, but not limited to, systems used
2641+for military and overseas voting and for building and
2642+conducting election operations. The committee shall have
2643+fourteen local election authorities, including
2644+representatives of each classification of counties, a
2645+representative from an election board, and at least one
2646+member who has experience processing online vot er
2647+registration transactions. In addition, one representative
2648+appointed by the secretary of state's office shall serve on
2649+the committee;
2650+ (2) The committee shall immediately meet to approve
2651+electronic signature formats and a minimum set of data
2652+collection standards for use in a voter registration
2653+application system maintained by the secretary of state;
2654+ (3) Once the format and data collection standards are
2655+approved by the committee and implemented for the system
2656+maintained by the secretar y of state, local election
2657+authorities shall accept the transmission of voter
2658+registration applications submitted to the approved system
2659+under the provisions of sections 432.200 to 432.295;
2660+ (4) The secretary of state's office shall direct
2661+eligible voters to a local election authority's system to
2662+accept voter registration applications electronically if the
2663+local election authority has a system in place as of August
2664+28, 2016, or implements a system that meets the same
2665+standards and format that h as been approved by the committee
2666+for the secretary of state's system;
2667+ (5) The committee shall meet not less than
2668+semiannually through June 30, 2019, to recommend and approve
2669+changes and enhancements proposed by the secretary of state
2670+or election authorities to the electronic voter registration
2671+application system. Vacancies that occur on the committee
2672+ 77
2673+shall be filled by the president of the Missouri Association
2674+of County Clerks and Election Authorities at the time of the
2675+vacancy;
2676+ (6) To improve the accuracy of voter registration
2677+application data and reduce costs for local election
2678+authorities, the system maintained by the secretary of state
2679+shall, as soon as is practical, provide a method where the
2680+data entered by the voter registrat ion applicant does not
2681+have to be re-entered by the election authority to the state
2682+voter registration database.
2683+ 3.] Each applicant who registers using an approved
2684+electronic voter registration application system shall be
2685+deemed to be registered as of the date the signed
2686+application is submitted to the system, if such application
2687+is accepted and not rejected by the election authority and
2688+the verification notice required under section 115.155 is
2689+not returned as undeliverable by the postal servi ce.
2690+ [4.] 3. This section shall not apply to voter
2691+registration and absentee records submitted by voters
2692+authorized under federal law, section 115.291, or sections
2693+115.900 to 115.936 to submit electronic records and
2694+signatures.
2695+ [5.] 4. High quality copies, including electronic
2696+copies, of signatures made on paper documents may be used
2697+for petition signature verification purposes and retained as
2698+records.
2699+ [6.] 5. Any signature required for petition submission
2700+under chapter 116 shall be handwritten on a paper document.
2701+ [7. Notwithstanding the provisions of section 432.230 ]
2702+6. Except as provided under sections 115.160 and 432.230 ,
2703+nothing in this section shall require the election authority
2704+to accept voter registration records o r signatures created,
2705+generated, sent, communicated, received, stored, or
2706+ 78
2707+otherwise processed, or used by electronic means or in
2708+electronic form from any officer, agency, or organization
2709+not authorized under subsection 2 of this section without
2710+prior approval from the election authority. Election
2711+authorities shall accept and process voter registration
2712+records, including electronic images of applicant
2713+signatures, transmitted electronically by the division of
2714+motor vehicle and driver licensing of th e department of
2715+revenue under section 115.160. Except as provided in
2716+subsection 2 of this section and section 115.160, no
2717+officer, agency, or organization shall give the voter the
2718+opportunity to submit a voter registration application with
2719+an electronic signature without first obtaining the approval
2720+of the local election authority.
2721+ 8. An election authority that agrees to conduct a
2722+transaction by electronic means may refuse to conduct other
2723+transactions by electronic means.
2724+ 9. No election authority or the secretary of state
2725+shall furnish to any member of the public any data collected
2726+under a voter registration application system except as
2727+authorized in subsections 1 to 5 of section 115.157.
2728+ 10. Nothing in this section shall be co nstrued to
2729+require the secretary of state to cease operating a voter
2730+registration application in place as of the effective date
2731+of this act.
2732+ [115.755. A statewide presidential
2733+preference primary shall be held on the second
2734+Tuesday after the first Monday in March of each
2735+presidential election year.]
2736+ [115.758. On or before the tenth Tuesday
2737+prior to the date of the presidential preference
2738+primary, the secretary of state shall announce
2739+the official list of presidentia l candidates for
2740+each established political party as provided in
2741+section 115.761.]
2742+ [115.761. 1. The official list of
2743+presidential candidates for each established
2744+political party shall include the names of all
2745+ 79
2746+constitutionally qualifi ed candidates for whom,
2747+on or after 8:00 a.m. on the fifteenth Tuesday
2748+prior to the presidential primary, and on or
2749+before 5:00 p.m., on the eleventh Tuesday prior
2750+to the presidential primary, a written request
2751+to be included on the presidential prima ry
2752+ballot is filed with the secretary of state
2753+along with:
2754+ (1) Receipt of payment to the state
2755+committee of the established political party on
2756+whose ballot the candidate wishes to appear of a
2757+filing fee of five thousand dollars; or
2758+ (2) A written statement, sworn to before
2759+an officer authorized by law to administer
2760+oaths, that the candidate is unable to pay the
2761+filing fee and does not have funds in a campaign
2762+fund or committee to pay the filing fee and a
2763+petition signed by not less than five thousand
2764+registered Missouri voters, as determined by the
2765+secretary of state, that the candidate's name be
2766+placed on the ballot of the specified
2767+established political party for the presidential
2768+preference primary. The request to be included
2769+on the presidential primary ballot shall include
2770+each signer's printed name, registered address
2771+and signature and shall be in substantially the
2772+following form:
2773+ 2. The state or national party
2774+organization of an established political party
2775+that adopts rules imposing signature
2776+requirements to be met before a candidate can be
2777+listed as an official candidate shall notify the
2778+secretary of state by October first of the year
2779+preceding the presidential primary.
2780+ 3. Any candidate or such candidate's
2781+authorized representative may have such
2782+candidate's name stricken from the presidential
2783+primary ballot by filing with the secretary of
2784+state on or before 5:00 p.m. on the eleventh
2785+Tuesday prior to the presidential primary
2786+election a written statement, sworn to before an
2787+officer authorized by law to administer oaths,
2788+requesting that such candidate's name not be
2789+printed on the official primary ballot.
2790+Thereafter, the secretary of state shall not
2791+include the name of that candidate in the
2792+official list announced pursuant to section
2793+115.758 or in the certified list of candidates
2794+transmitted pursuant to section 115.765.
2795+ 4. The filing times set out in this
2796+section shall only apply to presidential
30052797 I (We) the undersigned, do hereby request that the
30062798 name of ______ be placed upon the February ______,
30072799 ______, presidential primary ballot as candidate
30082800 for nomination as the nominee for President of the
30092801 United States on the ______ party ticket.
3010- SCS SB 654 83
3011-their request to be included on the presidential 9
3012-primary ballot was received in the office of the 10
3013-secretary of state, except that, in the case of 11
3014-candidates who file a request to be included on 12
3015-the presidential primary ballot with the 13
3016-secretary of state prior to 5:00 p.m. on the 14
3017-first day for filing, the secretary of state 15
3018-shall determine by random drawing the order in 16
3019-which such candidates' names shall appear on the 17
3020-ballot. The drawing shall be conducted so that 18
3021-each candidate, or candidate's representative, 19
3022-may draw a number at random at the time of 20
3023-filing. The secretary of state shall record the 21
3024-number drawn with the candidate's request to be 22
3025-included on the presidential primary ballot. 23
3026-The names of candidates filing on the first day 24
3027-for filing on each party ballot shall be listed 25
3028-in ascending order of the numbers so drawn. ] 26
3029- [115.767. Each election authority shall 1
3030-cause the name of candidates certified by the 2
3031-secretary of state to appear on the presid ential 3
3032-preference primary ballot of each party, 4
3033-followed by a listing for an uncommitted vote. ] 5
3034- [115.770. The conduct of the presidential 1
3035-preference primary election and the count and 2
3036-canvass of the votes cast therein shall conform 3
3037-as nearly as is practicable to that prescribed 4
3038-for the conduct of the primary election for 5
3039-state officers. All primary election laws not 6
3040-inconsistent with the provisions of sections 7
3041-115.750 to 115.785 shall be applicable to the 8
3042-conduct of this elect ion, and the form of the 9
3043-ballot insofar as is practicable shall be 10
3044-substantially as that prescribed by section 11
3045-115.395. In a presidential preference primary, 12
3046-each voter shall be entitled to receive the 13
3047-ballot of one and only one established political 14
3048-party, designated by the voter before receiving 15
3049-such voter's ballot. Each voter who 16
3050-participates in a presidential preference 17
3051-primary shall be entitled to vote on all 18
3052-questions and for any candidates submitted by 19
3053-political subdivisions and special districts at 20
3054-the general municipal election. Each voter who 21
3055-does not wish to participate in a presidential 22
3056-preference primary may vote on all questions and 23
3057-for any candidates submitted by a political 24
3058-subdivision or special district at the general 25
3059-municipal election.] 26
3060- [115.773. After the count and canvass of 1
3061-the votes cast, the secretary of state shall 2
3062-notify the state chair of each of the 3
3063-established political parties for whom a 4
3064-candidate was listed, of the number of votes 5
3065-recorded in that established political party's 6 SCS SB 654 84
3066-primary that each candidate and uncommitted 7
3067-listing received.] 8
3068- [115.776. The state party organization 1
3069-which is the state organization recognized by 2
3070-the national organization of that estab lished 3
3071-political party shall, after the primary and 4
3072-before the national convention, conduct a series 5
3073-of caucuses culminating in congressional and 6
3074-state conventions. Delegates to the national 7
3075-conventions shall be chosen at the congressional 8
3076-district and state conventions pursuant to rules 9
3077-established by the political parties. ] 10
3078- [115.785. All costs of a presidential 1
3079-preference primary shall be paid by the state, 2
3080-except that, pursuant to section 115.065, costs 3
3081-shall be shared prop ortionately by the state and 4
3082-any political subdivisions and special districts 5
3083-holding an election on the same day as any such 6
3084-primary. For any county with more than five 7
3085-hundred polling places, the state shall assist 8
3086-in assuring adequate poll workers and equipment.] 9
3087-
2802+
2803+ 80
2804+preference primaries, and are in lieu of those
2805+established in section 115.349. ]
2806+ [115.765. On or before the tenth Tuesday
2807+prior to a presidential preference primary, t he
2808+secretary of state shall transmit to each
2809+election authority a certified list containing
2810+the names of all candidates whose names shall
2811+appear on the presidential preference primary
2812+ballot of each party. The names of the
2813+candidates shall appear in the order in which
2814+their request to be included on the presidential
2815+primary ballot was received in the office of the
2816+secretary of state, except that, in the case of
2817+candidates who file a request to be included on
2818+the presidential primary ballot with the
2819+secretary of state prior to 5:00 p.m. on the
2820+first day for filing, the secretary of state
2821+shall determine by random drawing the order in
2822+which such candidates' names shall appear on the
2823+ballot. The drawing shall be conducted so that
2824+each candidate, or candidate's representative,
2825+may draw a number at random at the time of
2826+filing. The secretary of state shall record the
2827+number drawn with the candidate's request to be
2828+included on the presidential primary ballot.
2829+The names of candidates filing on the first day
2830+for filing on each party ballot shall be listed
2831+in ascending order of the numbers so drawn. ]
2832+ [115.767. Each election authority shall
2833+cause the name of candidates certified by the
2834+secretary of state to appear on the pr esidential
2835+preference primary ballot of each party,
2836+followed by a listing for an uncommitted vote. ]
2837+ [115.770. The conduct of the presidential
2838+preference primary election and the count and
2839+canvass of the votes cast therein shall conform
2840+as nearly as is practicable to that prescribed
2841+for the conduct of the primary election for
2842+state officers. All primary election laws not
2843+inconsistent with the provisions of sections
2844+115.750 to 115.785 shall be applicable to the
2845+conduct of this elec tion, and the form of the
2846+ballot insofar as is practicable shall be
2847+substantially as that prescribed by section
2848+115.395. In a presidential preference primary,
2849+each voter shall be entitled to receive the
2850+ballot of one and only one established politica l
2851+party, designated by the voter before receiving
2852+such voter's ballot. Each voter who
2853+participates in a presidential preference
2854+primary shall be entitled to vote on all
2855+questions and for any candidates submitted by
2856+political subdivisions and special districts at
2857+the general municipal election. Each voter who
2858+does not wish to participate in a presidential
2859+preference primary may vote on all questions and
2860+for any candidates submitted by a political
2861+ 81
2862+subdivision or special district at the general
2863+municipal election.]
2864+ [115.773. After the count and canvass of
2865+the votes cast, the secretary of state shall
2866+notify the state chair of each of the
2867+established political parties for whom a
2868+candidate was listed, of the number of votes
2869+recorded in that established political party's
2870+primary that each candidate and uncommitted
2871+listing received.]
2872+ [115.776. The state party organization
2873+which is the state organization recognized by
2874+the national organization of that establishe d
2875+political party shall, after the primary and
2876+before the national convention, conduct a series
2877+of caucuses culminating in congressional and
2878+state conventions. Delegates to the national
2879+conventions shall be chosen at the congressional
2880+district and state conventions pursuant to rules
2881+established by the political parties. ]
2882+ [115.785. All costs of a presidential
2883+preference primary shall be paid by the state,
2884+except that, pursuant to section 115.065, costs
2885+shall be shared proportionat ely by the state and
2886+any political subdivisions and special districts
2887+holding an election on the same day as any such
2888+primary. For any county with more than five
2889+hundred polling places, the state shall assist
2890+in assuring adequate poll workers and equ ipment.]