EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 730
101ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHUPP.
4193S.01I ADRIANE D. CROUSE, Secretary
AN ACT
To repeal sections 115.277, 115.279, 115.283, and 115.291, RSMo, and to enact in lieu thereof
four new sections relating to absentee voting, with existing penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.277, 115.279, 115.283, and 1
115.291, RSMo, are repealed and four new sections enacted in 2
lieu thereof, to be known as sections 115.277, 115.279, 115.283, 3
and 115.291, to read as follows:4
115.277. 1. Except as provided in subsections 2, 3, 1
4, and 5 of this section, any registered voter of this state 2
may vote by absentee ballot for all can didates and issues 3
for which such voter [would be] is eligible to vote at the 4
polling place [if such voter expects to be prevented from 5
going to the polls to vote on election day due to: 6
(1) Absence on election day from the jurisdiction of 7
the election authority in which such voter is registered to 8
vote; 9
(2) Incapacity or confinement due to illness or 10
physical disability, including a person who is primarily 11
responsible for the physical care of a person who is 12
incapacitated or confined du e to illness or disability; 13
(3) Religious belief or practice; 14
(4) Employment as an election authority, as a member 15
of an election authority, or by an election authority at a 16
location other than such voter's polling place; 17 SB 730 2
(5) Incarceration, provided all qualifications for 18
voting are retained; 19
(6) Certified participation in the address 20
confidentiality program established under sections 589.660 21
to 589.681 because of safety concerns; or 22
(7) For an election that occurs during the year 2020, 23
the voter has contracted or is in an at -risk category for 24
contracting or transmitting severe acute respiratory 25
syndrome coronavirus 2. This subdivision shall expire on 26
December 31, 2020]. 27
2. Any covered voter who is eligible to re gister and 28
vote in this state may vote in any election for federal 29
office, statewide office, state legislative office, or 30
statewide ballot initiatives by submitting a federal 31
postcard application to apply to vote by absentee ballot or 32
by submitting a federal postcard application at the polling 33
place even though the person is not registered. A federal 34
postcard application submitted by a covered voter pursuant 35
to this subsection shall also serve as a voter registration 36
application under section 115. 908 and the election authority 37
shall, if satisfied that the applicant is entitled to 38
register, place the voter's name on the voter registration 39
file. Each covered voter may vote by absentee ballot or, 40
upon submitting an affidavit that the person is qu alified to 41
vote in the election, may vote at the person's polling place. 42
3. Any interstate former resident may vote by absentee 43
ballot for presidential and vice presidential electors. 44
4. Any intrastate new resident may vote by absentee 45
ballot at the election for presidential and vice 46
presidential electors, United States senator, representative 47
in Congress, statewide elected officials and statewide 48
questions, propositions and amendments from such resident's 49 SB 730 3
new jurisdiction of residence af ter registering to vote in 50
such resident's new jurisdiction of residence. 51
5. Any new resident may vote by absentee ballot for 52
presidential and vice presidential electors after 53
registering to vote in such resident's new jurisdiction of 54
residence. 55
[6. For purposes of this section, the voters who are 56
in an at-risk category for contracting or transmitting 57
severe acute respiratory syndrome coronavirus 2 are voters 58
who: 59
(1) Are sixty-five years of age or older; 60
(2) Live in a long-term care facility licensed under 61
chapter 198; 62
(3) Have chronic lung disease or moderate to severe 63
asthma; 64
(4) Have serious heart conditions; 65
(5) Are immunocompromised; 66
(6) Have diabetes; 67
(7) Have chronic kidney disease and ar e undergoing 68
dialysis; or 69
(8) Have liver disease.] 70
115.279. 1. Application for an absentee ballot may be 1
made by the applicant in person, or by mail, or for the 2
applicant, in person, by his or her guardian or a relative 3
within the second degree by consanguinity or affinity. The 4
election authority shall accept applications by facsimile 5
transmission and by electronic mail within the limits of its 6
telecommunications capacity. 7
2. Each application shall be made to the ele ction 8
authority of the jurisdiction in which the person is or 9
would be registered. Each application shall be in writing 10
and shall state the applicant's name, address at which he or 11 SB 730 4
she is or would be registered, [his or her reason for voting 12
an absentee ballot] whether the applicant is incapacitated 13
or confined due to illness or physical disability or is a 14
person who is primarily responsible for the physical care of 15
a person who is incapacitated or confined due to illness or 16
physical disability, the address to which the ballot is to 17
be mailed, if mailing is requested, and for absent uniformed 18
services and overseas applicants, the applicant's email 19
address if electronic transmission is requested. If the 20
[reason for the applicant voting absentee is due to the 21
reasons established under subdivision (6) of subsection 1 of 22
section 115.277] applicant is a certified participant in the 23
address confidentiality program established under sections 24
589.660 to 589.681, the applicant shall state the voter' s 25
identification information provided by the address 26
confidentiality program in lieu of the applicant's name, 27
address at which he or she is or would be registered, and 28
address to which the ballot is to be mailed, if mailing is 29
requested. Each application to vote in a primary election 30
shall also state which ballot the applicant wishes to 31
receive. If any application fails to designate a ballot, 32
the election authority shall, within three working days 33
after receiving the application, notify the appli cant by 34
mail that it will be unable to deliver an absentee ballot 35
until the applicant designates which political party ballot 36
he or she wishes to receive. If the applicant does not 37
respond to the request for political party designation, the 38
election authority is authorized to provide the voter with 39
that part of the ballot for which no political party 40
designation is required. 41
3. [Except as provided in subsection 3 of section 42
115.281,] All applications for absentee ballots received 43 SB 730 5
prior to the sixth Tuesday before an election shall be 44
stored at the office of the election authority until such 45
time as the applications are processed in accordance with 46
section 115.281. No application for an absentee ballot 47
received in the office of the electi on authority by mail, by 48
facsimile transmission, by electronic mail, or by a guardian 49
or relative after 5:00 p.m. on the second Wednesday 50
immediately prior to the election shall be accepted by any 51
election authority. No application for an absentee bal lot 52
submitted by the applicant in person after 5:00 p.m. on the 53
day before the election shall be accepted by any election 54
authority, except as provided in subsections 6, 8 and 9 of 55
this section. 56
4. Each application for an absentee ballot shall be 57
signed by the applicant or, if the application is made by a 58
guardian or relative pursuant to this section, the 59
application shall be signed by the guardian or relative, who 60
shall note on the application his or her relationship to the 61
applicant. If an applicant, guardian or relative is blind, 62
unable to read or write the English language or physically 63
incapable of signing the application, he or she shall sign 64
by mark, witnessed by the signature of an election official 65
or person of his or her own cho osing. Any person who 66
knowingly makes, delivers or mails a fraudulent absentee 67
ballot application shall be guilty of a class one election 68
offense. 69
5. (1) Notwithstanding any law to the contrary, any 70
resident of the state of Missouri who resides outside the 71
boundaries of the United States or who is on active duty 72
with the Armed Forces of the United States or members of 73
their immediate family living with them may request an 74 SB 730 6
absentee ballot for both the primary and subsequent general 75
election with one application. 76
(2) The election authority shall provide each absent 77
uniformed services voter and each overseas voter who submits 78
a voter registration application or an absentee ballot 79
request, if the election authority rejects the applicati on 80
or request, with the reasons for the rejection. 81
(3) Notwithstanding any other law to the contrary, if 82
a standard oath regarding material misstatements of fact is 83
adopted for uniformed and overseas voters pursuant to the 84
Help America Vote Act o f 2002, the election authority shall 85
accept such oath for voter registration, absentee ballot, or 86
other election-related materials. 87
(4) Not later than sixty days after the date of each 88
regularly scheduled general election for federal office, 89
each election authority which administered the election 90
shall submit to the secretary of state in a format 91
prescribed by the secretary a report on the combined number 92
of absentee ballots transmitted to, and returned by, absent 93
uniformed services voters and overseas voters for the 94
election. The secretary shall submit to the Election 95
Assistance Commission a combined report of such information 96
not later than ninety days after the date of each regularly 97
scheduled general election for federal office and in a 98
standardized format developed by the commission pursuant to 99
the Help America Vote Act of 2002. The secretary shall make 100
the report available to the general public. 101
(5) As used in this section, the terms "absent 102
uniformed services voter" and "o verseas voter" shall have 103
the meaning prescribed in 52 U.S.C. Section 20310. 104
6. An application for an absentee ballot by a new 105
resident shall be submitted in person by the applicant in 106 SB 730 7
the office of the election authority in the election 107
jurisdiction in which such applicant resides. The 108
application shall be received by the election authority no 109
later than 7:00 p.m. on the day of the election. Such 110
application shall be in the form of an affidavit, executed 111
in duplicate in the presence of the election authority or 112
any authorized officer of the election authority, and in 113
substantially the following form: 114
115 "STATE OF _________
116 COUNTY OF _________ , ss.
117 I, ______, do solemnly swear that:
118
119
120
121
(1) Before becoming a resident of this state, I
resided at ______ (residence address) in ______
(town, township, village or city) of ______
County in the state of ______;
122
123
124
125
(2) I moved to this state after the last day to
register to vote in such general presidential
election and I am now residing in the county of
______, state of Missouri;
126
127
128
(3) I believe I am entitled pursuant to the laws of
this state to vote in the presidential election
to be held November ______, ______ (year);
129
130
131
132
(4) I hereby make application for a presidential
and vice presidential ballot. I have not voted
and shall not vote other than by this ballot at
such election.
133 Signed __________________
134 (Applicant)
135 __________________
136 (Residence Address)
137
138
Subscribed and sworn to before me this ______ day
of ______, ______
139 Signed __________________ SB 730 8
7. The election authority in whose office an 142
application is filed pursuant to subsection 6 of this 143
section shall immediately send a duplicate of such 144
application to the appropriate official of the state in 145
which the new resident applicant last resided and shall f ile 146
the original of such application in its office. 147
8. An application for an absentee ballot by an 148
intrastate new resident shall be made in person by the 149
applicant in the office of the election authority in the 150
election jurisdiction in which such applicant resides. The 151
application shall be received by the election authority no 152
later than 7:00 p.m. on the day of the election. Such 153
application shall be in the form of an affidavit, executed 154
in duplicate in the presence of the election authorit y or an 155
authorized officer of the election authority, and in 156
substantially the following form: 157
140
141
(Title and name of officer authorized to
administer oaths)"
158 "STATE OF ______
159 COUNTY OF ______, ss.
160 I, ______, do solemnly swear that:
161
162
163
164
(1) Before becoming a resident of this election
jurisdiction, I resided at ______ (residence
address) in ______ (town, township, village or
city) of ______ county in the state of ______;
165
166
(2) I moved to this election jurisdiction after the
last day to register to vote in such election;
167
168
169
(3) I believe I am entitled pursuant to the laws of
this state to vote in the election to be held
______ (date);
170
171
(4) I hereby make application for an absentee
ballot for candidates and issues on which I am
SB 730 9
9. An application for an absentee ballot by an 184
interstate former resident shall be received in the office 185
of the election authority where the applicant was formerly 186
registered by 5:00 p.m. on the second Wednesday immediately 187
prior to the election, unless the application is made in 188
person by the applicant in the office of the election 189
authority, in which case such application shall be made no 190
later than 7:00 p.m. on the day of the election. 191
115.283. 1. Each ballot envelope shall bear a 1
statement on which the voter shall state the voter's name, 2
the voter's voting address, and the voter's mailing address 3
[and the voter's reason for voting an ab sentee ballot]. If 4
the [reason for the voter voting absentee is due to the 5
reasons established under subdivision (6) of subsection 1 of 6
section 115.277] applicant is a certified participant in the 7
address confidentiality program established under sect ions 8
589.660 to 589.681, the voter shall state the voter's 9
identification information provided by the address 10
confidentiality program in lieu of the applicant's name, 11
172
173
174
entitled to vote pursuant to the laws of this
state. I have not voted and shall not vote
other than by this ballot at such election.
175 Signed __________________
176 (Applicant)
177 __________________
178 (Residence Address)
179
180
Subscribed and sworn to before me this ______ day
of ______, ______
181 Signed __________________
182
183
(Title and name of officer authorized to
administer oaths)"
SB 730 10
voting address, and mailing address. On the form, the voter 12
shall also state under penalties of perjury that the voter 13
is qualified to vote in the election, that the voter has not 14
previously voted and will not vote again in the election, 15
that the voter has personally marked the voter's ballot in 16
secret or supervised the marking of th e voter's ballot if 17
the voter is unable to mark it, that the ballot has been 18
placed in the ballot envelope and sealed by the voter or 19
under the voter's supervision if the voter is unable to seal 20
it, and that all information contained in the statement i s 21
true. In addition, any person providing assistance to the 22
absentee voter shall include a statement on the envelope 23
identifying the person providing assistance under penalties 24
of perjury. Persons authorized to vote only for federal and 25
statewide officers shall also state their former Missouri 26
residence. 27
2. The statement for persons voting absentee ballots 28
who are registered voters shall be in substantially the 29
following form: 30
31 State of Missouri
32 County (City) of _______________
33
34
35
36
37
I, ______ (print name), a registered voter of ______
County (City of St. Louis, Kansas City), declare
under the penalties of perjury [that I expect to be
prevented from going to the polls on election d ay
due to (check one):
38
39
40
______ absence on election day from the
jurisdiction of the election authority in
which I am registered;
41
42
43
44
______ incapacity or confinement due to illness
or physical disability, including caring
for a person who is incapacitated or
confined due to illness or disability;
SB 730 11
45 ______ religious belief or practice;
46
47
48
______ employment as an election authority or by
an election authority at a location other
than my polling place;
49
50
51
______ incarceration, although I have retained
all the necessary qualifications for
voting;
52
53
54
55
______ certified participation in the address
confidentiality program established under
sections 589.660 to 589.681 because of
safety concerns.
56
57
58
59
60
61
62
63
64
65
I hereby state under penalties of perjury ] that I am
qualified to vote at this election; I have not voted
and will not vote other than by this ballot at this
election. I further state that I marked the enclosed
ballot in secret or that I am blind, unable to read
or write English, or physically inc apable of marking
the ballot, and the person of my choosing indicated
below marked the ballot at my direction; all of the
information on this statement is, to the best of my
knowledge and belief, true.
66 __________________ __________________
67 Signature of Voter Signature of Person
68 Assisting Voter
69 (if applicable)
70 Signed ______ Subscribed and sworn
71 Signed ______ to before me this
72
73
Address of Voter ______day of ______,
______
74 __________________ __________________
75 __________________ __________________
76
77
Mailing addresses Signature of notary
or
78 (if different) other officer SB 730 12
3. The statement for persons voting absentee ballots 81
pursuant to the provisions of subsection 2, 3, 4, or 5 of 82
section 115.277 without being registered shall be in 83
substantially the following form: 84
79 authorized to
80 administer oaths
85 State of Missouri
86 County (City) of ______
87
88
89
90
91
92
93
94
95
96
I, ______ (print name), declare under the penalties
of perjury that I am a citizen of the United States
and eighteen years of age or older. I am not
adjudged incapacitated by any court of law, and if
I have been convicted of a felony or of a
misdemeanor connected with the right of suffrage, I
have had the voting disabilities resulting from
such conviction removed pursuant to law. I hereby
state under penalties of perjury that I am
qualified to vote at this election.
97 I am (check one):
98
99
100
101
102
______ a resident of the state of Missouri and a
registered voter in ______ County and
moved from that county to ______ County,
Missouri, after the last day to register
to vote in this election.
103
104
105
106
______ an interstate former resident of Missouri
and authorized to vote for presidential
and vice presidential electors.
107
108
109
110
111
112
113
I further state under penalties of perjury that I
have not voted and will not vote other than by this
ballot at this election; I marked the enclosed
ballot in secret or am blind, unable to read or
write English, or physically incapable of marking
the ballot, and the person of my choosing indicated
below marked the ballot at my direction; all of the
SB 730 13
4. The statement for persons voting absentee ballots 134
who are entitled to vote at the election pursuant to the 135
provisions of subsection 2 of section 115.137 shall be in 136
substantially the following form: 137
114
115
information on this statement is, to the best of my
knowledge and belief, true.
116 __________________ Subscribed to and
117
118
Signature of Voter sworn before me
this
119 ______ day of
120 ______, ______
121 __________________
122 __________________ __________________
123 Address of Voter Signature of notary
124 or other officer
125 authorized to
126 administer oaths
127 __________________ __________________
128 Mailing Address (if different) __________________
129 __________________
130 __________________ __________________
131 Signature of Person Address of Last
132 Assisting Voter Missouri Residence
133 (if applicable)
138 State of Missouri
139 County (City) of ______
140
141
I, ______ (print name), declare under the penalties
of perjury [that I expect to be prevented from
SB 730 14
142
143
going to the polls on election day due to (check
one):
144
145
146
______ absence on election day from the
jurisdiction of the election authority in
which I am directed to vote;
147
148
149
150
______ incapacity or confinement due to illness
or physical disability, including caring
for a person who is incapacitated or
confined due to illness or disability;
151 ______ religious belief or practice;
152
153
154
______ employment as an election authority or by
an election authority at a location other
than my polling place;
155
156
157
______ incarceration, although I have retained
all the necessary qualifications of
voting;
158
159
160
161
______ certified participation in the address
confidentiality program established under
sections 589.660 to 589.681 because of
safety concerns.
162
163
164
165
166
167
168
169
170
171
172
173
I hereby state under penalties of perjury ] that I
own property in the ______ district and am
qualified to vote at this election; I have not
voted and will not vote other than by this ballot
at this election. I further state that I marked the
enclosed ballot in secret or that I am blind,
unable to read and write English, or physically
incapable of marking the ballot, and the person of
my choosing indicated below marked the ballot at my
direction; all of the information on this statement
is, to the best of my knowledge and belief, true.
174
175
__________________ Subscribed and sworn
176 Signature of Voter to before me this
177 ______ day of
178 ______, ______
179 __________________ SB 730 15
5. The statement for persons providing assistance to 189
absentee voters shall be in substantially the following form: 190
6. [The election authority shall, for an election held 208
during 2020, adjust the forms described in this section to 209
account for voters voting absentee due to the reason 210
180 __________________ __________________
181 Address Signature of notary
182 or other officer
183 authorized to
184 administer oaths
185 __________________
186 Signature of Person
187 Assisting Voter
188 (if applicable)
191
192
193
194
195
196
197
198
199
200
201
The voter needed assistance in marking the ballot
and signing above, because of blindness, other
physical disability, or inability to read or to
read English. I marked the ballot enclosed in this
envelope at the voter's direction, when I was
alone with the voter, and I had no other
communication with the voter as to how he or she
was to vote. The voter swore or affirmed the voter
affidavit above and I then signed the voter's name
and completed the other voter information above.
Signed under the penalties of perjury.
202 Reason why voter needed assistance: ______
203 ASSISTING PERSON SIGN HERE
204 1. ______ (signature of assisting person)
205 2. ______ (assisting person's name printed)
206 3. ______ (assisting person's residence)
207 4. ______ (assisting person's home city or town). SB 730 16
established pursuant to subdivision (7) of subsection 1 of 211
section 115.277. 212
7.] Notwithstanding any other provision of this 213
section, any covered voter as defined in section 115.902 or 214
persons who have declared themselves to be permanently 215
disabled pursuant to section 115.284, otherwise entitled to 216
vote, shall not be required to obtain a notary seal or 217
signature on his or her absentee ballot. 218
[8.] 7. Notwithstanding any other provision of this 219
section or section 115.291 to the contrary, the 220
subscription, signature and seal of a notary or other 221
officer authorized to administer oaths shall not be required 222
on any ballot, ballot envelope, or statement required by 223
this section if the [reason for the] voter voting absentee 224
is [due to the reasons established pursuant to subdivision 225
(2) or (7) of subsection 1 of section 115.277 ] incapacitated 226
or confined due to illness or physical disability, including 227
a person who is primarily responsible for the physical care 228
of a person who is incapacitated or confined due to illness 229
or physical disability . 230
[9.] 8. No notary shall charge or collect a fee for 231
notarizing the signature on any absentee ballot or absentee 232
voter registration. 233
[10.] 9. A notary public who charges more than the 234
maximum fee specified or who charges or collects a fee for 235
notarizing the signature on any absentee ballot or absentee 236
voter registration is guilty of official misconduct. 237
115.291. 1. Upon receiving an absentee ballot by 1
mail, the voter shall mark the ballot in secret, place the 2
ballot in the ballot envelope, seal the envelope and fill 3
out the statement on the ballot envelope. The affidavit of 4
each person voting an absentee ballot shall be subscribed 5 SB 730 17
and sworn to before the election official receiving the 6
ballot, a notary public or other officer authorized by law 7
to administer oaths, unless the voter is voting absentee due 8
to incapacity or confinement due to the provisions of 9
section 115.284, illness or physical disability, [for an 10
election that occurs during the year 2020, the voter has 11
contracted or is in an at -risk category for contracting or 12
transmitting severe acute respiratory syndrome coronavirus 13
2, as defined in section 1 15.277,] or the voter is a covered 14
voter as defined in section 115.902. If the voter is blind, 15
unable to read or write the English language, or physically 16
incapable of voting the ballot, the voter may be assisted by 17
a person of the voter's own choosin g. Any person assisting 18
a voter who is not entitled to such assistance, and any 19
person who assists a voter and in any manner coerces or 20
initiates a request or a suggestion that the voter vote for 21
or against or refrain from voting on any question, tick et or 22
candidate, shall be guilty of a class one election offense. 23
If, upon counting, challenge or election contest, it is 24
ascertained that any absentee ballot was voted with unlawful 25
assistance, the ballot shall be rejected. [For purposes of 26
this subsection, the voters who are in an at -risk category 27
for contracting or transmitting severe acute respiratory 28
syndrome coronavirus 2 are voters who: 29
(1) Sixty-five years of age or older; 30
(2) Live in a long-term care facility licensed under 31
chapter 198; 32
(3) Have chronic lung disease or moderate to severe 33
asthma; 34
(4) Have serious heart conditions; 35
(5) Are immunocompromised; 36
(6) Have diabetes; 37 SB 730 18
(7) Have chronic kidney disease and are undergoing 38
dialysis; or 39
(8) Have liver disease.] 40
2. Except as provided in subsection 4 of this section, 41
each absentee ballot that is not cast by the voter in person 42
in the office of the election authority shall be returned to 43
the election authority in the ballot envelope a nd shall only 44
be returned by the voter in person, or in person by a 45
relative of the voter who is within the second degree of 46
consanguinity or affinity, by mail or registered carrier or 47
by a team of deputy election authorities; except that 48
covered voters, when sent from a location determined by the 49
secretary of state to be inaccessible on election day, shall 50
be allowed to return their absentee ballots cast by use of 51
facsimile transmission or under a program approved by the 52
Department of Defense for electronic transmission of 53
election materials. 54
3. In cases of an emergency declared by the President 55
of the United States or the governor of this state where the 56
conduct of an election may be affected, the secretary of 57
state may provide for the d elivery and return of absentee 58
ballots by use of a facsimile transmission device or 59
system. Any rule promulgated pursuant to this subsection 60
shall apply to a class or classes of voters as provided for 61
by the secretary of state. 62
4. No election authority shall refuse to accept and 63
process any otherwise valid marked absentee ballot submitted 64
in any manner by a covered voter solely on the basis of 65
restrictions on envelope type. 66