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. 738
101ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR EIGEL.
4105S.01I ADRIANE D. CROUSE, Secretary
AN ACT
To repeal sections 115.225, 115.237, 115.277, 115.283, 115.285, 115.291, 115.302, and 115.427,
RSMo, and to enact in lieu thereof eight new sections relating to elections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.225, 115.237, 115.277, 115.283, 1
115.285, 115.291, 115.302, and 115.427, RSMo, are repealed and 2
eight new sections enacted in lieu thereof, to be known as 3
sections 115.062, 115.225, 115.237, 115.277, 115.283, 115.285, 4
115.291, and 115.427, to read as follows:5
115.062. No election authority shall take or accept 1
funding, grants, or gifts of any k ind from any source other 2
than from the governing body of a political subdivision, the 3
state of Missouri, or the federal government. 4
115.225. 1. Before use by election authorities in 1
this state, the secretary of state shall approve the marking 2
devices and the automatic tabulating equipment used in 3
electronic voting systems and may promulgate rules and 4
regulations to implement the intent of sections 115.225 to 5
115.235. 6
2. No electronic voting system shall be approved 7
unless it: 8
(1) Permits voting in absolute secrecy; 9
(2) Permits each voter to vote for as many candidates 10
for each office as a voter is lawfully entitled to vote for; 11 SB 738 2
(3) Permits each voter to vote for or against as many 12
questions as a voter i s lawfully entitled to vote on, and no 13
more; 14
(4) Provides facilities for each voter to cast as many 15
write-in votes for each office as a voter is lawfully 16
entitled to cast; 17
(5) Permits each voter in a primary election to vote 18
for the candidates of only one party announced by the voter 19
in advance; 20
(6) Permits each voter at a presidential election to 21
vote by use of a single mark for the candidates of one party 22
or group of petitioners for president, vice president and 23
their presidential electors; 24
(7) Accurately counts all proper votes cast for each 25
candidate and for and against each question; 26
(8) Is set to reject all votes, except write -in votes, 27
for any office and on any question when the number of votes 28
exceeds the number a voter is lawfully entitled to cast; 29
(9) Permits each voter, while voting, to clearly see 30
the ballot label; 31
(10) Has been tested and is certified by an 32
independent authority that meets the voting system standards 33
developed by the Federal Election Commission or its 34
successor agency. The provisions of this subdivision shall 35
not be required for any system purchased prior to August 28, 36
2002. 37
3. The secretary of state shall promulgate rules and 38
regulations to allow the use of a comp uterized voting 39
system. The procedures shall provide for the use of a 40
computerized voting system with the ability to provide a 41
paper audit trail. Notwithstanding any provisions of this 42 SB 738 3
chapter to the contrary, such a system may allow for the 43
storage of processed ballot materials in an electronic form. 44
4. Any rule or portion of a rule, as that term is 45
defined in section 536.010, that is created under the 46
authority delegated in this section shall become effective 47
only if it complies with and i s subject to all of the 48
provisions of chapter 536 and, if applicable, section 49
536.028. This section and chapter 536 are nonseverable and 50
if any of the powers vested with the general assembly 51
pursuant to chapter 536 to review, to delay the effective 52
date or to disapprove and annul a rule are subsequently held 53
unconstitutional, then the grant of rulemaking authority and 54
any rule proposed or adopted after August 28, 2002, shall be 55
invalid and void. 56
5. If any election authority uses any touchscre en, 57
direct-recording, electronic vote -counting machine, the 58
election authority may continue to use such machine. Upon 59
the removal of such voting machine from the election 60
authority's inventory because of mechanical malfunction, 61
wear and tear, or any other reason, the machine shall not be 62
replaced and no additional direct -recording electronic 63
voting machine shall be added to the election authority's 64
inventory. Such machines shall not be used beginning 65
January 1, 2023, except that election authorit ies may allow 66
the machines to be used by voters who are disabled as long 67
as the machines are functional. Replacement of equipment 68
for use by voters who are disabled shall be with paper 69
ballot marking devices designed to assist voters. 70
115.237. 1. Each ballot printed or designed for use 1
with an electronic voting system for any election pursuant 2
to this chapter shall contain all questions and the names of 3
all offices and candidates certified or filed pursuant to 4 SB 738 4
this chapter and no other. Beginning January 1, 2023, the 5
official ballot shall be a paper ballot that is hand -marked 6
by the voter, or in the case of voters with disabilities who 7
need assistance, by a paper ballot marking device designed 8
to assist voters, except as pr ovided in subsection 5 of 9
section 115.225. As far as practicable, all questions and 10
the names of all offices and candidates for which each voter 11
is entitled to vote shall be printed on one page except for 12
the ballot for political party committee perso ns in polling 13
places not utilizing an electronic voting system which may 14
be printed separately and in conformity with the 15
requirements contained in this section. As far as 16
practicable, ballots containing only questions and the names 17
of nonpartisan offices and candidates shall be printed in 18
accordance with the provisions of this section, except that 19
the ballot information may be listed in vertical or 20
horizontal rows. The names of candidates for each office 21
shall be listed in the order in which the y are filed. 22
2. In polling places using electronic voting systems, 23
the ballot information may be arranged in vertical or 24
horizontal rows or on a number of separate pages or 25
screens. In any event, the name of each candidate, the 26
candidate's party, the office for which he or she is a 27
candidate, and each question shall be indicated clearly on 28
the ballot. 29
3. Nothing in this subchapter shall be construed as 30
prohibiting the use of a separate paper ballot for questions 31
or for the presidential preference primary in any polling 32
place using an electronic voting system. 33
4. Where electronic voting systems are used and when 34
write-in votes are authorized by law, a write -in ballot, 35
which may be in the form of a separate paper ballot, card, 36 SB 738 5
or envelope, may be provided by the election authority to 37
permit each voter to write in the names of persons whose 38
names do not appear on the ballot. 39
5. No ballot printed or designed for use with an 40
electronic voting system for any partisan election held 41
under this chapter shall allow a person to vote a straight 42
political party ticket. For purposes of this subsection, a 43
"straight political party ticket" means voting for all of 44
the candidates for elective office who are on the ballot 45
representing a single political party by a single selection 46
on the ballot. 47
6. The secretary of state shall promulgate rules that 48
specify uniform standards for ballot layout for each 49
electronic or computerized ballot counting system approved 50
under the provisions of section 115.225 so that the ballot 51
used with any counting system is, where possible, consistent 52
with the intent of this section. Nothing in this section 53
shall be construed to require the format specified in this 54
section if it does not meet the requirements of the ballot 55
counting system used by the election authority. 56
7. Any rule or portion of a rule, as that term is 57
defined in section 536.010, that is created under the 58
authority delegated in this section shall become effective 59
only if it complies with and is subject to all of the 60
provisions of chapter 536 and, if applicable, section 61
536.028. This section and chapter 536 are nonseverable and 62
if any of the powers vested with the general assembly 63
pursuant to chapter 536 to review, to delay the effective 64
date or to disapprove and annul a rule are subsequently held 65
unconstitutional, then the grant of rulemaking authority and 66
any rule proposed or adopted after August 28, 2002, shall be 67
invalid and void. 68 SB 738 6
115.277. 1. Except as provided in subsections 2, 3, 1
4, and 5 of this section, any registered voter of this state 2
may vote by absentee ballot for all candidates and issues 3
for which such voter would be eligible to vote at the 4
polling place if such voter expects to be prevented from 5
going to the polls to vote on election day due to: 6
(1) Absence on election day from the jurisdiction of 7
the election authority in which 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 due to illness or disability; 13
(3) Religious belief or practice; 14
(4) Employment as an election authority, as a member 15
of an election authority, or by an election authority at a 16
location other than such voter's polling place; 17
(5) Incarceration, provided all qualifications for 18
voting are retained; or 19
(6) Certified participation in the address 20
confidentiality program established under sections 589.660 21
to 589.681 because of safety concerns [; or 22
(7) For an election that occurs during the year 2020, 23
the voter has contracted or is in an at -risk category for 24
contracting or transmitting severe acu te respiratory 25
syndrome coronavirus 2. This subdivision shall expire on 26
December 31, 2020]. 27
2. Any covered voter who is eligible to register and 28
vote in this state may vote in any election for federal 29
office, statewide office, state legislative office, or 30
statewide ballot initiatives by submitting a federal 31
postcard application to apply to vote by absentee ballot or 32 SB 738 7
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 qualified to 41
vote in the election, may vote at the person's polling place. 42
3. Any interstate former resident may vote by absentee 43
ballot for presidential and vice presidential electors. 44
4. Any intrastate new resident may vote by absentee 45
ballot at the election for 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
new jurisdiction of residence after registering to vote in 50
such resident's new jurisdiction of residence. 51
5. Any new resident may vote by absentee ballot for 52
presidential and vice presidential electors after 53
registering to vote in such resident's new jurisdiction of 54
residence. 55
[6. For purposes of this section, the voters who are 56
in an at-risk category for contracting or transmittin g 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 SB 738 8
(4) Have serious heart conditions; 65
(5) Are immunocompromised; 66
(6) Have diabetes; 67
(7) Have chronic kidney disease and are undergoing 68
dialysis; or 69
(8) Have liver disease.] 70
115.283. 1. Each ballot envelope s hall bear a 1
statement on which the voter shall state the voter's name, 2
the voter's voting address, the voter's mailing address and 3
the voter's reason for voting an absentee ballot. If the 4
reason for the voter voting absentee is due to the reasons 5
established under subdivision (6) of subsection 1 of section 6
115.277, the voter shall state the voter's identification 7
information provided by the address confidentiality program 8
in lieu of the applicant's name, voting address, and mailing 9
address. On the form, the voter shall also state under 10
penalties of perjury that the voter is qualified to vote in 11
the election, that the voter has not previously voted and 12
will not vote again in the election, that the voter has 13
personally marked the voter's ballot in secret or supervised 14
the marking of the voter's ballot if the voter is unable to 15
mark it, that the ballot has been placed in the ballot 16
envelope and sealed by the voter or under the voter's 17
supervision if the voter is unable to seal it, and that all 18
information contained in the statement is true. In 19
addition, any person providing assistance to the absentee 20
voter shall include a statement on the envelope identifying 21
the person providing assistance under penalties of perjury. 22
Persons authorized to vote only for federal and statewide 23
officers shall also state their former Missouri residence. 24 SB 738 9
2. The statement for persons voting absentee ballots 25
who are registered voters shall be in substantially the 26
following form: 27
28 State of Missouri
29 County (City) of _______________
30
31
32
33
34
I, ______ (print name), a registered voter of
______ County (City of St. Louis, Kansas City),
declare under the penalties of perjury that I
expect to be prevented from going to the polls on
election day due to (check one):
35
36
37
______ absence on election day from the
jurisdiction of the election authority in
which I am registered;
38
39
40
41
______ incapacity or confinement due to illness
or physical disability, including caring
for a person who is incapacitated or
confined due to illness or disability;
42 ______ religious belief or practice;
43
44
45
______ employment as an election authority or by
an election authority at a location other
than my polling place;
46
47
48
______ incarceration, although I have retained
all the necessary qualifications for
voting;
49
50
51
52
______ certified participation in the address
confidentiality program established under
sections 589.660 to 589.681 because of
safety concerns.
53
54
55
56
57
58
59
60
61
I hereby state under penalties of perjury that I am
qualified to vote at this election; I have not
voted and will not vote other than by this ballot
at this election. I further state that I marked the
enclosed ballot in sec ret or that I am blind,
unable to read or write English, or physically
incapable of marking the ballot, and the person of
my choosing indicated below marked the ballot at my
SB 738 10
3. The statement for persons voting absentee ballots 78
pursuant to the provisions of subsection 2, 3, 4, or 5 of 79
section 115.277 without being registered shall be in 80
substantially the following form: 81
62
63
direction; all of the information on this statement
is, to the best of my knowledg e and belief, true.
64 __________________ __________________
65 Signature of Voter Signature of Person
66 Assisting Voter
67 (if applicable)
68 Signed ______ Subscribed and sworn
69 Signed ______ to before me this
70
71
Address of Voter ______day of ______,
______
72 __________________ __________________
73 __________________ __________________
74 Mailing addresses Signature of notary or
75 (if different) other officer
76 authorized to
77 administer oaths
82 State of Missouri
83 County (City) of ______
84
85
86
87
88
89
90
91
92
93
I, ______ (print name), declare under the penalties
of perjury that I am a citizen of the United States
and eighteen years of age or older. I am not
adjudged incapacitated by any court of law, and if
I have been convicted of a felony or of a
misdemeanor connected with the right of suffrage, I
have had the voting disabilities resulting from
such conviction removed pursuant to law. I hereby
SB 738 11
state under penalties of perjury that I am
qualified to vote at this election.
94 I am (check one):
95
96
97
98
99
______ a resident of the state of Missouri and a
registered voter in ______ County and
moved from that county to ______ County,
Missouri, after the last day to register
to vote in this election.
100
101
102
______ an interstate former resident of Missouri
and authorized to vote for presidential
and vice presidential electors.
103
104
105
106
107
108
109
110
111
I further state under penalties of perjury that I
have not voted and will not vote other than by th is
ballot at this election; I marked the enclosed
ballot in secret or am blind, unable to read or
write English, or physically incapable of marking
the ballot, and the person of my choosing indicated
below marked the ballot at my direction; all of the
information on this statement is, to the best of my
knowledge and belief, true.
112 __________________ Subscribed to and
113 Signature of Voter sworn before me this
114 ______ day of
115 ______, ______
116 __________________
117 __________________ __________________
118 Address of Voter Signature of notary or
119 other officer
120 authorized to
121 administer oaths
122 __________________ __________________
123
124
Mailing Address (if
different)
__________________
125 __________________ SB 738 12
4. The statement for persons voting absentee ballots 130
who are entitled to vote at the election pursuant to the 131
provisions of subsection 2 of section 115.137 shall be in 132
substantially the following form: 133
126 __________________ __________________
127 Signature of Person Address of Last
128 Assisting Voter Missouri Residence
129 (if applicable)
134 State of Missouri
135 County (City) of ______
136
137
138
139
I, ______ (print name), declare under the penalties
of perjury that I expect to be prevented from going
to the polls on election day due to (check one):
140
141
142
______ absence on election day from the
jurisdiction of the election authority in
which I am directed to vote;
143
144
145
146
______ incapacity or confinement due to illness
or physical disability, including caring
for a person who is incapacitated or
confined due to illness or disability;
147 ______ religious belief or practice;
148
149
150
______ employment as an election authority or by
an election authority at a location other
than my polling place;
151
152
153
______ incarceration, although I have retained
all the necessary qualifications of
voting;
154
155
156
157
______ certified participation in the address
confidentiality program established under
sections 589.660 to 589.681 because of
safety concerns.
158
159
I hereby state under penalties of perjury that I
own property in the ______ district and am
SB 738 13
5. The statement for persons providing assistance to 184
absentee voters shall be in substantially the following form: 185
160
161
162
163
164
165
166
167
168
169
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 i nformation on this statement
is, to the best of my knowledge and belief, true.
170 __________________ Subscribed and sworn
171 Signature of Voter to before me this
172 ______ day of
173 ______, ______
174 __________________
175 __________________ __________________
176 Address Signature of notary or
177 other officer
178 authorized to
179 administer oaths
180 __________________
181 Signature of Person
182 Assisting Voter
183 (if applicable)
186
187
188
189
190
191
192
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
SB 738 14
6. [The election authority shall, for an election held 203
during 2020, adjust the forms described in this section to 204
account for voters voting absentee due to the reason 205
established pursuant to subdivision (7) of subsection 1 of 206
section 115.277. 207
7.] Notwithstanding any other provision of this 208
section, any covered voter as defined in section 115.902 or 209
persons who have declared themselves to be permanently 210
disabled pursuant to section 115.284, otherwise entitled to 211
vote, shall not be required to obtain a notary seal or 212
signature on his or her absentee ballot. 213
[8.] 7. Notwithstanding any other provision of this 214
section or section 115.291 to the contrary, the 215
subscription, signature and seal of a notary or other 216
officer authorized to administer oaths shall not be required 217
on any ballot, ballot envelope, or statement required by 218
this section if the reason for the voter voting absentee is 219
due to the reasons established pursuant to subdivision (2) 220
[or (7)] of subsection 1 of section 115.277. 221
193
194
195
196
was to vote. The voter swore or affirmed the voter
affidavit above and I then signed the voter's name
and completed the other voter information above.
Signed under the penalties of perjury.
197 Reason why voter needed assistance: ______
198 ASSISTING PERSON SIGN HERE
199 1. ______ (signature of assisting person)
200 2. ______ (assisting person's name printed)
201 3. ______ (assisting person's residence)
202 4. ______ (assisting person's home city or town). SB 738 15
[9.] 8. No notary shall charge or collect a fee for 222
notarizing the signature on any absentee ballot or absentee 223
voter registration. 224
[10.] 9. A notary public who charges more than the 225
maximum fee specified or who charges or collects a fee for 226
notarizing the signature on any absentee ballot or absentee 227
voter registration is guilty of official misconduct. 228
115.285. The secretary of state may prescribe uniform 1
regulations with respect to the printing of ballot envelopes 2
and mailing envelopes, which shall comply with standards 3
established by federal law or postal regulations. Mailing 4
envelopes for use in returning ballots shall be printed with 5
business reply permits so that any ballot returned by mail 6
does not require postage. All fees and costs for 7
establishing and maintaining the business reply and postage - 8
free mail for all ba llots cast shall be paid by the 9
secretary of state through state appropriations. 10
[Notwithstanding any provision of law to the contrary, a 11
ballot envelope used under section 115.302 shall be the same 12
ballot envelope used for absentee ballots, provided an 13
option shall be listed on the envelope to clearly indicate 14
whether the voter is casting an absentee ballot or a mail -in 15
ballot.] 16
115.291. 1. Upon receiving an absentee ballot by 1
mail, the voter shall mark the ballot in secret, p lace the 2
ballot in the ballot envelope, seal the envelope and fill 3
out the statement on the ballot envelope. The affidavit of 4
each person voting an absentee ballot shall be subscribed 5
and sworn to before the election official receiving the 6
ballot, a notary public or other officer authorized by law 7
to administer oaths, unless the voter is voting absentee due 8
to incapacity or confinement due to the provisions of 9 SB 738 16
section 115.284, illness or physical disability, [for an 10
election that occurs during the year 2020, the voter has 11
contracted or is in an at -risk category for contracting or 12
transmitting severe acute respiratory syndrome coronavirus 13
2, as defined in section 115.277, ] or the voter is a covered 14
voter as defined in section 115.902. If the voter is blind, 15
unable to read or write the English language, or physically 16
incapable of voting the ballot, the voter may be assisted by 17
a person of the voter's own choosing. Any person assisting 18
a voter who is not entitled to such assistance, and any 19
person who assists a voter and in any manner coerces or 20
initiates a request or a suggestion that the voter vote for 21
or against or refrain from voting on any question, ticket or 22
candidate, shall be guilty of a class one election offense. 23
If, upon counting, challenge or election contest, it is 24
ascertained that any absentee ballot was voted with unlawful 25
assistance, the ballot shall be rejected. [For purposes of 26
this subsection, the voters who are in an at -risk category 27
for contracting or transmittin g severe acute respiratory 28
syndrome coronavirus 2 are voters who: 29
(1) Sixty-five years of age or older; 30
(2) Live in a long-term care facility licensed under 31
chapter 198; 32
(3) Have chronic lung disease or moderate to severe 33
asthma; 34
(4) Have serious heart conditions; 35
(5) Are immunocompromised; 36
(6) Have diabetes; 37
(7) Have chronic kidney disease and are undergoing 38
dialysis; or 39
(8) Have liver disease.] 40 SB 738 17
2. Except as provided in subsection 4 of this section, 41
each absentee ballot that is not cast by the voter in person 42
in the office of the election authority shall be returned to 43
the election authority in the ballot envelope and shall only 44
be returned by the voter in person, or in person by a 45
relative of the voter who is within the second degree of 46
consanguinity or affinity, by mail or registered carrier or 47
by a team of deputy election authorities; except that 48
covered voters, when sent from a location determined by the 49
secretary of state to be inaccessi ble on election day, shall 50
be allowed to return their absentee ballots cast by use of 51
facsimile transmission or under a program approved by the 52
Department of Defense for electronic transmission of 53
election materials. 54
3. In cases of an emergency d eclared by the President 55
of the United States or the governor of this state where the 56
conduct of an election may be affected, the secretary of 57
state may provide for the delivery and return of absentee 58
ballots by use of a facsimile transmission device o r 59
system. Any rule promulgated pursuant to this subsection 60
shall apply to a class or classes of voters as provided for 61
by the secretary of state. 62
4. No election authority shall refuse to accept and 63
process any otherwise valid marked absentee bal lot submitted 64
in any manner by a covered voter solely on the basis of 65
restrictions on envelope type. 66
115.427. 1. Persons seeking to vote in a public 1
election shall establish their identity and eligibility to 2
vote at the polling pla ce, or, if voting absentee in person, 3
at the office of the election authority, by presenting a 4
form of personal identification to election officials. No 5
form of personal identification other than the forms listed 6 SB 738 18
in this section shall be accepted to es tablish a voter's 7
qualifications to vote. Forms of personal identification 8
that satisfy the requirements of this section are any one of 9
the following: 10
(1) Nonexpired Missouri driver's license; 11
(2) Nonexpired or nonexpiring Missouri nondrive r's 12
license; 13
(3) A document that satisfies all of the following 14
requirements: 15
(a) The document contains the name of the individual 16
to whom the document was issued, and the name substantially 17
conforms to the most recent signature in the indi vidual's 18
voter registration record; 19
(b) The document shows a photograph of the individual; 20
(c) The document includes an expiration date, and the 21
document is not expired, or, if expired, the document 22
expired after the date of the most recent general election; 23
and 24
(d) The document was issued by the United States or 25
the state of Missouri; or 26
(4) Any identification containing a photograph of the 27
individual which is issued by the Missouri National Guard, 28
the United States Armed For ces, or the United States 29
Department of Veteran Affairs to a member or former member 30
of the Missouri National Guard or the United States Armed 31
Forces and that is not expired or does not have an 32
expiration date. 33
2. (1) An individual who appears a t a polling place 34
without a form of personal identification described in 35
subsection 1 of this section and who is otherwise qualified 36
to vote at that polling place [may execute a statement, 37
under penalty of perjury, averring that the individual is 38 SB 738 19
the person listed in the precinct register; averring that 39
the individual does not possess a form of personal 40
identification described in subsection 1 of this section; 41
acknowledging that the individual is eligible to receive a 42
Missouri nondriver's license f ree of charge if desiring it 43
in order to vote; and acknowledging that the individual is 44
required to present a form of personal identification, as 45
described in subsection 1 of this section, in order to 46
vote. Such statement shall be executed and sworn t o before 47
the election official receiving the statement. Upon 48
executing such statement, the individual may cast a regular 49
ballot, provided such individual presents one of the 50
following forms of identification: 51
(a) Identification issued by the sta te of Missouri, an 52
agency of the state, or a local election authority of the 53
state; 54
(b) Identification issued by the United States 55
government or agency thereof; 56
(c) Identification issued by an institution of higher 57
education, including a un iversity, college, vocational and 58
technical school, located within the state of Missouri; 59
(d) A copy of a current utility bill, bank statement, 60
government check, paycheck, or other government document 61
that contains the name and address of the indi vidual; 62
(e) Other identification approved by the secretary of 63
state under rules promulgated pursuant to this section. 64
(2) For any individual who appears at a polling place 65
without a form of personal identification described in 66
subsection 1 of this section and who is otherwise qualified 67
to vote at that polling place, the election authority may 68
take a picture of such individual and keep it as part of 69 SB 738 20
that individual's voter registration file at the election 70
authority. 71
(3) Any individual who chooses not to execute the 72
statement described in subdivision (1) of this subsection 73
may cast a provisional ballot. Such provisional ballot 74
shall be counted, provided that it meets the requirements of 75
subsection 4 of this section. 76
(4) For the purposes of this section, the term 77
"election official" shall include any person working under 78
the authority of the election authority. 79
3. The statement to be used for voting under 80
subdivision (1) of subsection 2 of this section shall be 81
substantially in the following form: 82
83 "State of ______
84 County of ______
85
86
87
88
89
90
91
92
93
94
95
96
97
98
I do solemnly swear (or affirm) that my name is
______; that I reside at ______; that I am the
person listed in the precinct register under this
name and at this address; and that, under penalty
of perjury, I do not possess a form of personal
identification approved for voting. As a person
who does not possess a form of personal
identification approved for voting, I acknowledge
that I am eligible to receive free of charge a
Missouri nondriver's license at any fee office if
desiring it in order to vote. I furthermore
acknowledge that I am required to present a form
of personal identification, as prescribed by law,
in order to vote.
99
100
101
I understand that knowingly providing false
information is a violation of law and subjects me
to possible criminal prosecution.
102 __________________
103 Signature of voter SB 738 21
4. A voter] shall be allowed to cast a provisional 108
ballot [under section 115.430 even if the election judges 109
cannot establish the voter's identity under this section ] 110
pursuant to this subsection . The election judges shall make 111
a notation on the provisional ballot envelope to indicate 112
that the voter's identity was not verified. 113
(2) No person described in subdivision (1) of this 114
subsection shall be entitled to receive a provisional ballot 115
until such person has completed a provisional ballot 116
affidavit on the provisional ballot envelope described in 117
subdivision (3) of this subs ection. All provisional ballots 118
cast pursuant to this subsection shall be marked with a 119
conspicuous stamp or mark that makes them distinguishable 120
from other ballots. 121
(3) (a) The provisional ballot envelope shall be 122
completed by the voter for us e in determining the voter's 123
eligibility to cast a ballot. 124
(b) The provisional ballot envelope shall provide a 125
place for the voter's name, address, date of birth, and last 126
four digits of his or her Social Security number, followed 127
by a certificate in substantially the following form: 128
104
105
Subscribed and affirmed before me this ______ day
of ______, 20______
106 __________________
107 Signature of election official"
129
130
131
132
"I do solemnly swear that I am the person
identified above and the information provided is
correct. I understand that my vote will not be
counted unless:
SB 738 22
133
134
135
(1) I return to this polling place today between
6:00 a.m. and 7:00 p.m. and provide one of the
following forms of identification:
136 (a) Nonexpired Missouri driver's license;
137
138
(b) Nonexpired or nonexpiring Missouri nondriver's
license;
139
140
(c) A document that satisfies all of the following
requirements:
141
142
143
a. The document contains my name, in substantially
the same form as the most recent signature on my
voter registration record;
144 b. The document contains my photograph;
145
146
147
148
c. The document contains an expiration date and
the document is not expired, or if expired, the
document expired after the date of the most recent
general election; and
149
150
d. The document was issued by the United States or
the state of Missouri; or
151
152
153
154
155
156
157
(d) Identification containing my photograph issued
to me by the Missouri National Guard, the United
States Armed Forces, or the United States
Department of Veteran Affairs as a member or former
member of the Missouri National Guard or the United
States Armed Forces and that is not expired or does
not have an expiration date; or
158
159
160
161
162
(2) The election authority verifies my identity by
comparing my signature on this envelope to the
signature on file with the election authority and
determines that I was eligible to cast a ballot at
this polling place; and
163
164
165
(3) This provisional ballot otherwise qualifies to
be counted under the laws of the state of Missouri.
166 __________________ ______
167 Signature of Voter Date
168 __________________________________ SB 738 23
Once voted, the provisional ballot shall be sealed in the 170
provisional ballot envelope and deposited in the ballot box. 171
3. The provisional ballot cast by such voter shall not 172
be counted unless: 173
(1) (a) The voter returns to the polling place during 174
the uniform polling hours established by section 115.407 and 175
provides a form of personal identification that allows the 176
election judges to verify the voter's identity as provided 177
in subsection 1 of this section; or 178
(b) The election authority verifies the identity of 179
the individual by comparing that individual's signature to 180
the signature on file with the election authority and 181
determines that the individual was eligible to cast a ballot 182
at the polling place where the ballot was cast; and 183
(2) The provisional ballot otherwise qualifies to be 184
counted under section 115.430. 185
[5. The secretary of state shall provide advance 186
notice of the personal identification requirements of 187
subsection 1 of this section in a manner calculated to 188
inform the public generally of the requirement for forms of 189
personal identification as provided in this section. Such 190
advance notice shall include, at a minimum, the use of 191
advertisements and public service announcements in prin t, 192
broadcast television, radio, and cable television media, as 193
well as the posting of information on the opening pages of 194
the official state internet websites of the secretary of 195
state and governor. 196
6.] 4. (1) Notwithstanding the provisions of s ection 197
136.055 and section 302.181 to the contrary, the state and 198
169 Signatures of Elections Officials" SB 738 24
all fee offices shall provide one nondriver's license at no 199
cost to any otherwise qualified voter who does not already 200
possess such identification and who desires the 201
identification [in order to vote] for voting. 202
(2) This state and its agencies shall provide one copy 203
of each of the following, free of charge, if needed by an 204
individual seeking to obtain a form of personal 205
identification described in subsection 1 of this section [in 206
order to vote] for voting: 207
(a) A birth certificate; 208
(b) A marriage license or certificate; 209
(c) A divorce decree; 210
(d) A certificate of decree of adoption; 211
(e) A court order changing the person's name; 212
(f) A Social Security card reflecting an updated name; 213
and 214
(g) Naturalization papers or other documents from the 215
United States Department of State proving citizenship. 216
Any individual seeking one of the above documents in order 217
to obtain a form of personal identif ication described in 218
subsection 1 of this section [in order to vote] for voting 219
may request the secretary of state to facilitate the 220
acquisition of such documents. The secretary of state shall 221
pay any fee or fees charged by another state or its 222
agencies, or any court of competent jurisdiction in this 223
state or any other state, or the federal government or its 224
agencies, in order to obtain any of the above documents from 225
such state or the federal government. 226
(3) [All costs associated with the im plementation of 227
this section shall be reimbursed from the general revenue of 228
this state by an appropriation for that purpose. If there 229 SB 738 25
is not a sufficient appropriation of state funds, then the 230
personal identification requirements of subsection 1 of t his 231
section shall not be enforced. 232
(4)] Any applicant who requests a nondriver's license 233
for [the purpose of] voting shall not be required to pay a 234
fee [if the applicant executes a statement, under penalty of 235
perjury, averring that the applicant does not have any other 236
form of personal identification that meets the requirements 237
of this section]. The state of Missouri shall pay the 238
legally required fees for any such applicant. [The director 239
of the department of revenue shall design a statemen t to be 240
used for this purpose. The total cost associated with 241
nondriver's license photo identification under this 242
subsection shall be borne by the state of Missouri from 243
funds appropriated to the department of revenue for that 244
specific purpose.] The department of revenue and a local 245
election authority may enter into a contract that allows the 246
local election authority to assist the department in issuing 247
nondriver's license photo identifications. 248
[7.] 5. The director of the department of reven ue 249
shall, by January first of each year, prepare and deliver to 250
each member of the general assembly a report documenting the 251
number of individuals who have requested and received a 252
nondriver's license photo identification for the purposes of 253
voting under this section. The report shall also include 254
the number of persons requesting a nondriver's license for 255
purposes of voting under this section, but not receiving 256
such license, and the reason for the denial of the 257
nondriver's license. 258
[8.] 6. The precinct register shall serve as the voter 259
identification certificate. The following form shall be 260
printed at the top of each page of the precinct register: 261 SB 738 26
[9.] 7. The secretary of state shall promulgate rules 274
to effectuate the provisions of this section. 275
[10.] 8. Any rule or portion of a rule, as that term 276
is defined in section 536.010, that is created under the 277
authority delegated in this section shall become effective 278
only if it complies with and is subject to all of the 279
provisions of chapter 536 and, if applicable, section 280
536.028. This section and chapter 536 are nonseverable and 281
if any of the powers vested with the general assembly 282
pursuant to chapter 536 to review, to delay the effective 283
date or to disapprove and annul a rule are subsequently held 284
unconstitutional, then the grant of rulemaking authority and 285
any rule proposed or adopted after August 28, 2002, shall be 286
invalid and void. 287
[11.] 9. If any voter is unable to sign his name at 288
the appropriate place on the certificate or computer 289
printout, an election judge shall print the name and address 290
of the voter in the appropriate place on the precinct 291
register, the voter shall make his mark in lieu of 292
262 VOTER'S IDENTIFICATION CERTIFICATE
263
264
265
Warning: It is against the law for anyone to vote,
or attempt to vote, without having a lawful right
to vote.
266 PRECINCT
267 WARD OR TOWNSHIP ______
268 GENERAL (SPECIAL, PRIMARY) ELECTION
269 Held ______, 20______
270 Date
271
272
273
I hereby certify that I am qualified to vote at
this election by signing my name and verifying my
address by signing my initials next to my address.
SB 738 27
signature, and the voter's ma rk shall be witnessed by the 293
signature of an election judge. 294
[12. This section shall become effective only upon the 295
passage and approval by the voters of a constitutional 296
amendment submitted to them by the general assembly 297
regarding the authoriza tion of photo identification 298
requirements for elections by general law. If such 299
constitutional amendment is approved by the voters, this 300
section shall become effective June 1, 2017. ] 301
[115.302. 1. Any registered voter of this 1
state may cast a mail-in ballot as provided in 2
this section. Nothing in this section shall 3
prevent a voter from casting an absentee ballot, 4
provided such person has not cast a ballot 5
pursuant to this section. Application for a 6
mail-in ballot may be mad e by the applicant in 7
person, or by United States mail, or on behalf 8
of the applicant by his or her guardian or 9
relative within the second degree of 10
consanguinity or affinity. 11
2. Each application for a mail -in ballot 12
shall be made to the electio n authority of the 13
jurisdiction in which the person is registered. 14
Each application shall be in writing and shall 15
state the applicant's name, address at which he 16
or she is registered, the address to which the 17
ballot is to be mailed. 18
3. All applications for mail-in ballots 19
received prior to the sixth Tuesday before an 20
election shall be stored at the office of the 21
election authority until such time as the 22
applications are processed under section 23
115.281. No application for a mail -in ballot 24
received in the office of the election authority 25
after 5:00 p.m. on the second Wednesday 26
immediately prior to the election shall be 27
accepted by any election authority. 28
4. Each application for a mail -in ballot 29
shall be signed by the applicant or, if the 30
application is made by a guardian or relative 31
under this section, the application shall be 32
signed by the guardian or relative, who shall 33
note on the application his or her relationship 34
to the applicant. If an applicant, guardian, or 35
relative is blind, unable to read or write the 36
English language, or physically incapable of 37
signing the application, he or she shall sign by 38
mark that is witnessed by the signature of an 39
election official or person of his or her 40
choice. Knowingly making, deli vering, or 41 SB 738 28
mailing a fraudulent mail -in-ballot application 42
is a class one election offense. 43
5. Not later than the sixth Tuesday prior 44
to each election, or within fourteen days after 45
candidate names or questions are certified under 46
section 115.125, the election authority shall 47
cause to have printed and made available a 48
sufficient quantity of ballots, ballot 49
envelopes, and mailing envelopes. As soon as 50
possible after a proper official calls a special 51
state or county election, the election aut hority 52
shall cause to have printed and made available a 53
sufficient quantity of mail -in ballots, ballot 54
envelopes, and mailing envelopes. 55
6. Each ballot envelope shall bear a 56
statement in substantially the same form 57
described in subsection 9 of t his section. In 58
addition, any person providing assistance to the 59
mail-in voter shall include a signature on the 60
envelope identifying the person providing such 61
assistance under penalties of perjury. Persons 62
authorized to vote only for federal and 63
statewide offices shall also state their former 64
Missouri residence. 65
7. The statement for persons voting mail - 66
in ballots who are registered voters shall be in 67
substantially the following form: 68
69 State of Missouri
70 County (City) of _________
71
72
73
74
75
76
77
78
79
80
81
82
83
84
I, _________ (print name), a registered
voter of _________ County (City of St.
Louis, Kansas City), declare under the
penalties of perjury that: I am qualified
to vote at this election; I have not voted
and will not vote other than by this ballot
at this election. I further state that I
marked the enclosed ballot in secret or that
I am blind, unable to read or write English,
or physically incapable of marking the
ballot, and the person of my choosing
indicated below marked the ballot at my
direction; all of the information on this
statement is, to the best of my knowledge
and belief, true.
85 __________________ __________________
86 Signature of Voter Signature of Person
87 Assisting Voter
88 (if applicable)
89
90
Subscribed and sworn to before me this
_________ day of _________ , _________ .
SB 738 29
8. Upon receipt of a signed applicatio n 98
for a mail-in ballot and if satisfied that the 99
applicant is entitled to vote by mail -in ballot, 100
the election authority shall, within three 101
working days after receiving the application, 102
or, if mail-in ballots are not available at the 103
time the application is received, within five 104
working days after such ballots become 105
available, deliver to the voter a mail -in 106
ballot, ballot envelope and such instructions as 107
are necessary for the applicant to vote. If the 108
election authority is not satisfied that any 109
applicant is entitled to vote by mail -in ballot, 110
the authority shall not deliver a mail -in ballot 111
to the applicant. Within three working days of 112
receiving such an application, the election 113
authority shall notify the applicant and state 114
the reason he or she is not entitled to vote by 115
mail-in ballot. The applicant may file a 116
complaint with the elections division of the 117
secretary of state's office under section 118
115.219. 119
9. On the mailing and ballot envelopes for 120
each covered voter, the e lection authority shall 121
stamp the words "ELECTION BALLOT, STATE OF 122
MISSOURI" and "U.S. Postage Paid, 39 U.S.C. 123
Section 3406". 124
10. No information which encourages a vote 125
for or against a candidate or issue shall be 126
provided to any voter with a ma il-in ballot. 127
11. Upon receiving a mail -in ballot by 128
mail, the voter shall mark the ballot in secret, 129
place the ballot in the ballot envelope, seal 130
the envelope and fill out the statement on the 131
ballot envelope. The statement required under 132
subsection 7 of this section shall be subscribed 133
and sworn to before a notary public or other 134
officer authorized by law to administer oaths. 135
If the voter is blind, unable to read or write 136
the English language, or physically incapable of 137
voting the ballot, the voter may be assisted by 138
a person of the voter's own choosing. Any 139
person who assists a voter and in any manner 140
91 __________________
92
93
Signature of notary or other officer
authorized to administer oaths.
94 ______________
95 ______________
96 Mailing addresses
97 (if different) SB 738 30
coerces or initiates a request or suggestion 141
that the voter vote for or against, or refrain 142
from voting on, any question or candida te, shall 143
be guilty of a class one election offense. If, 144
upon counting, challenge, or election contest, 145
it is ascertained that any mail -in ballot was 146
voted with unlawful assistance, the ballot shall 147
be rejected. 148
12. Each mail-in ballot shall be returned 149
to the election authority in the ballot envelope 150
and shall only be returned by the voter by 151
United States mail. 152
13. The secretary of state may prescribe 153
uniform regulations with respect to the printing 154
of ballot envelopes and mailing e nvelopes, which 155
shall comply with standards established by 156
federal law or postal regulations. Mailing 157
envelopes for use in returning ballots shall be 158
printed with business reply permits so that any 159
ballot returned by mail does not require 160
postage. All fees and costs for establishing 161
and maintaining the business reply and postage - 162
free mail for all ballots cast shall be paid by 163
the secretary of state through state 164
appropriations. 165
14. All votes on each mail -in ballot 166
received by an election authority at or before 167
the time fixed by law for the closing of the 168
polls on election day shall be counted. No 169
votes on any mail-in ballot received by an 170
election authority after the time fixed by law 171
for the closing of the polls on election day 172
shall be counted. 173
15. If sufficient evidence is shown to an 174
election authority that any mail -in voter has 175
died prior to the opening of the polls on 176
election day, the ballot of the deceased voter 177
shall be rejected if it is still sealed in the 178
ballot envelope. Any such rejected ballot, 179
still sealed in its ballot envelope, shall be 180
sealed with the application and any other papers 181
connected therewith in an envelope marked 182
"Rejected ballot of _________ , a mail -in voter 183
of _________ voting district". The reason for 184
rejection shall be noted on the envelope, which 185
shall be kept by the election authority with the 186
other ballots from the election until the 187
ballots are destroyed according to law. 188
16. As each mail-in ballot is received by 189
the election authority, the election authority 190
shall indicate its receipt on the list. 191
17. All mail-in ballot envelopes received 192
by the election authority shall be kept together 193
in a safe place and shall not be opened except 194
as provided under this ch apter. 195 SB 738 31
18. Mail-in ballots shall be counted using 196
the procedures set out in sections 115.297, 197
115.299, 115.300, and 115.303. 198
19. The false execution of a mail -in 199
ballot is a class one election offense. The 200
attorney general or any prosecuti ng or circuit 201
attorney shall have the authority to prosecute 202
such offense either in the county of residence 203
of the person or in the circuit court of Cole 204
County. 205
20. The provisions of this section shall 206
apply only to an election that occurs duri ng the 207
year 2020, to avoid the risk of contracting or 208
transmitting severe acute respiratory syndrome 209
coronavirus 2. 210
21. The provisions of this section 211
terminate and shall be repealed on December 31, 212
2020, and shall not apply to any election 213
conducted after that date. ] 214