Missouri 2022 Regular Session

Missouri Senate Bill SB738 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	SECOND REGULAR SESSION
5	5	SENATE BILL NO. 738
6	6	101ST GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR EIGEL.
8	8	4105S.01I ADRIANE D. CROUSE, Secretary
9	9	AN ACT
10	10	To repeal sections 115.225, 115.237, 115.277, 115.283, 115.285, 115.291, 115.302, and 115.427,
11	11	RSMo, and to enact in lieu thereof eight new sections relating to elections.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 115.225, 115.237, 115.277, 115.283, 1
15	15	115.285, 115.291, 115.302, and 115.427, RSMo, are repealed and 2
16	16	eight new sections enacted in lieu thereof, to be known as 3
17	17	sections 115.062, 115.225, 115.237, 115.277, 115.283, 115.285, 4
18	18	115.291, and 115.427, to read as follows:5
19	19	115.062. No election authority shall take or accept 1
20	20	funding, grants, or gifts of any k ind from any source other 2
21	21	than from the governing body of a political subdivision, the 3
22	22	state of Missouri, or the federal government. 4
23	23	115.225. 1. Before use by election authorities in 1
24	24	this state, the secretary of state shall approve the marking 2
25	25	devices and the automatic tabulating equipment used in 3
26	26	electronic voting systems and may promulgate rules and 4
27	27	regulations to implement the intent of sections 115.225 to 5
28	28	115.235. 6
29	29	2. No electronic voting system shall be approved 7
30	30	unless it: 8
31	31	(1) Permits voting in absolute secrecy; 9
32	32	(2) Permits each voter to vote for as many candidates 10
33	33	for each office as a voter is lawfully entitled to vote for; 11 SB 738 2
34	34	(3) Permits each voter to vote for or against as many 12
35	35	questions as a voter i s lawfully entitled to vote on, and no 13
36	36	more; 14
37	37	(4) Provides facilities for each voter to cast as many 15
38	38	write-in votes for each office as a voter is lawfully 16
39	39	entitled to cast; 17
40	40	(5) Permits each voter in a primary election to vote 18
41	41	for the candidates of only one party announced by the voter 19
42	42	in advance; 20
43	43	(6) Permits each voter at a presidential election to 21
44	44	vote by use of a single mark for the candidates of one party 22
45	45	or group of petitioners for president, vice president and 23
46	46	their presidential electors; 24
47	47	(7) Accurately counts all proper votes cast for each 25
48	48	candidate and for and against each question; 26
49	49	(8) Is set to reject all votes, except write -in votes, 27
50	50	for any office and on any question when the number of votes 28
51	51	exceeds the number a voter is lawfully entitled to cast; 29
52	52	(9) Permits each voter, while voting, to clearly see 30
53	53	the ballot label; 31
54	54	(10) Has been tested and is certified by an 32
55	55	independent authority that meets the voting system standards 33
56	56	developed by the Federal Election Commission or its 34
57	57	successor agency. The provisions of this subdivision shall 35
58	58	not be required for any system purchased prior to August 28, 36
59	59	2002. 37
60	60	3. The secretary of state shall promulgate rules and 38
61	61	regulations to allow the use of a comp uterized voting 39
62	62	system. The procedures shall provide for the use of a 40
63	63	computerized voting system with the ability to provide a 41
64	64	paper audit trail. Notwithstanding any provisions of this 42 SB 738 3
65	65	chapter to the contrary, such a system may allow for the 43
66	66	storage of processed ballot materials in an electronic form. 44
67	67	4. Any rule or portion of a rule, as that term is 45
68	68	defined in section 536.010, that is created under the 46
69	69	authority delegated in this section shall become effective 47
70	70	only if it complies with and i s subject to all of the 48
71	71	provisions of chapter 536 and, if applicable, section 49
72	72	536.028. This section and chapter 536 are nonseverable and 50
73	73	if any of the powers vested with the general assembly 51
74	74	pursuant to chapter 536 to review, to delay the effective 52
75	75	date or to disapprove and annul a rule are subsequently held 53
76	76	unconstitutional, then the grant of rulemaking authority and 54
77	77	any rule proposed or adopted after August 28, 2002, shall be 55
78	78	invalid and void. 56
79	79	5. If any election authority uses any touchscre en, 57
80	80	direct-recording, electronic vote -counting machine, the 58
81	81	election authority may continue to use such machine. Upon 59
82	82	the removal of such voting machine from the election 60
83	83	authority's inventory because of mechanical malfunction, 61
84	84	wear and tear, or any other reason, the machine shall not be 62
85	85	replaced and no additional direct -recording electronic 63
86	86	voting machine shall be added to the election authority's 64
87	87	inventory. Such machines shall not be used beginning 65
88	88	January 1, 2023, except that election authorit ies may allow 66
89	89	the machines to be used by voters who are disabled as long 67
90	90	as the machines are functional. Replacement of equipment 68
91	91	for use by voters who are disabled shall be with paper 69
92	92	ballot marking devices designed to assist voters. 70
93	93	115.237. 1. Each ballot printed or designed for use 1
94	94	with an electronic voting system for any election pursuant 2
95	95	to this chapter shall contain all questions and the names of 3
96	96	all offices and candidates certified or filed pursuant to 4 SB 738 4
97	97	this chapter and no other. Beginning January 1, 2023, the 5
98	98	official ballot shall be a paper ballot that is hand -marked 6
99	99	by the voter, or in the case of voters with disabilities who 7
100	100	need assistance, by a paper ballot marking device designed 8
101	101	to assist voters, except as pr ovided in subsection 5 of 9
102	102	section 115.225. As far as practicable, all questions and 10
103	103	the names of all offices and candidates for which each voter 11
104	104	is entitled to vote shall be printed on one page except for 12
105	105	the ballot for political party committee perso ns in polling 13
106	106	places not utilizing an electronic voting system which may 14
107	107	be printed separately and in conformity with the 15
108	108	requirements contained in this section. As far as 16
109	109	practicable, ballots containing only questions and the names 17
110	110	of nonpartisan offices and candidates shall be printed in 18
111	111	accordance with the provisions of this section, except that 19
112	112	the ballot information may be listed in vertical or 20
113	113	horizontal rows. The names of candidates for each office 21
114	114	shall be listed in the order in which the y are filed. 22
115	115	2. In polling places using electronic voting systems, 23
116	116	the ballot information may be arranged in vertical or 24
117	117	horizontal rows or on a number of separate pages or 25
118	118	screens. In any event, the name of each candidate, the 26
119	119	candidate's party, the office for which he or she is a 27
120	120	candidate, and each question shall be indicated clearly on 28
121	121	the ballot. 29
122	122	3. Nothing in this subchapter shall be construed as 30
123	123	prohibiting the use of a separate paper ballot for questions 31
124	124	or for the presidential preference primary in any polling 32
125	125	place using an electronic voting system. 33
126	126	4. Where electronic voting systems are used and when 34
127	127	write-in votes are authorized by law, a write -in ballot, 35
128	128	which may be in the form of a separate paper ballot, card, 36 SB 738 5
129	129	or envelope, may be provided by the election authority to 37
130	130	permit each voter to write in the names of persons whose 38
131	131	names do not appear on the ballot. 39
132	132	5. No ballot printed or designed for use with an 40
133	133	electronic voting system for any partisan election held 41
134	134	under this chapter shall allow a person to vote a straight 42
135	135	political party ticket. For purposes of this subsection, a 43
136	136	"straight political party ticket" means voting for all of 44
137	137	the candidates for elective office who are on the ballot 45
138	138	representing a single political party by a single selection 46
139	139	on the ballot. 47
140	140	6. The secretary of state shall promulgate rules that 48
141	141	specify uniform standards for ballot layout for each 49
142	142	electronic or computerized ballot counting system approved 50
143	143	under the provisions of section 115.225 so that the ballot 51
144	144	used with any counting system is, where possible, consistent 52
145	145	with the intent of this section. Nothing in this section 53
146	146	shall be construed to require the format specified in this 54
147	147	section if it does not meet the requirements of the ballot 55
148	148	counting system used by the election authority. 56
149	149	7. Any rule or portion of a rule, as that term is 57
150	150	defined in section 536.010, that is created under the 58
151	151	authority delegated in this section shall become effective 59
152	152	only if it complies with and is subject to all of the 60
153	153	provisions of chapter 536 and, if applicable, section 61
154	154	536.028. This section and chapter 536 are nonseverable and 62
155	155	if any of the powers vested with the general assembly 63
156	156	pursuant to chapter 536 to review, to delay the effective 64
157	157	date or to disapprove and annul a rule are subsequently held 65
158	158	unconstitutional, then the grant of rulemaking authority and 66
159	159	any rule proposed or adopted after August 28, 2002, shall be 67
160	160	invalid and void. 68 SB 738 6
161	161	115.277. 1. Except as provided in subsections 2, 3, 1
162	162	4, and 5 of this section, any registered voter of this state 2
163	163	may vote by absentee ballot for all candidates and issues 3
164	164	for which such voter would be eligible to vote at the 4
165	165	polling place if such voter expects to be prevented from 5
166	166	going to the polls to vote on election day due to: 6
167	167	(1) Absence on election day from the jurisdiction of 7
168	168	the election authority in which such voter is registered to 8
169	169	vote; 9
170	170	(2) Incapacity or confinement due to illness or 10
171	171	physical disability, including a person who is primarily 11
172	172	responsible for the physical care of a person who is 12
173	173	incapacitated or confined due to illness or disability; 13
174	174	(3) Religious belief or practice; 14
175	175	(4) Employment as an election authority, as a member 15
176	176	of an election authority, or by an election authority at a 16
177	177	location other than such voter's polling place; 17
178	178	(5) Incarceration, provided all qualifications for 18
179	179	voting are retained; or 19
180	180	(6) Certified participation in the address 20
181	181	confidentiality program established under sections 589.660 21
182	182	to 589.681 because of safety concerns [; or 22
183	183	(7) For an election that occurs during the year 2020, 23
184	184	the voter has contracted or is in an at -risk category for 24
185	185	contracting or transmitting severe acu te respiratory 25
186	186	syndrome coronavirus 2. This subdivision shall expire on 26
187	187	December 31, 2020]. 27
188	188	2. Any covered voter who is eligible to register and 28
189	189	vote in this state may vote in any election for federal 29
190	190	office, statewide office, state legislative office, or 30
191	191	statewide ballot initiatives by submitting a federal 31
192	192	postcard application to apply to vote by absentee ballot or 32 SB 738 7
193	193	by submitting a federal postcard application at the polling 33
194	194	place even though the person is not registered. A federal 34
195	195	postcard application submitted by a covered voter pursuant 35
196	196	to this subsection shall also serve as a voter registration 36
197	197	application under section 115.908 and the election authority 37
198	198	shall, if satisfied that the applicant is entitled to 38
199	199	register, place the voter' s name on the voter registration 39
200	200	file. Each covered voter may vote by absentee ballot or, 40
201	201	upon submitting an affidavit that the person is qualified to 41
202	202	vote in the election, may vote at the person's polling place. 42
203	203	3. Any interstate former resident may vote by absentee 43
204	204	ballot for presidential and vice presidential electors. 44
205	205	4. Any intrastate new resident may vote by absentee 45
206	206	ballot at the election for presidential and vice 46
207	207	presidential electors, United States senator, representative 47
208	208	in Congress, statewide elected officials and statewide 48
209	209	questions, propositions and amendments from such resident's 49
210	210	new jurisdiction of residence after registering to vote in 50
211	211	such resident's new jurisdiction of residence. 51
212	212	5. Any new resident may vote by absentee ballot for 52
213	213	presidential and vice presidential electors after 53
214	214	registering to vote in such resident's new jurisdiction of 54
215	215	residence. 55
216	216	[6. For purposes of this section, the voters who are 56
217	217	in an at-risk category for contracting or transmittin g 57
218	218	severe acute respiratory syndrome coronavirus 2 are voters 58
219	219	who: 59
220	220	(1) Are sixty-five years of age or older; 60
221	221	(2) Live in a long-term care facility licensed under 61
222	222	chapter 198; 62
223	223	(3) Have chronic lung disease or moderate to severe 63
224	224	asthma; 64 SB 738 8
225	225	(4) Have serious heart conditions; 65
226	226	(5) Are immunocompromised; 66
227	227	(6) Have diabetes; 67
228	228	(7) Have chronic kidney disease and are undergoing 68
229	229	dialysis; or 69
230	230	(8) Have liver disease.] 70
231	231	115.283. 1. Each ballot envelope s hall bear a 1
232	232	statement on which the voter shall state the voter's name, 2
233	233	the voter's voting address, the voter's mailing address and 3
234	234	the voter's reason for voting an absentee ballot. If the 4
235	235	reason for the voter voting absentee is due to the reasons 5
236	236	established under subdivision (6) of subsection 1 of section 6
237	237	115.277, the voter shall state the voter's identification 7
238	238	information provided by the address confidentiality program 8
239	239	in lieu of the applicant's name, voting address, and mailing 9
240	240	address. On the form, the voter shall also state under 10
241	241	penalties of perjury that the voter is qualified to vote in 11
242	242	the election, that the voter has not previously voted and 12
243	243	will not vote again in the election, that the voter has 13
244	244	personally marked the voter's ballot in secret or supervised 14
245	245	the marking of the voter's ballot if the voter is unable to 15
246	246	mark it, that the ballot has been placed in the ballot 16
247	247	envelope and sealed by the voter or under the voter's 17
248	248	supervision if the voter is unable to seal it, and that all 18
249	249	information contained in the statement is true. In 19
250	250	addition, any person providing assistance to the absentee 20
251	251	voter shall include a statement on the envelope identifying 21
252	252	the person providing assistance under penalties of perjury. 22
253	253	Persons authorized to vote only for federal and statewide 23
254	254	officers shall also state their former Missouri residence. 24 SB 738 9
255	255	2. The statement for persons voting absentee ballots 25
256	256	who are registered voters shall be in substantially the 26
257	257	following form: 27
258	258	28 State of Missouri
259	259	29 County (City) of _______________
260	260	30
261	261	31
262	262	32
263	263	33
264	264	34
265	265	I, ______ (print name), a registered voter of
266	266	______ County (City of St. Louis, Kansas City),
267	267	declare under the penalties of perjury that I
268	268	expect to be prevented from going to the polls on
269	269	election day due to (check one):
270	270
271	271	35
272	272	36
273	273	37
274	274	______ absence on election day from the
275	275	jurisdiction of the election authority in
276	276	which I am registered;
277	277
278	278	38
279	279	39
280	280	40
281	281	41
282	282	______ incapacity or confinement due to illness
283	283	or physical disability, including caring
284	284	for a person who is incapacitated or
285	285	confined due to illness or disability;
286	286
287	287	42 ______ religious belief or practice;
288	288	43
289	289	44
290	290	45
291	291	______ employment as an election authority or by
292	292	an election authority at a location other
293	293	than my polling place;
294	294
295	295	46
296	296	47
297	297	48
298	298	______ incarceration, although I have retained
299	299	all the necessary qualifications for
300	300	voting;
301	301
302	302	49
303	303	50
304	304	51
305	305	52
306	306	______ certified participation in the address
307	307	confidentiality program established under
308	308	sections 589.660 to 589.681 because of
309	309	safety concerns.
310	310
311	311	53
312	312	54
313	313	55
314	314	56
315	315	57
316	316	58
317	317	59
318	318	60
319	319	61
320	320	I hereby state under penalties of perjury that I am
321	321	qualified to vote at this election; I have not
322	322	voted and will not vote other than by this ballot
323	323	at this election. I further state that I marked the
324	324	enclosed ballot in sec ret or that I am blind,
325	325	unable to read or write English, or physically
326	326	incapable of marking the ballot, and the person of
327	327	my choosing indicated below marked the ballot at my
328	328	SB 738 10
329	329	3. The statement for persons voting absentee ballots 78
330	330	pursuant to the provisions of subsection 2, 3, 4, or 5 of 79
331	331	section 115.277 without being registered shall be in 80
332	332	substantially the following form: 81
333	333	62
334	334	63
335	335	direction; all of the information on this statement
336	336	is, to the best of my knowledg e and belief, true.
337	337	64 __________________ __________________
338	338	65 Signature of Voter Signature of Person
339	339	66 Assisting Voter
340	340	67 (if applicable)
341	341	68 Signed ______ Subscribed and sworn
342	342	69 Signed ______ to before me this
343	343	70
344	344	71
345	345	Address of Voter ______day of ______,
346	346	______
347	347
348	348	72 __________________ __________________
349	349	73 __________________ __________________
350	350	74 Mailing addresses Signature of notary or
351	351	75 (if different) other officer
352	352	76 authorized to
353	353	77 administer oaths
354	354	82 State of Missouri
355	355	83 County (City) of ______
356	356	84
357	357	85
358	358	86
359	359	87
360	360	88
361	361	89
362	362	90
363	363	91
364	364	92
365	365	93
366	366	I, ______ (print name), declare under the penalties
367	367	of perjury that I am a citizen of the United States
368	368	and eighteen years of age or older. I am not
369	369	adjudged incapacitated by any court of law, and if
370	370	I have been convicted of a felony or of a
371	371	misdemeanor connected with the right of suffrage, I
372	372	have had the voting disabilities resulting from
373	373	such conviction removed pursuant to law. I hereby
374	374	SB 738 11
375	375	state under penalties of perjury that I am
376	376	qualified to vote at this election.
377	377	94 I am (check one):
378	378	95
379	379	96
380	380	97
381	381	98
382	382	99
383	383	______ a resident of the state of Missouri and a
384	384	registered voter in ______ County and
385	385	moved from that county to ______ County,
386	386	Missouri, after the last day to register
387	387	to vote in this election.
388	388
389	389	100
390	390	101
391	391	102
392	392	______ an interstate former resident of Missouri
393	393	and authorized to vote for presidential
394	394	and vice presidential electors.
395	395
396	396	103
397	397	104
398	398	105
399	399	106
400	400	107
401	401	108
402	402	109
403	403	110
404	404	111
405	405	I further state under penalties of perjury that I
406	406	have not voted and will not vote other than by th is
407	407	ballot at this election; I marked the enclosed
408	408	ballot in secret or am blind, unable to read or
409	409	write English, or physically incapable of marking
410	410	the ballot, and the person of my choosing indicated
411	411	below marked the ballot at my direction; all of the
412	412	information on this statement is, to the best of my
413	413	knowledge and belief, true.
414	414
415	415	112 __________________ Subscribed to and
416	416	113 Signature of Voter sworn before me this
417	417	114 ______ day of
418	418	115 ______, ______
419	419	116 __________________
420	420	117 __________________ __________________
421	421	118 Address of Voter Signature of notary or
422	422	119 other officer
423	423	120 authorized to
424	424	121 administer oaths
425	425	122 __________________ __________________
426	426	123
427	427	124
428	428	Mailing Address (if
429	429	different)
430	430	__________________
431	431	125 __________________ SB 738 12
432	432	4. The statement for persons voting absentee ballots 130
433	433	who are entitled to vote at the election pursuant to the 131
434	434	provisions of subsection 2 of section 115.137 shall be in 132
435	435	substantially the following form: 133
436	436	126 __________________ __________________
437	437	127 Signature of Person Address of Last
438	438	128 Assisting Voter Missouri Residence
439	439	129 (if applicable)
440	440	134 State of Missouri
441	441	135 County (City) of ______
442	442	136
443	443	137
444	444	138
445	445	139
446	446	I, ______ (print name), declare under the penalties
447	447	of perjury that I expect to be prevented from going
448	448	to the polls on election day due to (check one):
449	449
450	450	140
451	451	141
452	452	142
453	453	______ absence on election day from the
454	454	jurisdiction of the election authority in
455	455	which I am directed to vote;
456	456
457	457	143
458	458	144
459	459	145
460	460	146
461	461	______ incapacity or confinement due to illness
462	462	or physical disability, including caring
463	463	for a person who is incapacitated or
464	464	confined due to illness or disability;
465	465
466	466	147 ______ religious belief or practice;
467	467	148
468	468	149
469	469	150
470	470	______ employment as an election authority or by
471	471	an election authority at a location other
472	472	than my polling place;
473	473
474	474	151
475	475	152
476	476	153
477	477	______ incarceration, although I have retained
478	478	all the necessary qualifications of
479	479	voting;
480	480
481	481	154
482	482	155
483	483	156
484	484	157
485	485	______ certified participation in the address
486	486	confidentiality program established under
487	487	sections 589.660 to 589.681 because of
488	488	safety concerns.
489	489
490	490	158
491	491	159
492	492	I hereby state under penalties of perjury that I
493	493	own property in the ______ district and am
494	494	SB 738 13
495	495	5. The statement for persons providing assistance to 184
496	496	absentee voters shall be in substantially the following form: 185
497	497	160
498	498	161
499	499	162
500	500	163
501	501	164
502	502	165
503	503	166
504	504	167
505	505	168
506	506	169
507	507	qualified to vote at this election; I have not
508	508	voted and will not vote other than by this ballot
509	509	at this election. I further state that I marked the
510	510	enclosed ballot in secret or that I am blind,
511	511	unable to read and write English, or physically
512	512	incapable of marking the ballot, and the person of
513	513	my choosing indicated below marked the ballot at my
514	514	direction; all of the i nformation on this statement
515	515	is, to the best of my knowledge and belief, true.
516	516	170 __________________ Subscribed and sworn
517	517	171 Signature of Voter to before me this
518	518	172 ______ day of
519	519	173 ______, ______
520	520	174 __________________
521	521	175 __________________ __________________
522	522	176 Address Signature of notary or
523	523	177 other officer
524	524	178 authorized to
525	525	179 administer oaths
526	526	180 __________________
527	527	181 Signature of Person
528	528	182 Assisting Voter
529	529	183 (if applicable)
530	530	186
531	531	187
532	532	188
533	533	189
534	534	190
535	535	191
536	536	192
537	537	The voter needed assistance in marking the ballot
538	538	and signing above, because of blindness, other
539	539	physical disability, or inability to read or to
540	540	read English. I marked the ballot enclosed in this
541	541	envelope at the voter's direction, when I was
542	542	alone with the voter, and I had no other
543	543	communication with the voter as to how he or she
544	544	SB 738 14
545	545	6. [The election authority shall, for an election held 203
546	546	during 2020, adjust the forms described in this section to 204
547	547	account for voters voting absentee due to the reason 205
548	548	established pursuant to subdivision (7) of subsection 1 of 206
549	549	section 115.277. 207
550	550	7.] Notwithstanding any other provision of this 208
551	551	section, any covered voter as defined in section 115.902 or 209
552	552	persons who have declared themselves to be permanently 210
553	553	disabled pursuant to section 115.284, otherwise entitled to 211
554	554	vote, shall not be required to obtain a notary seal or 212
555	555	signature on his or her absentee ballot. 213
556	556	[8.] 7. Notwithstanding any other provision of this 214
557	557	section or section 115.291 to the contrary, the 215
558	558	subscription, signature and seal of a notary or other 216
559	559	officer authorized to administer oaths shall not be required 217
560	560	on any ballot, ballot envelope, or statement required by 218
561	561	this section if the reason for the voter voting absentee is 219
562	562	due to the reasons established pursuant to subdivision (2) 220
563	563	[or (7)] of subsection 1 of section 115.277. 221
564	564	193
565	565	194
566	566	195
567	567	196
568	568	was to vote. The voter swore or affirmed the voter
569	569	affidavit above and I then signed the voter's name
570	570	and completed the other voter information above.
571	571	Signed under the penalties of perjury.
572	572	197 Reason why voter needed assistance: ______
573	573	198 ASSISTING PERSON SIGN HERE
574	574	199 1. ______ (signature of assisting person)
575	575	200 2. ______ (assisting person's name printed)
576	576	201 3. ______ (assisting person's residence)
577	577	202 4. ______ (assisting person's home city or town). SB 738 15
578	578	[9.] 8. No notary shall charge or collect a fee for 222
579	579	notarizing the signature on any absentee ballot or absentee 223
580	580	voter registration. 224
581	581	[10.] 9. A notary public who charges more than the 225
582	582	maximum fee specified or who charges or collects a fee for 226
583	583	notarizing the signature on any absentee ballot or absentee 227
584	584	voter registration is guilty of official misconduct. 228
585	585	115.285. The secretary of state may prescribe uniform 1
586	586	regulations with respect to the printing of ballot envelopes 2
587	587	and mailing envelopes, which shall comply with standards 3
588	588	established by federal law or postal regulations. Mailing 4
589	589	envelopes for use in returning ballots shall be printed with 5
590	590	business reply permits so that any ballot returned by mail 6
591	591	does not require postage. All fees and costs for 7
592	592	establishing and maintaining the business reply and postage - 8
593	593	free mail for all ba llots cast shall be paid by the 9
594	594	secretary of state through state appropriations. 10
595	595	[Notwithstanding any provision of law to the contrary, a 11
596	596	ballot envelope used under section 115.302 shall be the same 12
597	597	ballot envelope used for absentee ballots, provided an 13
598	598	option shall be listed on the envelope to clearly indicate 14
599	599	whether the voter is casting an absentee ballot or a mail -in 15
600	600	ballot.] 16
601	601	115.291. 1. Upon receiving an absentee ballot by 1
602	602	mail, the voter shall mark the ballot in secret, p lace the 2
603	603	ballot in the ballot envelope, seal the envelope and fill 3
604	604	out the statement on the ballot envelope. The affidavit of 4
605	605	each person voting an absentee ballot shall be subscribed 5
606	606	and sworn to before the election official receiving the 6
607	607	ballot, a notary public or other officer authorized by law 7
608	608	to administer oaths, unless the voter is voting absentee due 8
609	609	to incapacity or confinement due to the provisions of 9 SB 738 16
610	610	section 115.284, illness or physical disability, [for an 10
611	611	election that occurs during the year 2020, the voter has 11
612	612	contracted or is in an at -risk category for contracting or 12
613	613	transmitting severe acute respiratory syndrome coronavirus 13
614	614	2, as defined in section 115.277, ] or the voter is a covered 14
615	615	voter as defined in section 115.902. If the voter is blind, 15
616	616	unable to read or write the English language, or physically 16
617	617	incapable of voting the ballot, the voter may be assisted by 17
618	618	a person of the voter's own choosing. Any person assisting 18
619	619	a voter who is not entitled to such assistance, and any 19
620	620	person who assists a voter and in any manner coerces or 20
621	621	initiates a request or a suggestion that the voter vote for 21
622	622	or against or refrain from voting on any question, ticket or 22
623	623	candidate, shall be guilty of a class one election offense. 23
624	624	If, upon counting, challenge or election contest, it is 24
625	625	ascertained that any absentee ballot was voted with unlawful 25
626	626	assistance, the ballot shall be rejected. [For purposes of 26
627	627	this subsection, the voters who are in an at -risk category 27
628	628	for contracting or transmittin g severe acute respiratory 28
629	629	syndrome coronavirus 2 are voters who: 29
630	630	(1) Sixty-five years of age or older; 30
631	631	(2) Live in a long-term care facility licensed under 31
632	632	chapter 198; 32
633	633	(3) Have chronic lung disease or moderate to severe 33
634	634	asthma; 34
635	635	(4) Have serious heart conditions; 35
636	636	(5) Are immunocompromised; 36
637	637	(6) Have diabetes; 37
638	638	(7) Have chronic kidney disease and are undergoing 38
639	639	dialysis; or 39
640	640	(8) Have liver disease.] 40 SB 738 17
641	641	2. Except as provided in subsection 4 of this section, 41
642	642	each absentee ballot that is not cast by the voter in person 42
643	643	in the office of the election authority shall be returned to 43
644	644	the election authority in the ballot envelope and shall only 44
645	645	be returned by the voter in person, or in person by a 45
646	646	relative of the voter who is within the second degree of 46
647	647	consanguinity or affinity, by mail or registered carrier or 47
648	648	by a team of deputy election authorities; except that 48
649	649	covered voters, when sent from a location determined by the 49
650	650	secretary of state to be inaccessi ble on election day, shall 50
651	651	be allowed to return their absentee ballots cast by use of 51
652	652	facsimile transmission or under a program approved by the 52
653	653	Department of Defense for electronic transmission of 53
654	654	election materials. 54
655	655	3. In cases of an emergency d eclared by the President 55
656	656	of the United States or the governor of this state where the 56
657	657	conduct of an election may be affected, the secretary of 57
658	658	state may provide for the delivery and return of absentee 58
659	659	ballots by use of a facsimile transmission device o r 59
660	660	system. Any rule promulgated pursuant to this subsection 60
661	661	shall apply to a class or classes of voters as provided for 61
662	662	by the secretary of state. 62
663	663	4. No election authority shall refuse to accept and 63
664	664	process any otherwise valid marked absentee bal lot submitted 64
665	665	in any manner by a covered voter solely on the basis of 65
666	666	restrictions on envelope type. 66
667	667	115.427. 1. Persons seeking to vote in a public 1
668	668	election shall establish their identity and eligibility to 2
669	669	vote at the polling pla ce, or, if voting absentee in person, 3
670	670	at the office of the election authority, by presenting a 4
671	671	form of personal identification to election officials. No 5
672	672	form of personal identification other than the forms listed 6 SB 738 18
673	673	in this section shall be accepted to es tablish a voter's 7
674	674	qualifications to vote. Forms of personal identification 8
675	675	that satisfy the requirements of this section are any one of 9
676	676	the following: 10
677	677	(1) Nonexpired Missouri driver's license; 11
678	678	(2) Nonexpired or nonexpiring Missouri nondrive r's 12
679	679	license; 13
680	680	(3) A document that satisfies all of the following 14
681	681	requirements: 15
682	682	(a) The document contains the name of the individual 16
683	683	to whom the document was issued, and the name substantially 17
684	684	conforms to the most recent signature in the indi vidual's 18
685	685	voter registration record; 19
686	686	(b) The document shows a photograph of the individual; 20
687	687	(c) The document includes an expiration date, and the 21
688	688	document is not expired, or, if expired, the document 22
689	689	expired after the date of the most recent general election; 23
690	690	and 24
691	691	(d) The document was issued by the United States or 25
692	692	the state of Missouri; or 26
693	693	(4) Any identification containing a photograph of the 27
694	694	individual which is issued by the Missouri National Guard, 28
695	695	the United States Armed For ces, or the United States 29
696	696	Department of Veteran Affairs to a member or former member 30
697	697	of the Missouri National Guard or the United States Armed 31
698	698	Forces and that is not expired or does not have an 32
699	699	expiration date. 33
700	700	2. (1) An individual who appears a t a polling place 34
701	701	without a form of personal identification described in 35
702	702	subsection 1 of this section and who is otherwise qualified 36
703	703	to vote at that polling place [may execute a statement, 37
704	704	under penalty of perjury, averring that the individual is 38 SB 738 19
705	705	the person listed in the precinct register; averring that 39
706	706	the individual does not possess a form of personal 40
707	707	identification described in subsection 1 of this section; 41
708	708	acknowledging that the individual is eligible to receive a 42
709	709	Missouri nondriver's license f ree of charge if desiring it 43
710	710	in order to vote; and acknowledging that the individual is 44
711	711	required to present a form of personal identification, as 45
712	712	described in subsection 1 of this section, in order to 46
713	713	vote. Such statement shall be executed and sworn t o before 47
714	714	the election official receiving the statement. Upon 48
715	715	executing such statement, the individual may cast a regular 49
716	716	ballot, provided such individual presents one of the 50
717	717	following forms of identification: 51
718	718	(a) Identification issued by the sta te of Missouri, an 52
719	719	agency of the state, or a local election authority of the 53
720	720	state; 54
721	721	(b) Identification issued by the United States 55
722	722	government or agency thereof; 56
723	723	(c) Identification issued by an institution of higher 57
724	724	education, including a un iversity, college, vocational and 58
725	725	technical school, located within the state of Missouri; 59
726	726	(d) A copy of a current utility bill, bank statement, 60
727	727	government check, paycheck, or other government document 61
728	728	that contains the name and address of the indi vidual; 62
729	729	(e) Other identification approved by the secretary of 63
730	730	state under rules promulgated pursuant to this section. 64
731	731	(2) For any individual who appears at a polling place 65
732	732	without a form of personal identification described in 66
733	733	subsection 1 of this section and who is otherwise qualified 67
734	734	to vote at that polling place, the election authority may 68
735	735	take a picture of such individual and keep it as part of 69 SB 738 20
736	736	that individual's voter registration file at the election 70
737	737	authority. 71
738	738	(3) Any individual who chooses not to execute the 72
739	739	statement described in subdivision (1) of this subsection 73
740	740	may cast a provisional ballot. Such provisional ballot 74
741	741	shall be counted, provided that it meets the requirements of 75
742	742	subsection 4 of this section. 76
743	743	(4) For the purposes of this section, the term 77
744	744	"election official" shall include any person working under 78
745	745	the authority of the election authority. 79
746	746	3. The statement to be used for voting under 80
747	747	subdivision (1) of subsection 2 of this section shall be 81
748	748	substantially in the following form: 82
749	749	83 "State of ______
750	750	84 County of ______
751	751	85
752	752	86
753	753	87
754	754	88
755	755	89
756	756	90
757	757	91
758	758	92
759	759	93
760	760	94
761	761	95
762	762	96
763	763	97
764	764	98
765	765	I do solemnly swear (or affirm) that my name is
766	766	______; that I reside at ______; that I am the
767	767	person listed in the precinct register under this
768	768	name and at this address; and that, under penalty
769	769	of perjury, I do not possess a form of personal
770	770	identification approved for voting. As a person
771	771	who does not possess a form of personal
772	772	identification approved for voting, I acknowledge
773	773	that I am eligible to receive free of charge a
774	774	Missouri nondriver's license at any fee office if
775	775	desiring it in order to vote. I furthermore
776	776	acknowledge that I am required to present a form
777	777	of personal identification, as prescribed by law,
778	778	in order to vote.
779	779
780	780	99
781	781	100
782	782	101
783	783	I understand that knowingly providing false
784	784	information is a violation of law and subjects me
785	785	to possible criminal prosecution.
786	786
787	787	102 __________________
788	788	103 Signature of voter SB 738 21
789	789	4. A voter] shall be allowed to cast a provisional 108
790	790	ballot [under section 115.430 even if the election judges 109
791	791	cannot establish the voter's identity under this section ] 110
792	792	pursuant to this subsection . The election judges shall make 111
793	793	a notation on the provisional ballot envelope to indicate 112
794	794	that the voter's identity was not verified. 113
795	795	(2) No person described in subdivision (1) of this 114
796	796	subsection shall be entitled to receive a provisional ballot 115
797	797	until such person has completed a provisional ballot 116
798	798	affidavit on the provisional ballot envelope described in 117
799	799	subdivision (3) of this subs ection. All provisional ballots 118
800	800	cast pursuant to this subsection shall be marked with a 119
801	801	conspicuous stamp or mark that makes them distinguishable 120
802	802	from other ballots. 121
803	803	(3) (a) The provisional ballot envelope shall be 122
804	804	completed by the voter for us e in determining the voter's 123
805	805	eligibility to cast a ballot. 124
806	806	(b) The provisional ballot envelope shall provide a 125
807	807	place for the voter's name, address, date of birth, and last 126
808	808	four digits of his or her Social Security number, followed 127
809	809	by a certificate in substantially the following form: 128
810	810	104
811	811	105
812	812	Subscribed and affirmed before me this ______ day
813	813	of ______, 20______
814	814
815	815	106 __________________
816	816	107 Signature of election official"
817	817	129
818	818	130
819	819	131
820	820	132
821	821	"I do solemnly swear that I am the person
822	822	identified above and the information provided is
823	823	correct. I understand that my vote will not be
824	824	counted unless:
825	825	SB 738 22
826	826	133
827	827	134
828	828	135
829	829	(1) I return to this polling place today between
830	830	6:00 a.m. and 7:00 p.m. and provide one of the
831	831	following forms of identification:
832	832
833	833	136 (a) Nonexpired Missouri driver's license;
834	834	137
835	835	138
836	836	(b) Nonexpired or nonexpiring Missouri nondriver's
837	837	license;
838	838
839	839	139
840	840	140
841	841	(c) A document that satisfies all of the following
842	842	requirements:
843	843
844	844	141
845	845	142
846	846	143
847	847	a. The document contains my name, in substantially
848	848	the same form as the most recent signature on my
849	849	voter registration record;
850	850
851	851	144 b. The document contains my photograph;
852	852	145
853	853	146
854	854	147
855	855	148
856	856	c. The document contains an expiration date and
857	857	the document is not expired, or if expired, the
858	858	document expired after the date of the most recent
859	859	general election; and
860	860
861	861	149
862	862	150
863	863	d. The document was issued by the United States or
864	864	the state of Missouri; or
865	865
866	866	151
867	867	152
868	868	153
869	869	154
870	870	155
871	871	156
872	872	157
873	873	(d) Identification containing my photograph issued
874	874	to me by the Missouri National Guard, the United
875	875	States Armed Forces, or the United States
876	876	Department of Veteran Affairs as a member or former
877	877	member of the Missouri National Guard or the United
878	878	States Armed Forces and that is not expired or does
879	879	not have an expiration date; or
880	880
881	881	158
882	882	159
883	883	160
884	884	161
885	885	162
886	886	(2) The election authority verifies my identity by
887	887	comparing my signature on this envelope to the
888	888	signature on file with the election authority and
889	889	determines that I was eligible to cast a ballot at
890	890	this polling place; and
891	891
892	892	163
893	893	164
894	894	165
895	895	(3) This provisional ballot otherwise qualifies to
896	896	be counted under the laws of the state of Missouri.
897	897
898	898	166 __________________ ______
899	899	167 Signature of Voter Date
900	900	168 __________________________________ SB 738 23
901	901	Once voted, the provisional ballot shall be sealed in the 170
902	902	provisional ballot envelope and deposited in the ballot box. 171
903	903	3. The provisional ballot cast by such voter shall not 172
904	904	be counted unless: 173
905	905	(1) (a) The voter returns to the polling place during 174
906	906	the uniform polling hours established by section 115.407 and 175
907	907	provides a form of personal identification that allows the 176
908	908	election judges to verify the voter's identity as provided 177
909	909	in subsection 1 of this section; or 178
910	910	(b) The election authority verifies the identity of 179
911	911	the individual by comparing that individual's signature to 180
912	912	the signature on file with the election authority and 181
913	913	determines that the individual was eligible to cast a ballot 182
914	914	at the polling place where the ballot was cast; and 183
915	915	(2) The provisional ballot otherwise qualifies to be 184
916	916	counted under section 115.430. 185
917	917	[5. The secretary of state shall provide advance 186
918	918	notice of the personal identification requirements of 187
919	919	subsection 1 of this section in a manner calculated to 188
920	920	inform the public generally of the requirement for forms of 189
921	921	personal identification as provided in this section. Such 190
922	922	advance notice shall include, at a minimum, the use of 191
923	923	advertisements and public service announcements in prin t, 192
924	924	broadcast television, radio, and cable television media, as 193
925	925	well as the posting of information on the opening pages of 194
926	926	the official state internet websites of the secretary of 195
927	927	state and governor. 196
928	928	6.] 4. (1) Notwithstanding the provisions of s ection 197
929	929	136.055 and section 302.181 to the contrary, the state and 198
930	930	169 Signatures of Elections Officials" SB 738 24
931	931	all fee offices shall provide one nondriver's license at no 199
932	932	cost to any otherwise qualified voter who does not already 200
933	933	possess such identification and who desires the 201
934	934	identification [in order to vote] for voting. 202
935	935	(2) This state and its agencies shall provide one copy 203
936	936	of each of the following, free of charge, if needed by an 204
937	937	individual seeking to obtain a form of personal 205
938	938	identification described in subsection 1 of this section [in 206
939	939	order to vote] for voting: 207
940	940	(a) A birth certificate; 208
941	941	(b) A marriage license or certificate; 209
942	942	(c) A divorce decree; 210
943	943	(d) A certificate of decree of adoption; 211
944	944	(e) A court order changing the person's name; 212
945	945	(f) A Social Security card reflecting an updated name; 213
946	946	and 214
947	947	(g) Naturalization papers or other documents from the 215
948	948	United States Department of State proving citizenship. 216
949	949	Any individual seeking one of the above documents in order 217
950	950	to obtain a form of personal identif ication described in 218
951	951	subsection 1 of this section [in order to vote] for voting 219
952	952	may request the secretary of state to facilitate the 220
953	953	acquisition of such documents. The secretary of state shall 221
954	954	pay any fee or fees charged by another state or its 222
955	955	agencies, or any court of competent jurisdiction in this 223
956	956	state or any other state, or the federal government or its 224
957	957	agencies, in order to obtain any of the above documents from 225
958	958	such state or the federal government. 226
959	959	(3) [All costs associated with the im plementation of 227
960	960	this section shall be reimbursed from the general revenue of 228
961	961	this state by an appropriation for that purpose. If there 229 SB 738 25
962	962	is not a sufficient appropriation of state funds, then the 230
963	963	personal identification requirements of subsection 1 of t his 231
964	964	section shall not be enforced. 232
965	965	(4)] Any applicant who requests a nondriver's license 233
966	966	for [the purpose of] voting shall not be required to pay a 234
967	967	fee [if the applicant executes a statement, under penalty of 235
968	968	perjury, averring that the applicant does not have any other 236
969	969	form of personal identification that meets the requirements 237
970	970	of this section]. The state of Missouri shall pay the 238
971	971	legally required fees for any such applicant. [The director 239
972	972	of the department of revenue shall design a statemen t to be 240
973	973	used for this purpose. The total cost associated with 241
974	974	nondriver's license photo identification under this 242
975	975	subsection shall be borne by the state of Missouri from 243
976	976	funds appropriated to the department of revenue for that 244
977	977	specific purpose.] The department of revenue and a local 245
978	978	election authority may enter into a contract that allows the 246
979	979	local election authority to assist the department in issuing 247
980	980	nondriver's license photo identifications. 248
981	981	[7.] 5. The director of the department of reven ue 249
982	982	shall, by January first of each year, prepare and deliver to 250
983	983	each member of the general assembly a report documenting the 251
984	984	number of individuals who have requested and received a 252
985	985	nondriver's license photo identification for the purposes of 253
986	986	voting under this section. The report shall also include 254
987	987	the number of persons requesting a nondriver's license for 255
988	988	purposes of voting under this section, but not receiving 256
989	989	such license, and the reason for the denial of the 257
990	990	nondriver's license. 258
991	991	[8.] 6. The precinct register shall serve as the voter 259
992	992	identification certificate. The following form shall be 260
993	993	printed at the top of each page of the precinct register: 261 SB 738 26
994	994	[9.] 7. The secretary of state shall promulgate rules 274
995	995	to effectuate the provisions of this section. 275
996	996	[10.] 8. Any rule or portion of a rule, as that term 276
997	997	is defined in section 536.010, that is created under the 277
998	998	authority delegated in this section shall become effective 278
999	999	only if it complies with and is subject to all of the 279
1000	1000	provisions of chapter 536 and, if applicable, section 280
1001	1001	536.028. This section and chapter 536 are nonseverable and 281
1002	1002	if any of the powers vested with the general assembly 282
1003	1003	pursuant to chapter 536 to review, to delay the effective 283
1004	1004	date or to disapprove and annul a rule are subsequently held 284
1005	1005	unconstitutional, then the grant of rulemaking authority and 285
1006	1006	any rule proposed or adopted after August 28, 2002, shall be 286
1007	1007	invalid and void. 287
1008	1008	[11.] 9. If any voter is unable to sign his name at 288
1009	1009	the appropriate place on the certificate or computer 289
1010	1010	printout, an election judge shall print the name and address 290
1011	1011	of the voter in the appropriate place on the precinct 291
1012	1012	register, the voter shall make his mark in lieu of 292
1013	1013	262 VOTER'S IDENTIFICATION CERTIFICATE
1014	1014	263
1015	1015	264
1016	1016	265
1017	1017	Warning: It is against the law for anyone to vote,
1018	1018	or attempt to vote, without having a lawful right
1019	1019	to vote.
1020	1020
1021	1021	266 PRECINCT
1022	1022	267 WARD OR TOWNSHIP ______
1023	1023	268 GENERAL (SPECIAL, PRIMARY) ELECTION
1024	1024	269 Held ______, 20______
1025	1025	270 Date
1026	1026	271
1027	1027	272
1028	1028	273
1029	1029	I hereby certify that I am qualified to vote at
1030	1030	this election by signing my name and verifying my
1031	1031	address by signing my initials next to my address.
1032	1032	SB 738 27
1033	1033	signature, and the voter's ma rk shall be witnessed by the 293
1034	1034	signature of an election judge. 294
1035	1035	[12. This section shall become effective only upon the 295
1036	1036	passage and approval by the voters of a constitutional 296
1037	1037	amendment submitted to them by the general assembly 297
1038	1038	regarding the authoriza tion of photo identification 298
1039	1039	requirements for elections by general law. If such 299
1040	1040	constitutional amendment is approved by the voters, this 300
1041	1041	section shall become effective June 1, 2017. ] 301
1042	1042	[115.302. 1. Any registered voter of this 1
1043	1043	state may cast a mail-in ballot as provided in 2
1044	1044	this section. Nothing in this section shall 3
1045	1045	prevent a voter from casting an absentee ballot, 4
1046	1046	provided such person has not cast a ballot 5
1047	1047	pursuant to this section. Application for a 6
1048	1048	mail-in ballot may be mad e by the applicant in 7
1049	1049	person, or by United States mail, or on behalf 8
1050	1050	of the applicant by his or her guardian or 9
1051	1051	relative within the second degree of 10
1052	1052	consanguinity or affinity. 11
1053	1053	2. Each application for a mail -in ballot 12
1054	1054	shall be made to the electio n authority of the 13
1055	1055	jurisdiction in which the person is registered. 14
1056	1056	Each application shall be in writing and shall 15
1057	1057	state the applicant's name, address at which he 16
1058	1058	or she is registered, the address to which the 17
1059	1059	ballot is to be mailed. 18
1060	1060	3. All applications for mail-in ballots 19
1061	1061	received prior to the sixth Tuesday before an 20
1062	1062	election shall be stored at the office of the 21
1063	1063	election authority until such time as the 22
1064	1064	applications are processed under section 23
1065	1065	115.281. No application for a mail -in ballot 24
1066	1066	received in the office of the election authority 25
1067	1067	after 5:00 p.m. on the second Wednesday 26
1068	1068	immediately prior to the election shall be 27
1069	1069	accepted by any election authority. 28
1070	1070	4. Each application for a mail -in ballot 29
1071	1071	shall be signed by the applicant or, if the 30
1072	1072	application is made by a guardian or relative 31
1073	1073	under this section, the application shall be 32
1074	1074	signed by the guardian or relative, who shall 33
1075	1075	note on the application his or her relationship 34
1076	1076	to the applicant. If an applicant, guardian, or 35
1077	1077	relative is blind, unable to read or write the 36
1078	1078	English language, or physically incapable of 37
1079	1079	signing the application, he or she shall sign by 38
1080	1080	mark that is witnessed by the signature of an 39
1081	1081	election official or person of his or her 40
1082	1082	choice. Knowingly making, deli vering, or 41 SB 738 28
1083	1083	mailing a fraudulent mail -in-ballot application 42
1084	1084	is a class one election offense. 43
1085	1085	5. Not later than the sixth Tuesday prior 44
1086	1086	to each election, or within fourteen days after 45
1087	1087	candidate names or questions are certified under 46
1088	1088	section 115.125, the election authority shall 47
1089	1089	cause to have printed and made available a 48
1090	1090	sufficient quantity of ballots, ballot 49
1091	1091	envelopes, and mailing envelopes. As soon as 50
1092	1092	possible after a proper official calls a special 51
1093	1093	state or county election, the election aut hority 52
1094	1094	shall cause to have printed and made available a 53
1095	1095	sufficient quantity of mail -in ballots, ballot 54
1096	1096	envelopes, and mailing envelopes. 55
1097	1097	6. Each ballot envelope shall bear a 56
1098	1098	statement in substantially the same form 57
1099	1099	described in subsection 9 of t his section. In 58
1100	1100	addition, any person providing assistance to the 59
1101	1101	mail-in voter shall include a signature on the 60
1102	1102	envelope identifying the person providing such 61
1103	1103	assistance under penalties of perjury. Persons 62
1104	1104	authorized to vote only for federal and 63
1105	1105	statewide offices shall also state their former 64
1106	1106	Missouri residence. 65
1107	1107	7. The statement for persons voting mail - 66
1108	1108	in ballots who are registered voters shall be in 67
1109	1109	substantially the following form: 68
1110	1110	69 State of Missouri
1111	1111	70 County (City) of _________
1112	1112	71
1113	1113	72
1114	1114	73
1115	1115	74
1116	1116	75
1117	1117	76
1118	1118	77
1119	1119	78
1120	1120	79
1121	1121	80
1122	1122	81
1123	1123	82
1124	1124	83
1125	1125	84
1126	1126	I, _________ (print name), a registered
1127	1127	voter of _________ County (City of St.
1128	1128	Louis, Kansas City), declare under the
1129	1129	penalties of perjury that: I am qualified
1130	1130	to vote at this election; I have not voted
1131	1131	and will not vote other than by this ballot
1132	1132	at this election. I further state that I
1133	1133	marked the enclosed ballot in secret or that
1134	1134	I am blind, unable to read or write English,
1135	1135	or physically incapable of marking the
1136	1136	ballot, and the person of my choosing
1137	1137	indicated below marked the ballot at my
1138	1138	direction; all of the information on this
1139	1139	statement is, to the best of my knowledge
1140	1140	and belief, true.
1141	1141
1142	1142	85 __________________ __________________
1143	1143	86 Signature of Voter Signature of Person
1144	1144	87 Assisting Voter
1145	1145	88 (if applicable)
1146	1146	89
1147	1147	90
1148	1148	Subscribed and sworn to before me this
1149	1149	_________ day of _________ , _________ .
1150	1150	SB 738 29
1151	1151	8. Upon receipt of a signed applicatio n 98
1152	1152	for a mail-in ballot and if satisfied that the 99
1153	1153	applicant is entitled to vote by mail -in ballot, 100
1154	1154	the election authority shall, within three 101
1155	1155	working days after receiving the application, 102
1156	1156	or, if mail-in ballots are not available at the 103
1157	1157	time the application is received, within five 104
1158	1158	working days after such ballots become 105
1159	1159	available, deliver to the voter a mail -in 106
1160	1160	ballot, ballot envelope and such instructions as 107
1161	1161	are necessary for the applicant to vote. If the 108
1162	1162	election authority is not satisfied that any 109
1163	1163	applicant is entitled to vote by mail -in ballot, 110
1164	1164	the authority shall not deliver a mail -in ballot 111
1165	1165	to the applicant. Within three working days of 112
1166	1166	receiving such an application, the election 113
1167	1167	authority shall notify the applicant and state 114
1168	1168	the reason he or she is not entitled to vote by 115
1169	1169	mail-in ballot. The applicant may file a 116
1170	1170	complaint with the elections division of the 117
1171	1171	secretary of state's office under section 118
1172	1172	115.219. 119
1173	1173	9. On the mailing and ballot envelopes for 120
1174	1174	each covered voter, the e lection authority shall 121
1175	1175	stamp the words "ELECTION BALLOT, STATE OF 122
1176	1176	MISSOURI" and "U.S. Postage Paid, 39 U.S.C. 123
1177	1177	Section 3406". 124
1178	1178	10. No information which encourages a vote 125
1179	1179	for or against a candidate or issue shall be 126
1180	1180	provided to any voter with a ma il-in ballot. 127
1181	1181	11. Upon receiving a mail -in ballot by 128
1182	1182	mail, the voter shall mark the ballot in secret, 129
1183	1183	place the ballot in the ballot envelope, seal 130
1184	1184	the envelope and fill out the statement on the 131
1185	1185	ballot envelope. The statement required under 132
1186	1186	subsection 7 of this section shall be subscribed 133
1187	1187	and sworn to before a notary public or other 134
1188	1188	officer authorized by law to administer oaths. 135
1189	1189	If the voter is blind, unable to read or write 136
1190	1190	the English language, or physically incapable of 137
1191	1191	voting the ballot, the voter may be assisted by 138
1192	1192	a person of the voter's own choosing. Any 139
1193	1193	person who assists a voter and in any manner 140
1194	1194	91 __________________
1195	1195	92
1196	1196	93
1197	1197	Signature of notary or other officer
1198	1198	authorized to administer oaths.
1199	1199
1200	1200	94 ______________
1201	1201	95 ______________
1202	1202	96 Mailing addresses
1203	1203	97 (if different) SB 738 30
1204	1204	coerces or initiates a request or suggestion 141
1205	1205	that the voter vote for or against, or refrain 142
1206	1206	from voting on, any question or candida te, shall 143
1207	1207	be guilty of a class one election offense. If, 144
1208	1208	upon counting, challenge, or election contest, 145
1209	1209	it is ascertained that any mail -in ballot was 146
1210	1210	voted with unlawful assistance, the ballot shall 147
1211	1211	be rejected. 148
1212	1212	12. Each mail-in ballot shall be returned 149
1213	1213	to the election authority in the ballot envelope 150
1214	1214	and shall only be returned by the voter by 151
1215	1215	United States mail. 152
1216	1216	13. The secretary of state may prescribe 153
1217	1217	uniform regulations with respect to the printing 154
1218	1218	of ballot envelopes and mailing e nvelopes, which 155
1219	1219	shall comply with standards established by 156
1220	1220	federal law or postal regulations. Mailing 157
1221	1221	envelopes for use in returning ballots shall be 158
1222	1222	printed with business reply permits so that any 159
1223	1223	ballot returned by mail does not require 160
1224	1224	postage. All fees and costs for establishing 161
1225	1225	and maintaining the business reply and postage - 162
1226	1226	free mail for all ballots cast shall be paid by 163
1227	1227	the secretary of state through state 164
1228	1228	appropriations. 165
1229	1229	14. All votes on each mail -in ballot 166
1230	1230	received by an election authority at or before 167
1231	1231	the time fixed by law for the closing of the 168
1232	1232	polls on election day shall be counted. No 169
1233	1233	votes on any mail-in ballot received by an 170
1234	1234	election authority after the time fixed by law 171
1235	1235	for the closing of the polls on election day 172
1236	1236	shall be counted. 173
1237	1237	15. If sufficient evidence is shown to an 174
1238	1238	election authority that any mail -in voter has 175
1239	1239	died prior to the opening of the polls on 176
1240	1240	election day, the ballot of the deceased voter 177
1241	1241	shall be rejected if it is still sealed in the 178
1242	1242	ballot envelope. Any such rejected ballot, 179
1243	1243	still sealed in its ballot envelope, shall be 180
1244	1244	sealed with the application and any other papers 181
1245	1245	connected therewith in an envelope marked 182
1246	1246	"Rejected ballot of _________ , a mail -in voter 183
1247	1247	of _________ voting district". The reason for 184
1248	1248	rejection shall be noted on the envelope, which 185
1249	1249	shall be kept by the election authority with the 186
1250	1250	other ballots from the election until the 187
1251	1251	ballots are destroyed according to law. 188
1252	1252	16. As each mail-in ballot is received by 189
1253	1253	the election authority, the election authority 190
1254	1254	shall indicate its receipt on the list. 191
1255	1255	17. All mail-in ballot envelopes received 192
1256	1256	by the election authority shall be kept together 193
1257	1257	in a safe place and shall not be opened except 194
1258	1258	as provided under this ch apter. 195 SB 738 31
1259	1259	18. Mail-in ballots shall be counted using 196
1260	1260	the procedures set out in sections 115.297, 197
1261	1261	115.299, 115.300, and 115.303. 198
1262	1262	19. The false execution of a mail -in 199
1263	1263	ballot is a class one election offense. The 200
1264	1264	attorney general or any prosecuti ng or circuit 201
1265	1265	attorney shall have the authority to prosecute 202
1266	1266	such offense either in the county of residence 203
1267	1267	of the person or in the circuit court of Cole 204
1268	1268	County. 205
1269	1269	20. The provisions of this section shall 206
1270	1270	apply only to an election that occurs duri ng the 207
1271	1271	year 2020, to avoid the risk of contracting or 208
1272	1272	transmitting severe acute respiratory syndrome 209
1273	1273	coronavirus 2. 210
1274	1274	21. The provisions of this section 211
1275	1275	terminate and shall be repealed on December 31, 212
1276	1276	2020, and shall not apply to any election 213
1277	1277	conducted after that date. ] 214
1278	1278	