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Missouri Senate Bill SB780

Missouri 2022 Regular Session

Missouri Senate Bill SB780 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 SECOND REGULAR SESSION
55 SENATE BILL NO. 780
66 101ST GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR MOON.
88 4330S.01I ADRIANE D. CROUSE, Secretary
99 AN ACT
1010 To repeal section 115.427, RSMo, and to enact in lieu thereof one new section relating to elections.
1111
1212 Be it enacted by the General Assembly of the State of Missouri, as follows:
1313 Section A. Section 115.427, RSMo, is repealed and one new 1
1414 section enacted in lieu thereof, to be known as section 115.427, 2
1515 to read as follows:3
1616 115.427. 1. Persons seeking to vote i n a public 1
1717 election shall establish their identity and eligibility to 2
1818 vote at the polling place by presenting a form of personal 3
1919 identification to election officials. No form of personal 4
2020 identification other than the forms listed in this section 5
2121 shall be accepted to establish a voter's qualifications to 6
2222 vote. Forms of personal identification that satisfy the 7
2323 requirements of this section are any one of the following: 8
2424 (1) Nonexpired Missouri driver's license; 9
2525 (2) Nonexpired or nonexpiring Missouri nondriver's 10
2626 license; 11
2727 (3) A document that satisfies all of the following 12
2828 requirements: 13
2929 (a) The document contains the name of the individual 14
3030 to whom the document was issued, and the name substantially 15
3131 conforms to the most recent sign ature in the individual's 16
3232 voter registration record; 17
3333 (b) The document shows a photograph of the individual; 18 SB 780 2
3434 (c) The document includes an expiration date, and the 19
3535 document is not expired, or, if expired, the document 20
3636 expired after the date of the most recent general election; 21
3737 and 22
3838 (d) The document was issued by the United States or 23
3939 the state of Missouri; or 24
4040 (4) Any identification containing a photograph of the 25
4141 individual which is issued by the Missouri National Guard, 26
4242 the United States Armed Forces, or the United States 27
4343 Department of Veteran Affairs to a member or former member 28
4444 of the Missouri National Guard or the United States Armed 29
4545 Forces and that is not expired or does not have an 30
4646 expiration date. 31
4747 2. (1) An individual who appears at a polling place 32
4848 without a form of personal identification described in 33
4949 subsection 1 of this section and who is otherwise qualified 34
5050 to vote at that polling place [may execute a statement, 35
5151 under penalty of perjury, averring that the in dividual is 36
5252 the person listed in the precinct register; averring that 37
5353 the individual does not possess a form of personal 38
5454 identification described in subsection 1 of this section; 39
5555 acknowledging that the individual is eligible to receive a 40
5656 Missouri nondriver's license free of charge if desiring it 41
5757 in order to vote; and acknowledging that the individual is 42
5858 required to present a form of personal identification, as 43
5959 described in subsection 1 of this section, in order to 44
6060 vote. Such statement shall be exe cuted and sworn to before 45
6161 the election official receiving the statement. Upon 46
6262 executing such statement, the individual may cast a regular 47
6363 ballot, provided such individual presents one of the 48
6464 following forms of identification: 49 SB 780 3
6565 (a) Identification issued by the state of Missouri, an 50
6666 agency of the state, or a local election authority of the 51
6767 state; 52
6868 (b) Identification issued by the United States 53
6969 government or agency thereof; 54
7070 (c) Identification issued by an institution of higher 55
7171 education, including a university, college, vocational and 56
7272 technical school, located within the state of Missouri; 57
7373 (d) A copy of a current utility bill, bank statement, 58
7474 government check, paycheck, or other government document 59
7575 that contains the name and ad dress of the individual; 60
7676 (e) Other identification approved by the secretary of 61
7777 state under rules promulgated pursuant to this section. 62
7878 (2) For any individual who appears at a polling place 63
7979 without a form of personal identification described i n 64
8080 subsection 1 of this section and who is otherwise qualified 65
8181 to vote at that polling place, the election authority may 66
8282 take a picture of such individual and keep it as part of 67
8383 that individual's voter registration file at the election 68
8484 authority. 69
8585 (3) Any individual who chooses not to execute the 70
8686 statement described in subdivision (1) of this subsection 71
8787 may cast a provisional ballot. Such provisional ballot 72
8888 shall be counted, provided that it meets the requirements of 73
8989 subsection 4 of this secti on. 74
9090 (4) For the purposes of this section, the term 75
9191 "election official" shall include any person working under 76
9292 the authority of the election authority. 77
9393 3. The statement to be used for voting under 78
9494 subdivision (1) of subsection 2 of this secti on shall be 79
9595 substantially in the following form: 80 SB 780 4
9696 4. A voter] shall be allowed to cast a provisional 106
9797 ballot under section 115.430 even if the election judges 107
9898 cannot establish the voter's identity under this section. 108
9999 The election judges shall make a notation on the provisional 109
100100 ballot envelope to indicate that the voter's identity was 110
101101 not verified. The provisional ballot cast by such voter 111
102102 shall not be counted unless: 112
103103 [(1) (a)] (2) The voter returns to the polling place 113
104104 during the uniform polling hours established by section 114
105105 81 "State of ______
106106 82 County of ______
107107 83
108108 84
109109 85
110110 86
111111 87
112112 88
113113 89
114114 90
115115 91
116116 92
117117 93
118118 94
119119 95
120120 96
121121 I do solemnly swear (or affirm) that my name is
122122 ______; that I reside at ______; that I am the
123123 person listed in the precinct register under this
124124 name and at this address; and that, under penalty
125125 of perjury, I do not possess a form of personal
126126 identification approved for voting. As a person
127127 who does not possess a form of personal
128128 identification approved for voting, I acknowledge
129129 that I am eligible to receive free of charge a
130130 Missouri nondriver's license at any fee office if
131131 desiring it in order to vote. I furthermore
132132 acknowledge that I am required to present a form
133133 of personal identification, as prescribed by law,
134134 in order to vote.
135135
136136 97
137137 98
138138 99
139139 I understand that knowingly providing false
140140 information is a violation of law and subjects me
141141 to possible criminal prosecution.
142142
143143 100 __________________
144144 101 Signature of voter
145145 102
146146 103
147147 Subscribed and affirmed before me this ______ day
148148 of ______, 20______
149149
150150 104 __________________
151151 105 Signature of election official" SB 780 5
152152 115.407 and provides a form of personal identification that 115
153153 allows the election judges to verify the voter's identity as 116
154154 provided in subsection 1 of this section; [or 117
155155 (b) The election authority verifies the identity of 118
156156 the individual by comparing that individual's signature to 119
157157 the signature on file with the election authority and 120
158158 determines that the individual was eligible to cast a ballot 121
159159 at the polling place where the ballot was cast; ] and 122
160160 [(2)] (3) The provisional ballot otherwise qualifies 123
161161 to be counted under section 115.430. 124
162162 [5.] 3. The secretary of state shall provide advance 125
163163 notice of the personal identification requirements of 126
164164 subsection 1 of this section in a manner calculated to 127
165165 inform the public generally of the requirement for forms of 128
166166 personal identification as provided in this section. Such 129
167167 advance notice shall in clude, at a minimum, the use of 130
168168 advertisements and public service announcements in print, 131
169169 broadcast television, radio, and cable television media, as 132
170170 well as the posting of information on the opening pages of 133
171171 the official state internet websites of the secretary of 134
172172 state and governor. 135
173173 [6.] 4. (1) Notwithstanding the provisions of section 136
174174 136.055 and section 302.181 to the contrary, the state and 137
175175 all fee offices shall provide one nondriver's license at no 138
176176 cost to any otherwise qualified voter who does not already 139
177177 possess such identification and who desires the 140
178178 identification in order to vote. 141
179179 (2) This state and its agencies shall provide one copy 142
180180 of each of the following, free of charge, if needed by an 143
181181 individual seeking to obtain a form of personal 144
182182 identification described in subsection 1 of this section in 145
183183 order to vote: 146 SB 780 6
184184 (a) A birth certificate; 147
185185 (b) A marriage license or certificate; 148
186186 (c) A divorce decree; 149
187187 (d) A certificate of decree of adoption; 150
188188 (e) A court order changing the person's name; 151
189189 (f) A Social Security card reflecting an updated name; 152
190190 and 153
191191 (g) Naturalization papers or other documents from the 154
192192 United States Department of State proving citizenship. 155
193193 Any individual seeking one of the above documents in order 156
194194 to obtain a form of personal identification described in 157
195195 subsection 1 of this section in order to vote may request 158
196196 the secretary of state to facilitate the acquisition of such 159
197197 documents. The secretary of state shall pay any f ee or fees 160
198198 charged by another state or its agencies, or any court of 161
199199 competent jurisdiction in this state or any other state, or 162
200200 the federal government or its agencies, in order to obtain 163
201201 any of the above documents from such state or the federal 164
202202 government. 165
203203 (3) All costs associated with the implementation of 166
204204 this section shall be reimbursed from the general revenue of 167
205205 this state by an appropriation for that purpose. If there 168
206206 is not a sufficient appropriation of state funds, then the 169
207207 personal identification requirements of subsection 1 of this 170
208208 section shall not be enforced. 171
209209 (4) Any applicant who requests a nondriver's license 172
210210 for the purpose of voting shall not be required to pay a fee 173
211211 if the applicant executes a statement, under pena lty of 174
212212 perjury, averring that the applicant does not have any other 175
213213 form of personal identification that meets the requirements 176
214214 of this section. The state of Missouri shall pay the 177 SB 780 7
215215 legally required fees for any such applicant. The director 178
216216 of the department of revenue shall design a statement to be 179
217217 used for this purpose. The total cost associated with 180
218218 nondriver's license photo identification under this 181
219219 subsection shall be borne by the state of Missouri from 182
220220 funds appropriated to the department o f revenue for that 183
221221 specific purpose. The department of revenue and a local 184
222222 election authority may enter into a contract that allows the 185
223223 local election authority to assist the department in issuing 186
224224 nondriver's license photo identifications. 187
225225 [7.] 5. The director of the department of revenue 188
226226 shall, by January first of each year, prepare and deliver to 189
227227 each member of the general assembly a report documenting the 190
228228 number of individuals who have requested and received a 191
229229 nondriver's license photo ide ntification for the purposes of 192
230230 voting under this section. The report shall also include 193
231231 the number of persons requesting a nondriver's license for 194
232232 purposes of voting under this section, but not receiving 195
233233 such license, and the reason for the denial of the 196
234234 nondriver's license. 197
235235 [8.] 6. The precinct register shall serve as the voter 198
236236 identification certificate. The following form shall be 199
237237 printed at the top of each page of the precinct register: 200
238238 201 VOTER'S IDENTIFICATION CERTIFICATE
239239 202
240240 203
241241 204
242242 Warning: It is against the law for anyone to vote,
243243 or attempt to vote, without having a lawful right
244244 to vote.
245245
246246 205 PRECINCT
247247 206 WARD OR TOWNSHIP ______
248248 207 GENERAL (SPECIAL, PRIMARY) ELECTION
249249 208 Held ______, 20______ SB 780 8
250250 [9.] 7. The secretary of state shall promulgate rules 213
251251 to effectuate the provisions of this section. 214
252252 [10.] 8. Any rule or portion of a rule, as that term 215
253253 is defined in section 536.010, that is created under the 216
254254 authority delegated in this section shall become effective 217
255255 only if it complies with and is subject to all of the 218
256256 provisions of chapter 536 and, if applicable, section 219
257257 536.028. This section and chapter 536 are nonseverable and 220
258258 if any of the powers vested with the general assembly 221
259259 pursuant to chapter 536 to review, to delay the effective 222
260260 date or to disapprove and annul a rule are subsequently held 223
261261 unconstitutional, then the grant of rulemaking authority and 224
262262 any rule proposed or adopted after August 28, 2002, sha ll be 225
263263 invalid and void. 226
264264 [11.] 9. If any voter is unable to sign his name at 227
265265 the appropriate place on the certificate or computer 228
266266 printout, an election judge shall print the name and address 229
267267 of the voter in the appropriate place on the precinct 230
268268 register, the voter shall make his mark in lieu of 231
269269 signature, and the voter's mark shall be witnessed by the 232
270270 signature of an election judge. 233
271271 [12. This section shall become effective only upon the 234
272272 passage and approval by the voters of a constitution al 235
273273 amendment submitted to them by the general assembly 236
274274 regarding the authorization of photo identification 237
275275 requirements for elections by general law. If such 238
276276 209 Date
277277 210
278278 211
279279 212
280280 I hereby certify that I am qualified to vote at
281281 this election by signing my name and verifying my
282282 address by signing my initials next to my address.
283283 SB 780 9
284284 constitutional amendment is approved by the voters, this 239
285285 section shall become effective June 1, 2017.] 240
286286