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. 780
101ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
4330S.01I ADRIANE D. CROUSE, Secretary
AN ACT
To repeal section 115.427, RSMo, and to enact in lieu thereof one new section relating to elections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 115.427, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 115.427, 2
to read as follows:3
115.427. 1. Persons seeking to vote i n a public 1
election shall establish their identity and eligibility to 2
vote at the polling place by presenting a form of personal 3
identification to election officials. No form of personal 4
identification other than the forms listed in this section 5
shall be accepted to establish a voter's qualifications to 6
vote. Forms of personal identification that satisfy the 7
requirements of this section are any one of the following: 8
(1) Nonexpired Missouri driver's license; 9
(2) Nonexpired or nonexpiring Missouri nondriver's 10
license; 11
(3) A document that satisfies all of the following 12
requirements: 13
(a) The document contains the name of the individual 14
to whom the document was issued, and the name substantially 15
conforms to the most recent sign ature in the individual's 16
voter registration record; 17
(b) The document shows a photograph of the individual; 18 SB 780 2
(c) The document includes an expiration date, and the 19
document is not expired, or, if expired, the document 20
expired after the date of the most recent general election; 21
and 22
(d) The document was issued by the United States or 23
the state of Missouri; or 24
(4) Any identification containing a photograph of the 25
individual which is issued by the Missouri National Guard, 26
the United States Armed Forces, or the United States 27
Department of Veteran Affairs to a member or former member 28
of the Missouri National Guard or the United States Armed 29
Forces and that is not expired or does not have an 30
expiration date. 31
2. (1) An individual who appears at a polling place 32
without a form of personal identification described in 33
subsection 1 of this section and who is otherwise qualified 34
to vote at that polling place [may execute a statement, 35
under penalty of perjury, averring that the in dividual is 36
the person listed in the precinct register; averring that 37
the individual does not possess a form of personal 38
identification described in subsection 1 of this section; 39
acknowledging that the individual is eligible to receive a 40
Missouri nondriver's license free of charge if desiring it 41
in order to vote; and acknowledging that the individual is 42
required to present a form of personal identification, as 43
described in subsection 1 of this section, in order to 44
vote. Such statement shall be exe cuted and sworn to before 45
the election official receiving the statement. Upon 46
executing such statement, the individual may cast a regular 47
ballot, provided such individual presents one of the 48
following forms of identification: 49 SB 780 3
(a) Identification issued by the state of Missouri, an 50
agency of the state, or a local election authority of the 51
state; 52
(b) Identification issued by the United States 53
government or agency thereof; 54
(c) Identification issued by an institution of higher 55
education, including a university, college, vocational and 56
technical school, located within the state of Missouri; 57
(d) A copy of a current utility bill, bank statement, 58
government check, paycheck, or other government document 59
that contains the name and ad dress of the individual; 60
(e) Other identification approved by the secretary of 61
state under rules promulgated pursuant to this section. 62
(2) For any individual who appears at a polling place 63
without a form of personal identification described i n 64
subsection 1 of this section and who is otherwise qualified 65
to vote at that polling place, the election authority may 66
take a picture of such individual and keep it as part of 67
that individual's voter registration file at the election 68
authority. 69
(3) Any individual who chooses not to execute the 70
statement described in subdivision (1) of this subsection 71
may cast a provisional ballot. Such provisional ballot 72
shall be counted, provided that it meets the requirements of 73
subsection 4 of this secti on. 74
(4) For the purposes of this section, the term 75
"election official" shall include any person working under 76
the authority of the election authority. 77
3. The statement to be used for voting under 78
subdivision (1) of subsection 2 of this secti on shall be 79
substantially in the following form: 80 SB 780 4
4. A voter] shall be allowed to cast a provisional 106
ballot under section 115.430 even if the election judges 107
cannot establish the voter's identity under this section. 108
The election judges shall make a notation on the provisional 109
ballot envelope to indicate that the voter's identity was 110
not verified. The provisional ballot cast by such voter 111
shall not be counted unless: 112
[(1) (a)] (2) The voter returns to the polling place 113
during the uniform polling hours established by section 114
81 "State of ______
82 County of ______
83
84
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86
87
88
89
90
91
92
93
94
95
96
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.
97
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99
I understand that knowingly providing false
information is a violation of law and subjects me
to possible criminal prosecution.
100 __________________
101 Signature of voter
102
103
Subscribed and affirmed before me this ______ day
of ______, 20______
104 __________________
105 Signature of election official" SB 780 5
115.407 and provides a form of personal identification that 115
allows the election judges to verify the voter's identity as 116
provided in subsection 1 of this section; [or 117
(b) The election authority verifies the identity of 118
the individual by comparing that individual's signature to 119
the signature on file with the election authority and 120
determines that the individual was eligible to cast a ballot 121
at the polling place where the ballot was cast; ] and 122
[(2)] (3) The provisional ballot otherwise qualifies 123
to be counted under section 115.430. 124
[5.] 3. The secretary of state shall provide advance 125
notice of the personal identification requirements of 126
subsection 1 of this section in a manner calculated to 127
inform the public generally of the requirement for forms of 128
personal identification as provided in this section. Such 129
advance notice shall in clude, at a minimum, the use of 130
advertisements and public service announcements in print, 131
broadcast television, radio, and cable television media, as 132
well as the posting of information on the opening pages of 133
the official state internet websites of the secretary of 134
state and governor. 135
[6.] 4. (1) Notwithstanding the provisions of section 136
136.055 and section 302.181 to the contrary, the state and 137
all fee offices shall provide one nondriver's license at no 138
cost to any otherwise qualified voter who does not already 139
possess such identification and who desires the 140
identification in order to vote. 141
(2) This state and its agencies shall provide one copy 142
of each of the following, free of charge, if needed by an 143
individual seeking to obtain a form of personal 144
identification described in subsection 1 of this section in 145
order to vote: 146 SB 780 6
(a) A birth certificate; 147
(b) A marriage license or certificate; 148
(c) A divorce decree; 149
(d) A certificate of decree of adoption; 150
(e) A court order changing the person's name; 151
(f) A Social Security card reflecting an updated name; 152
and 153
(g) Naturalization papers or other documents from the 154
United States Department of State proving citizenship. 155
Any individual seeking one of the above documents in order 156
to obtain a form of personal identification described in 157
subsection 1 of this section in order to vote may request 158
the secretary of state to facilitate the acquisition of such 159
documents. The secretary of state shall pay any f ee or fees 160
charged by another state or its agencies, or any court of 161
competent jurisdiction in this state or any other state, or 162
the federal government or its agencies, in order to obtain 163
any of the above documents from such state or the federal 164
government. 165
(3) All costs associated with the implementation of 166
this section shall be reimbursed from the general revenue of 167
this state by an appropriation for that purpose. If there 168
is not a sufficient appropriation of state funds, then the 169
personal identification requirements of subsection 1 of this 170
section shall not be enforced. 171
(4) Any applicant who requests a nondriver's license 172
for the purpose of voting shall not be required to pay a fee 173
if the applicant executes a statement, under pena lty of 174
perjury, averring that the applicant does not have any other 175
form of personal identification that meets the requirements 176
of this section. The state of Missouri shall pay the 177 SB 780 7
legally required fees for any such applicant. The director 178
of the department of revenue shall design a statement to be 179
used for this purpose. The total cost associated with 180
nondriver's license photo identification under this 181
subsection shall be borne by the state of Missouri from 182
funds appropriated to the department o f revenue for that 183
specific purpose. The department of revenue and a local 184
election authority may enter into a contract that allows the 185
local election authority to assist the department in issuing 186
nondriver's license photo identifications. 187
[7.] 5. The director of the department of revenue 188
shall, by January first of each year, prepare and deliver to 189
each member of the general assembly a report documenting the 190
number of individuals who have requested and received a 191
nondriver's license photo ide ntification for the purposes of 192
voting under this section. The report shall also include 193
the number of persons requesting a nondriver's license for 194
purposes of voting under this section, but not receiving 195
such license, and the reason for the denial of the 196
nondriver's license. 197
[8.] 6. The precinct register shall serve as the voter 198
identification certificate. The following form shall be 199
printed at the top of each page of the precinct register: 200
201 VOTER'S IDENTIFICATION CERTIFICATE
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203
204
Warning: It is against the law for anyone to vote,
or attempt to vote, without having a lawful right
to vote.
205 PRECINCT
206 WARD OR TOWNSHIP ______
207 GENERAL (SPECIAL, PRIMARY) ELECTION
208 Held ______, 20______ SB 780 8
[9.] 7. The secretary of state shall promulgate rules 213
to effectuate the provisions of this section. 214
[10.] 8. Any rule or portion of a rule, as that term 215
is defined in section 536.010, that is created under the 216
authority delegated in this section shall become effective 217
only if it complies with and is subject to all of the 218
provisions of chapter 536 and, if applicable, section 219
536.028. This section and chapter 536 are nonseverable and 220
if any of the powers vested with the general assembly 221
pursuant to chapter 536 to review, to delay the effective 222
date or to disapprove and annul a rule are subsequently held 223
unconstitutional, then the grant of rulemaking authority and 224
any rule proposed or adopted after August 28, 2002, sha ll be 225
invalid and void. 226
[11.] 9. If any voter is unable to sign his name at 227
the appropriate place on the certificate or computer 228
printout, an election judge shall print the name and address 229
of the voter in the appropriate place on the precinct 230
register, the voter shall make his mark in lieu of 231
signature, and the voter's mark shall be witnessed by the 232
signature of an election judge. 233
[12. This section shall become effective only upon the 234
passage and approval by the voters of a constitution al 235
amendment submitted to them by the general assembly 236
regarding the authorization of photo identification 237
requirements for elections by general law. If such 238
209 Date
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211
212
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 780 9
constitutional amendment is approved by the voters, this 239
section shall become effective June 1, 2017.] 240