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
[PERFECTED]
SENATE SUBSTITUTE FOR
SENATE BILL NO. 812
101ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR EIGEL.
4164S.04P ADRIANE D. CROUSE, Secretary
AN ACT
To repeal sections 115.151, 115.160, 115.277, 115.283, 115.285, 115.291, 115.302, 115.652,
115.960, and 116.160, RSMo, and to enact in lieu thereof nine new sections relating to
elections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.151, 115.160, 115.277, 115.283, 1
115.285, 115.291, 115.302, 115.652, 115.960, and 116.160, RSMo, 2
are repealed and nine new sections enacted in lieu thereof, to 3
be known as sections 115.151, 115.160, 115.277, 115.283, 4
115.285, 115.291, 115.652, 115.960, and 116.160, to read as 5
follows:6
115.151. 1. Each qualified applicant who appears 1
before the election authority shall be deemed registered as 2
of the time the applicant's completed, signed and sworn 3
registration application is witnessed by the election 4
authority or deputy registration official. 5
2. Each applicant who registers by mail shall be 6
deemed to be registered as of the date the application is 7
postmarked, if such application is accepted and not rejected 8
by the election authority and the verification notice 9
required pursuant to section 115.155 is not returned as 10
undeliverable by the postal service. 11 SS SB 812 2
3. Each applicant who registers at a voter 12
registration agency or the division of motor vehicle and 13
drivers licensing of the department of revenue shall be 14
deemed to be registered as of the date the application is 15
signed by the applicant, if such application is accepted and 16
not rejected by the election authority and the verification 17
notice required pursuant to section 115.155 is not returned 18
as undeliverable by the postal service. Voter registration 19
agencies [and the division of motor vehicle and drivers 20
licensing of the department of revenue ] shall transmit voter 21
registration application forms to the appropriate election 22
authority not later than five business days after the form 23
is completed by the applicant. 24
115.160. 1. All Missouri driver's license applicants 1
shall receive a voter registration application form as a 2
simultaneous part of the application for a driver's license, 3
renewal of driver's license, change of address, duplicate 4
request and a nondriver's license. 5
2. If a single application form is used, the voter 6
registration application portion of any application 7
described in subsection 1 of this section may not require 8
any information that duplicates information required in the 9
driver's license portion of the form, except a second 10
signature or other information required by law. 11
3. After conferring with the secretary of state as the 12
chief state election official responsible for overseeing of 13
the voter registration process, the director of revenue 14
shall adopt rules and regulations pertaining to the format 15
of the voter registration application used by the 16
department. The director of revenue shall utilize 17
electronic voter registration application forms and provide 18
for secure electronic transfer of voter registration 19 SS SB 812 3
information to election authorities. The secretary of state 20
and the director of revenue shall ensure the confidentiality 21
and integrity of the voter registration data collected, 22
maintained, received, or transmitted under this section. 23
4. No information relating to the failure of an 24
applicant for a driver's license or nondriver's license to 25
sign a voter registration application may be use d for any 26
purpose other than voter registration. 27
5. Any voter registration application received 28
pursuant to the provisions of this section shall be 29
forwarded, in a secure and electronic manner, to the 30
election authority located within that county or any city 31
not within a county, or if there is more than one election 32
authority within the county, then to the election authority 33
located nearest to the location where the driver's license 34
application was received. Voter registration information, 35
including an electronic image of the signature of the 36
applicant, shall be transmitted in a format compatible with 37
the Missouri voter registration system established in 38
section 115.158 which allows for review by the election 39
authority and does not requir e the election authority to 40
manually reenter the information, provided that the election 41
authority shall print out a paper copy of the information 42
and retain such information in the manner required by 43
section 115.145. The election authority receiving the 44
application forms shall review the applications and forward , 45
in a secure and electronic manner, any applications 46
pertaining to a different election authority to that 47
election authority. 48
6. A completed voter registration application accepted 49
in the driver's licensing process shall be transmitted to 50
the election authority described in subsection 5 of this 51 SS SB 812 4
section not later than [five] three business days after the 52
form is completed by the applicant. 53
7. Any person registering to vote wh en applying for or 54
renewing a Missouri driver's license shall submit with the 55
application form a copy of a birth certificate, a Native 56
American tribal document, or other proof of United States 57
citizenship, a valid Missouri driver's license, or other 58
form of personal identification. Any person who, at the 59
time of a transaction with the division of motor vehicle and 60
drivers licensing of the department of revenue, provides a 61
document that establishes non -citizenship shall not be 62
offered the opportuni ty to register to vote as part of the 63
transaction. 64
115.277. 1. Except as provided in subsections 2, 3, 1
4, and 5 of this section, any registered voter of this state 2
may vote by absentee ballot for all candidates and issues 3
for which such voter would be eligible to vote at the 4
polling place if such voter expects to be prevented from 5
going to the polls to vote on election day due to: 6
(1) Absence on election day from the jurisdiction of 7
the election authority in which such vote r is registered to 8
vote; 9
(2) Incapacity or confinement due to illness or 10
physical disability, including a person who is primarily 11
responsible for the physical care of a person who is 12
incapacitated or confined due to illness or disability; 13
(3) Religious belief or practice; 14
(4) Employment as an election authority, as a member 15
of an election authority, or by an election authority at a 16
location other than such voter's polling place; 17
(5) Incarceration, provided all qualifications fo r 18
voting are retained; or 19 SS SB 812 5
(6) Certified participation in the address 20
confidentiality program established under sections 589.660 21
to 589.681 because of safety concerns [; or 22
(7) For an election that occurs during the year 2020, 23
the voter has contracted or is in an at -risk category for 24
contracting or transmitting severe acute respiratory 25
syndrome coronavirus 2. This subdivision shall expire on 26
December 31, 2020]. 27
2. Any covered voter who is eligible to register and 28
vote in this state may vote in any election for federal 29
office, statewide office, state legislative office, or 30
statewide ballot initiatives by submitting a federal 31
postcard application to apply to vote by absentee ballot or 32
by submitting a federal postcard application at the polling 33
place even though the person is not registered. A federal 34
postcard application submitted by a covered voter pursuant 35
to this subsection shall also serve as a voter registration 36
application under section 115.908 and the election authority 37
shall, if satisfied that the applicant is entitled to 38
register, place the voter's name on the voter registration 39
file. Each covered voter may vote by absentee ballot or, 40
upon submitting an affidavit that the person is qualified to 41
vote in the election, may vote at the person's polling place. 42
3. Any interstate former resident may vote by absentee 43
ballot for presidential and vice presidential electors. 44
4. Any intrastate new resident may vote by absentee 45
ballot at the election for president ial and vice 46
presidential electors, United States senator, representative 47
in Congress, statewide elected officials and statewide 48
questions, propositions and amendments from such resident's 49
new jurisdiction of residence after registering to vote in 50
such resident's new jurisdiction of residence. 51 SS SB 812 6
5. Any new resident may vote by absentee ballot for 52
presidential and vice presidential electors after 53
registering to vote in such resident's new jurisdiction of 54
residence. 55
[6. For purposes of this section, the voters who are 56
in an at-risk category for contracting or transmitting 57
severe acute respiratory syndrome coronavirus 2 are voters 58
who: 59
(1) Are sixty-five years of age or older; 60
(2) Live in a long-term care facility licensed under 61
chapter 198; 62
(3) Have chronic lung disease or moderate to severe 63
asthma; 64
(4) Have serious heart conditions; 65
(5) Are immunocompromised; 66
(6) Have diabetes; 67
(7) Have chronic kidney disease and are undergoing 68
dialysis; or 69
(8) Have liver disease.] 70
115.283. 1. Each ballot envelope shall bear a 1
statement on which the voter shall state the voter's name, 2
the voter's voting address, the voter's mailing address and 3
the voter's reason for voting an absente e ballot. If the 4
reason for the voter voting absentee is due to the reasons 5
established under subdivision (6) of subsection 1 of section 6
115.277, the voter shall state the voter's identification 7
information provided by the address confidentiality prog ram 8
in lieu of the applicant's name, voting address, and mailing 9
address. On the form, the voter shall also state under 10
penalties of perjury that the voter is qualified to vote in 11
the election, that the voter has not previously voted and 12
will not vote again in the election, that the voter has 13 SS SB 812 7
personally marked the voter's ballot in secret or supervised 14
the marking of the voter's ballot if the voter is unable to 15
mark it, that the ballot has been placed in the ballot 16
envelope and sealed by the voter or under the voter's 17
supervision if the voter is unable to seal it, and that all 18
information contained in the statement is true. In 19
addition, any person providing assistance to the absentee 20
voter shall include a statement on the envelope identifying 21
the person providing assistance under penalties of perjury. 22
Persons authorized to vote only for federal and statewide 23
officers shall also state their former Missouri residence. 24
2. The statement for persons voting absentee ballots 25
who are registered voters shall be in substantially the 26
following form: 27
28 State of Missouri
29 County (City) of _______________
30
31
32
33
34
I, ______ (print name), a registered voter of
______ County (City of St. Louis, Kansas City),
declare under the penalties of perjury that I
expect to be prevented from going to the polls on
election day due to (check one):
35
36
37
______ absence on election day from the
jurisdiction of the election authority in
which I am registered;
38
39
40
41
______ incapacity or confinement due to illness
or physical disability, including caring
for a person who is incapacitated or
confined due to illness or disability;
42 ______ religious belief or practice;
43
44
45
______ employment as an election authority or by
an election authority at a location other
than my polling place;
SS SB 812 8
3. The statement for persons voting absentee ballots 78
pursuant to the provisions of subsection 2, 3, 4, or 5 of 79
46
47
48
______ incarceration, although I have retained
all the necessary qualifications for
voting;
49
50
51
52
______ certified participation in the address
confidentiality program established under
sections 589.660 to 589.681 because of
safety concerns.
53
54
55
56
57
58
59
60
61
62
63
I hereby state under penalties of perjury that I am
qualified to vote at this e lection; I have not
voted and will not vote other than by this ballot
at this election. I further state that I marked the
enclosed ballot in secret or that I am blind,
unable to read or write English, or physically
incapable of marking the ballot, and the person of
my choosing indicated below marked the ballot at my
direction; all of the information on this statement
is, to the best of my knowledge and belief, true.
64 __________________ __________________
65 Signature of Voter Signature of Person
66 Assisting Voter
67 (if applicable)
68 Signed ______ Subscribed and sworn
69 Signed ______ to before me this
70
71
Address of Voter ______day of ______,
______
72 __________________ __________________
73 __________________ __________________
74 Mailing addresses Signature of notary or
75 (if different) other officer
76 authorized to
77 administer oaths SS SB 812 9
section 115.277 without being registered shall be in 80
substantially the following form: 81
82 State of Missouri
83 County (City) of ______
84
85
86
87
88
89
90
91
92
93
I, ______ (print name), declare under the penalties
of perjury that I am a citizen of the United States
and eighteen years of age or older. I am not
adjudged incapacitated by any court of law, an d if
I have been convicted of a felony or of a
misdemeanor connected with the right of suffrage, I
have had the voting disabilities resulting from
such conviction removed pursuant to law. I hereby
state under penalties of perjury that I am
qualified to vote at this election.
94 I am (check one):
95
96
97
98
99
______ a resident of the state of Missouri and a
registered voter in ______ County and
moved from that county to ______ County,
Missouri, after the last day to register
to vote in this election.
100
101
102
______ an interstate former resident of Missouri
and authorized to vote for presidential
and vice presidential electors.
103
104
105
106
107
108
109
110
111
I further state under penalties of perjury that I
have not voted and will not vote other than by th is
ballot at this election; I marked the enclosed
ballot in secret or am blind, unable to read or
write English, or physically incapable of marking
the ballot, and the person of my choosing indicated
below marked the ballot at my direction; all of the
information on this statement is, to the best of my
knowledge and belief, true.
112 __________________ Subscribed to and
113 Signature of Voter sworn before me this
114 ______ day of
115 ______, ______ SS SB 812 10
4. The statement for persons voting absentee ballots 130
who are entitled to vote at the election pursuant to the 131
provisions of subsection 2 of section 115.137 shall be in 132
substantially the following form: 133
116 __________________
117 __________________ __________________
118 Address of Voter Signature of notary or
119 other officer
120 authorized to
121 administer oaths
122 __________________ __________________
123
124
Mailing Address (if
different)
__________________
125 __________________
126 __________________ __________________
127 Signature of Person Address of Last
128 Assisting Voter Missouri Residence
129 (if applicable)
134 State of Missouri
135 County (City) of ______
136
137
138
139
I, ______ (print name), declare under the penalties
of perjury that I expect to be prevented from going
to the polls on election day due to (check one):
140
141
142
______ absence on election day from the
jurisdiction of the election authority in
which I am directed to vote;
143
144
145
146
______ incapacity or confinement due to illness
or physical disability, including caring
for a person who is incapacitated or
confined due to illness or disability;
SS SB 812 11
147 ______ religious belief or practice;
148
149
150
______ employment as an election authority or by
an election authority at a location other
than my polling place;
151
152
153
______ incarceration, although I have retained
all the necessary qualifications of
voting;
154
155
156
157
______ certified participation in the address
confidentiality program established under
sections 589.660 to 589.681 because of
safety concerns.
158
159
160
161
162
163
164
165
166
167
168
169
I hereby state under penalties of perjury that I
own property in the ______ district and am
qualified to vote at this election; I have not
voted and will not vote other than by this ballot
at this election. I further state that I marked the
enclosed ballot in secret or that I am blind,
unable to read and write English, or physically
incapable of marking the ballot, and the person of
my choosing indicated below marked the ballot at my
direction; all of the i nformation on this statement
is, to the best of my knowledge and belief, true.
170 __________________ Subscribed and sworn
171 Signature of Voter to before me this
172 ______ day of
173 ______, ______
174 __________________
175 __________________ __________________
176 Address Signature of notary or
177 other officer
178 authorized to
179 administer oaths
180 __________________
181 Signature of Person SS SB 812 12
5. The statement for persons providing assistance to 184
absentee voters shall be in substantially the following form: 185
6. [The election authority shall, for an election held 203
during 2020, adjust the forms described in this section to 204
account for voters voting absentee due to the reason 205
established pursuant to subdivision (7) of subsection 1 of 206
section 115.277. 207
7.] Notwithstanding any other provision of this 208
section, any covered voter as defined in section 115.902 or 209
persons who have declared themselves to be permanently 210
disabled pursuant to section 115.284, otherwise entitled to 211
182 Assisting Voter
183 (if applicable)
186
187
188
189
190
191
192
193
194
195
196
The voter needed assistance in marking the ballot
and signing above, because of blindness, other
physical disability, or inability to read or to
read English. I marked the ballot enclosed in this
envelope at the voter's direction, when I was
alone with the voter, and I had no other
communication with the voter as to how he or she
was to vote. The voter swore or affirmed the voter
affidavit above and I then signed the voter's name
and completed the other voter information above.
Signed under the penalties of perjury.
197 Reason why voter needed assistance: ______
198 ASSISTING PERSON SIGN HERE
199 1. ______ (signature of assisting person)
200 2. ______ (assisting person's name printed)
201 3. ______ (assisting person's residence)
202 4. ______ (assisting person's home city or town). SS SB 812 13
vote, shall not be required to obtain a notary seal or 212
signature on his or her absentee ballot. 213
[8.] 7. Notwithstanding any other provision of this 214
section or section 115.291 to the contrary, the 215
subscription, signature and seal of a notary or other 216
officer authorized to administer oaths shall not be required 217
on any ballot, ballot envelope, or statement required by 218
this section if the reason for the voter voting absentee is 219
due to the reasons established pursuant to subdivision (2) 220
[or (7)] of subsection 1 of section 115.277. 221
[9.] 8. No notary shall charge or collect a fee for 222
notarizing the signature on any absentee ballot or absentee 223
voter registration. 224
[10.] 9. A notary public who charges more than the 225
maximum fee specified or who charges or collects a fee for 226
notarizing the signature on any absentee ballot or absentee 227
voter registration is guilty of official misconduct. 228
115.285. The secretary of state may prescribe uniform 1
regulations with respect to the printing of ballot envelopes 2
and mailing envelopes, which shall comply with standards 3
established by federal law or postal regulations. Mailing 4
envelopes for use in returning ballots shall be printed with 5
business reply permits so that any ballot returned by mail 6
does not require postage. All fees and costs for 7
establishing and maintaining the business reply and postage - 8
free mail for all ba llots cast shall be paid by the 9
secretary of state through state appropriations. 10
[Notwithstanding any provision of law to the contrary, a 11
ballot envelope used under section 115.302 shall be the same 12
ballot envelope used for absentee ballots, provided an 13
option shall be listed on the envelope to clearly indicate 14 SS SB 812 14
whether the voter is casting an absentee ballot or a mail -in 15
ballot.] 16
115.291. 1. Upon receiving an absentee ballot by 1
mail, the voter shall mark the ballot in secret, p lace the 2
ballot in the ballot envelope, seal the envelope and fill 3
out the statement on the ballot envelope. The affidavit of 4
each person voting an absentee ballot shall be subscribed 5
and sworn to before the election official receiving the 6
ballot, a notary public or other officer authorized by law 7
to administer oaths, unless the voter is voting absentee due 8
to incapacity or confinement due to the provisions of 9
section 115.284, illness or physical disability, [for an 10
election that occurs during the year 2020, the voter has 11
contracted or is in an at -risk category for contracting or 12
transmitting severe acute respiratory syndrome coronavirus 13
2, as defined in section 115.277, ] or the voter is a covered 14
voter as defined in section 115.902. If the voter is blind, 15
unable to read or write the English language, or physically 16
incapable of voting the ballot, the voter may be assisted by 17
a person of the voter's own choosing. Any person assisting 18
a voter who is not entitled to such assistance, and any 19
person who assists a voter and in any manner coerces or 20
initiates a request or a suggestion that the voter vote for 21
or against or refrain from voting on any question, ticket or 22
candidate, shall be guilty of a class one election offense. 23
If, upon counting, challenge or election contest, it is 24
ascertained that any absentee ballot was voted with unlawful 25
assistance, the ballot shall be rejected. [For purposes of 26
this subsection, the voters who are in an at -risk category 27
for contracting or transmittin g severe acute respiratory 28
syndrome coronavirus 2 are voters who: 29
(1) Sixty-five years of age or older; 30 SS SB 812 15
(2) Live in a long-term care facility licensed under 31
chapter 198; 32
(3) Have chronic lung disease or moderate to severe 33
asthma; 34
(4) Have serious heart conditions; 35
(5) Are immunocompromised; 36
(6) Have diabetes; 37
(7) Have chronic kidney disease and are undergoing 38
dialysis; or 39
(8) Have liver disease.] 40
2. Except as provided in subsection 4 of this section, 41
each absentee ballot that is not cast by the voter in person 42
in the office of the election authority shall be returned to 43
the election authority in the ballot envelope and shall only 44
be returned by the voter in person, or in person by a 45
relative of the voter who is within the second degree of 46
consanguinity or affinity, by mail or registered carrier or 47
by a team of deputy election authorities; except that 48
covered voters, when sent from a location determined by the 49
secretary of state to be inaccessi ble on election day, shall 50
be allowed to return their absentee ballots cast by use of 51
facsimile transmission or under a program approved by the 52
Department of Defense for electronic transmission of 53
election materials. 54
3. In cases of an emergency d eclared by the President 55
of the United States or the governor of this state where the 56
conduct of an election may be affected, the secretary of 57
state may provide for the delivery and return of absentee 58
ballots by use of a facsimile transmission device o r 59
system. Any rule promulgated pursuant to this subsection 60
shall apply to a class or classes of voters as provided for 61
by the secretary of state. 62 SS SB 812 16
4. No election authority shall refuse to accept and 63
process any otherwise valid marked absentee bal lot submitted 64
in any manner by a covered voter solely on the basis of 65
restrictions on envelope type. 66
115.652. [1.] An election shall not be conducted 1
under sections 115.650 to 115.660 unless: 2
(1) The officer or agency calling the election submits 3
a written request that the election be conducted by mail. 4
Such request shall be submitted not later than the date 5
specified in section 115.125 for submission of the notice of 6
election and sample ballot; 7
(2) The election authority responsible for conducting 8
the election authorizes the use of mailed ballots for the 9
election; 10
(3) The election is nonpartisan; 11
(4) The election is not one at which any candidate is 12
elected, retained or recalled; and 13
(5) The election is an issue election at which all of 14
the qualified voters of any one political subdivision are 15
the only voters eligible to vote. 16
[2. Notwithstanding the provisions of subsection 1 of 17
this section or any other provision of law to the contrary, 18
an election may be conducted by mail as authorized under 19
section 115.302, during the year 2020, to avoid the risk of 20
contracting or transmitting severe acute respiratory 21
syndrome coronavirus 2. This subsection shall expire 22
December 31, 2020.] 23
115.960. 1. An election authority is authorized to 1
accept voter registration applications with a signature 2
submitted to the election authority under the provisions of 3
sections 432.200 to 432.295 as provided in this section: 4 SS SB 812 17
(1) Sections 432.200 to 432.295 shall only apply to 5
transactions between parties that have agreed to conduct 6
transactions by electronic means; 7
(2) [Except as provided in subsection 2 of this 8
section,] As used in this section and sections 432.200 to 9
432.295, the parties who agree to conduct voter registration 10
transactions by electronic means shall be the local election 11
authority who is required to accept or reject a voter 12
registration application and the prospective voter 13
submitting the applicat ion; 14
(3) A local election authority is authorized to 15
develop, maintain, and approve systems that transmit voter 16
registration applications electronically under sections 17
432.200 to 432.295; 18
(4) Except as provided in [subsection 2 of this ] 19
section 115.160, no officer, agency, or organization shall 20
collect or submit a voter registration application with an 21
electronic signature to an election authority without first 22
obtaining approval of the data and signature format from the 23
local election authority and the approval of the voter to 24
collect and store the signature and data; and 25
(5) Local election authorities who maintain a voter 26
registration application system shall direct voter 27
registration applicants from other jurisdictions to the 28
system used by the local election authority for that 29
jurisdiction to accept voter registration applications 30
electronically. 31
2. [A system maintained by the secretary of state's 32
office shall be used to accept voter registration 33
applications electronically subsequent to approval from the 34
committee formed as set forth in this subsection: 35 SS SB 812 18
(1) Within thirty days of, but in no event prior to 36
January 1, 2017, the president of the Missouri Association 37
of County Clerks and Election Authorities sha ll appoint 38
fourteen of its members to serve on a committee to approve 39
and develop uniform standards, systems, and modifications 40
that shall be used by the secretary of state in any 41
electronic voter registration application system offered by 42
that office. The committee may also make recommendations 43
regarding the purchase, maintenance, integration, and 44
operation of electronic databases, software, and hardware 45
used by local election authorities and the secretary of 46
state's office including, but not lim ited to, systems used 47
for military and overseas voting and for building and 48
conducting election operations. The committee shall have 49
fourteen local election authorities, including 50
representatives of each classification of counties, a 51
representative from an election board, and at least one 52
member who has experience processing online voter 53
registration transactions. In addition, one representative 54
appointed by the secretary of state's office shall serve on 55
the committee; 56
(2) The committee shall immediately meet to approve 57
electronic signature formats and a minimum set of data 58
collection standards for use in a voter registration 59
application system maintained by the secretary of state; 60
(3) Once the format and data collection standards a re 61
approved by the committee and implemented for the system 62
maintained by the secretary of state, local election 63
authorities shall accept the transmission of voter 64
registration applications submitted to the approved system 65
under the provisions of sect ions 432.200 to 432.295; 66 SS SB 812 19
(4) The secretary of state's office shall direct 67
eligible voters to a local election authority's system to 68
accept voter registration applications electronically if the 69
local election authority has a system in place as of A ugust 70
28, 2016, or implements a system that meets the same 71
standards and format that has been approved by the committee 72
for the secretary of state's system; 73
(5) The committee shall meet not less than 74
semiannually through June 30, 2019, to recomme nd and approve 75
changes and enhancements proposed by the secretary of state 76
or election authorities to the electronic voter registration 77
application system. Vacancies that occur on the committee 78
shall be filled by the president of the Missouri Associat ion 79
of County Clerks and Election Authorities at the time of the 80
vacancy; 81
(6) To improve the accuracy of voter registration 82
application data and reduce costs for local election 83
authorities, the system maintained by the secretary of state 84
shall, as soon as is practical, provide a method where the 85
data entered by the voter registration applicant does not 86
have to be re-entered by the election authority to the state 87
voter registration database. 88
3.] Each applicant who registers using an appro ved 89
electronic voter registration application system shall be 90
deemed to be registered as of the date the signed 91
application is submitted to the system, if such application 92
is accepted and not rejected by the election authority and 93
the verification not ice required under section 115.155 is 94
not returned as undeliverable by the postal service. 95
[4.] 3. This section shall not apply to voter 96
registration and absentee records submitted by voters 97
authorized under federal law, section 115.291, or sectio ns 98 SS SB 812 20
115.900 to 115.936 to submit electronic records and 99
signatures. 100
[5.] 4. High quality copies, including electronic 101
copies, of signatures made on paper documents may be used 102
for petition signature verification purposes and retained as 103
records. 104
[6.] 5. Any signature required for petition submission 105
under chapter 116 shall be handwritten on a paper document. 106
[7. Notwithstanding the provisions of section 432.230 ] 107
6. Except as provided under sections 115.160 and 432.230 , 108
nothing in this section shall require the election authority 109
to accept voter registration records or signatures created, 110
generated, sent, communicated, received, stored, or 111
otherwise processed, or used by electronic means or in 112
electronic form from any officer, age ncy, or organization 113
[not authorized under subsection 2 of this section ] without 114
prior approval from the election authority. Election 115
authorities shall accept and process voter registration 116
records, including electronic images of applicant 117
signatures, transmitted electronically by the division of 118
motor vehicle and drivers licensing of the department of 119
revenue under section 115.160. Except as provided in 120
[subsection 2 of this section ] section 115.160, no officer, 121
agency, or organization shall giv e the voter the opportunity 122
to submit a voter registration application with an 123
electronic signature without first obtaining the approval of 124
the local election authority. 125
[8.] 7. An election authority that agrees to conduct a 126
transaction by electronic means may refuse to conduct other 127
transactions by electronic means. 128
[9.] 8. No election authority or the secretary of 129
state shall furnish to any member of the public any data 130 SS SB 812 21
collected under a voter registration application system 131
except as authorized in subsections 1 to 5 of section 132
115.157. 133
[10.] 9. Nothing in this section shall be construed to 134
require the secretary of state to cease operating a voter 135
registration application in place as of the effective date 136
of this act. 137
116.160. 1. If the general assembly adopts a joint 1
resolution proposing a constitutional amendment or a bill 2
without a fiscal note summary, which is to be referred to a 3
vote of the people, after receipt of such resolution or bill 4
the secretary of state shall promptly forward the resolution 5
or bill to the state auditor. If the general assembly 6
adopts a joint resolution proposing a constitutional 7
amendment or a bill without an official summary statement, 8
which is to be referred to a vote of the people, within 9
twenty days after receipt of the resolution or bill, the 10
secretary of state shall prepare and transmit to the 11
attorney general a summary statement of the measure as the 12
proposed summary statement. The secretary of state may seek 13
the advice of the legislator who introduced the 14
constitutional amendment or bill and the speaker of the 15
house or the president pro tem of the legislative chamber 16
that originated the measure. The summary statement may be 17
distinct from the le gislative title of the proposed 18
constitutional amendment or bill. The attorney general 19
shall within ten days approve the legal content and form of 20
the proposed statement. If the general assembly adopts a 21
joint resolution proposing a constitutional am endment or 22
statutory measure that includes an official summary 23
statement, the statement shall appear on the ballot, and no 24 SS SB 812 22
court shall have the authority to rewrite or edit the 25
summary statement or ballot language. 26
2. The official summary stateme nt shall contain no 27
more than fifty words, excluding articles. The title shall 28
be a true and impartial statement of the purposes of the 29
proposed measure in language neither intentionally 30
argumentative nor likely to create prejudice either for or 31
against the proposed measure. 32
[115.302. 1. Any registered voter of this 1
state may cast a mail -in ballot as provided in 2
this section. Nothing in this section shall 3
prevent a voter from casting an absentee ballot, 4
provided such person h as not cast a ballot 5
pursuant to this section. Application for a 6
mail-in ballot may be made by the applicant in 7
person, or by United States mail, or on behalf 8
of the applicant by his or her guardian or 9
relative within the second degree of 10
consanguinity or affinity. 11
2. Each application for a mail -in ballot 12
shall be made to the election authority of the 13
jurisdiction in which the person is registered. 14
Each application shall be in writing and shall 15
state the applicant's name, address at which he 16
or she is registered, the address to which the 17
ballot is to be mailed. 18
3. All applications for mail -in ballots 19
received prior to the sixth Tuesday before an 20
election shall be stored at the office of the 21
election authority until such time as t he 22
applications are processed under section 23
115.281. No application for a mail -in ballot 24
received in the office of the election authority 25
after 5:00 p.m. on the second Wednesday 26
immediately prior to the election shall be 27
accepted by any election aut hority. 28
4. Each application for a mail -in ballot 29
shall be signed by the applicant or, if the 30
application is made by a guardian or relative 31
under this section, the application shall be 32
signed by the guardian or relative, who shall 33
note on the application his or her relationship 34
to the applicant. If an applicant, guardian, or 35
relative is blind, unable to read or write the 36
English language, or physically incapable of 37
signing the application, he or she shall sign by 38
mark that is witnessed by th e signature of an 39
election official or person of his or her 40
choice. Knowingly making, delivering, or 41 SS SB 812 23
mailing a fraudulent mail -in-ballot application 42
is a class one election offense. 43
5. Not later than the sixth Tuesday prior 44
to each election, or within fourteen days after 45
candidate names or questions are certified under 46
section 115.125, the election authority shall 47
cause to have printed and made available a 48
sufficient quantity of ballots, ballot 49
envelopes, and mailing envelopes. As soon as 50
possible after a proper official calls a special 51
state or county election, the election authority 52
shall cause to have printed and made available a 53
sufficient quantity of mail -in ballots, ballot 54
envelopes, and mailing envelopes. 55
6. Each ballot envelope shall bear a 56
statement in substantially the same form 57
described in subsection 9 of this section. In 58
addition, any person providing assistance to the 59
mail-in voter shall include a signature on the 60
envelope identifying the person providing such 61
assistance under penalties of perjury. Persons 62
authorized to vote only for federal and 63
statewide offices shall also state their former 64
Missouri residence. 65
7. The statement for persons voting mail - 66
in ballots who are registered voters shall be in 67
substantially the following form: 68
69 State of Missouri
70 County (City) of _________
71
72
73
74
75
76
77
78
79
80
81
82
83
84
I, _________ (print name), a registered
voter of _________ County (City of St.
Louis, Kansas City), declare under the
penalties of perjury that: I am qualified
to vote at this election; I have not voted
and will not vote other than by this ballot
at this election. I further state that I
marked the enclosed ballot in secret or that
I am blind, unable to read or write English,
or physically incapable of marking the
ballot, and the person of my choosing
indicated below marked the ballot at my
direction; all of the information on this
statement is, to the best of my knowledge
and belief, true.
85 __________________ __________________
86 Signature of Voter Signature of Person
87 Assisting Voter
88 (if applicable)
89
90
Subscribed and sworn to before me this
_________ day of _________ , _________ .
91 __________________ SS SB 812 24
8. Upon receipt of a signed application 98
for a mail-in ballot and if satisfied that the 99
applicant is entitled to vote by mail -in ballot, 100
the election authority shall, within three 101
working days after receiving the application, 102
or, if mail-in ballots are not available at the 103
time the application is received, within five 104
working days after such ballots become 105
available, deliver to the voter a mail -in 106
ballot, ballot envelope and such instructions as 107
are necessary for the applicant to vote. If the 108
election authority is not satisfied that any 109
applicant is entitled to vote by mail -in ballot, 110
the authority shall not deliver a mail -in ballot 111
to the applicant. Within three working days of 112
receiving such an application, the election 113
authority shall notify the applicant and state 114
the reason he or she is not entitled to vote by 115
mail-in ballot. The applicant may file a 116
complaint with the elections division of the 117
secretary of state's office under section 118
115.219. 119
9. On the mailing and ballot envelopes for 120
each covered voter, the election authority shall 121
stamp the words "ELECTION BALLOT, STATE OF 122
MISSOURI" and "U.S. Postage Paid, 39 U.S.C . 123
Section 3406". 124
10. No information which encourages a vote 125
for or against a candidate or issue shall be 126
provided to any voter with a mail -in ballot. 127
11. Upon receiving a mail -in ballot by 128
mail, the voter shall mark the ballot in secret, 129
place the ballot in the ballot envelope, seal 130
the envelope and fill out the statement on the 131
ballot envelope. The statement required under 132
subsection 7 of this section shall be subscribed 133
and sworn to before a notary public or other 134
officer authorized by law to administer oaths. 135
If the voter is blind, unable to read or write 136
the English language, or physically incapable of 137
voting the ballot, the voter may be assisted by 138
a person of the voter's own choosing. Any 139
person who assists a voter and in any manner 140
coerces or initiates a request or suggestion 141
that the voter vote for or against, or refrain 142
92
93
Signature of notary or other officer
authorized to administer oaths.
94 ______________
95 ______________
96 Mailing addresses
97 (if different) SS SB 812 25
from voting on, any question or candidate, shall 143
be guilty of a class one election offense. If, 144
upon counting, challenge, or election contest, 145
it is ascertained that any mail -in ballot was 146
voted with unlawful assistance, the ballot shall 147
be rejected. 148
12. Each mail-in ballot shall be returned 149
to the election authority in the ballot envelope 150
and shall only be returned by the voter by 151
United States mail. 152
13. The secretary of state may prescribe 153
uniform regulations with respect to the printing 154
of ballot envelopes and mailing envelopes, which 155
shall comply with standards established by 156
federal law or postal regulations. Mailing 157
envelopes for use in returning ballots shall be 158
printed with business reply permits so that any 159
ballot returned by mail does not require 160
postage. All fees and costs for establishing 161
and maintaining the business reply and postage - 162
free mail for all ballots cast shall be paid by 163
the secretary of state through state 164
appropriations. 165
14. All votes on each mail -in ballot 166
received by an election authority at or before 167
the time fixed by law for the closing of the 168
polls on election day shall be counted. No 169
votes on any mail-in ballot received by an 170
election authority after the time fixed by law 171
for the closing of the polls on election day 172
shall be counted. 173
15. If sufficient evidence is shown to an 174
election authority that any mail -in voter has 175
died prior to the opening of the polls on 176
election day, the ballot of the deceased voter 177
shall be rejected if it is still sealed in the 178
ballot envelope. Any such rejected ballot, 179
still sealed in its ballot envelope, shall be 180
sealed with the applicati on and any other papers 181
connected therewith in an envelope marked 182
"Rejected ballot of _________ , a mail -in voter 183
of _________ voting district". The reason for 184
rejection shall be noted on the envelope, which 185
shall be kept by the election authority w ith the 186
other ballots from the election until the 187
ballots are destroyed according to law. 188
16. As each mail-in ballot is received by 189
the election authority, the election authority 190
shall indicate its receipt on the list. 191
17. All mail-in ballot envelopes received 192
by the election authority shall be kept together 193
in a safe place and shall not be opened except 194
as provided under this chapter. 195
18. Mail-in ballots shall be counted using 196
the procedures set out in sections 115.297, 197
115.299, 115.300, and 115.303. 198 SS SB 812 26
19. The false execution of a mail -in 199
ballot is a class one election offense. The 200
attorney general or any prosecuting or circuit 201
attorney shall have the authority to prosecute 202
such offense either in the county of residence 203
of the person or in the circuit court of Cole 204
County. 205
20. The provisions of this section shall 206
apply only to an election that occurs during the 207
year 2020, to avoid the risk of contracting or 208
transmitting severe acute respiratory syndrome 209
coronavirus 2. 210
21. The provisions of this section 211
terminate and shall be repealed on December 31, 212
2020, and shall not apply to any election 213
conducted after that date. ] 214