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Missouri Senate Bill SB861

Missouri 2022 Regular Session

Missouri Senate Bill SB861 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. 861
66 101ST GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR ONDER.
88 4141S.01I ADRIANE D. CROUSE, Secretary
99 AN ACT
1010 To repeal sections 115.225, 115.237, and 115.427, RSMo, and to enact in lieu thereof three new
1111 sections relating to elections.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Sections 115.225, 115.237, and 115.427, RSMo, 1
1515 are repealed and three new sections enacted in lieu thereof, to 2
1616 be known as sections 115.225, 115.237, and 1 15.427, to read as 3
1717 follows:4
1818 115.225. 1. Before use by election authorities in 1
1919 this state, the secretary of state shall approve the marking 2
2020 devices and the automatic tabulating equipment used in 3
2121 electronic voting systems and may promulgate rules and 4
2222 regulations to implement the intent of sections 115.225 to 5
2323 115.235. 6
2424 2. No electronic voting system shall be approved 7
2525 unless it: 8
2626 (1) Permits voting in absolute secrecy; 9
2727 (2) Permits each voter to vote for as many candidates 10
2828 for each office as a voter is lawfully entitled to vote for; 11
2929 (3) Permits each voter to vote for or against as many 12
3030 questions as a voter is lawfully entitled to vote on, and no 13
3131 more; 14
3232 (4) Provides facilities for each voter to cast as many 15
3333 write-in votes for each office as a voter is lawfully 16
3434 entitled to cast; 17 SB 861 2
3535 (5) Permits each voter in a primary election to vote 18
3636 for the candidates of only one party announced by the voter 19
3737 in advance; 20
3838 (6) Permits each voter at a presidential election to 21
3939 vote by use of a single mark for the candidates of one party 22
4040 or group of petitioners for president, vice president and 23
4141 their presidential electors; 24
4242 (7) Accurately counts all proper votes cast for each 25
4343 candidate and for and against each question; 26
4444 (8) Is set to reject all votes, except write -in votes, 27
4545 for any office and on any question when the number of votes 28
4646 exceeds the number a voter is lawfully entitled to cast; 29
4747 (9) Produces the election results from paper ballots 30
4848 that voters have marked by hand or, in the case of disabled 31
4949 voters who need assistance, from paper ballots that have 32
5050 been marked by paper ballot -marking devices designed to 33
5151 assist disabled voters; 34
5252 (10) Permits each voter, while voting, to clearly see 35
5353 the ballot label; 36
5454 [(10)] (11) Has been tested and is certified by an 37
5555 independent authority that meets the voting system standards 38
5656 developed by the Federal Election Commission or its 39
5757 successor agency. The provisions of this subdivision shall 40
5858 not be required for any system purchased prior to August 28, 41
5959 2002. 42
6060 3. If any election authority uses any touch -screen, 43
6161 direct-record, electronic vote -counting machine, the 44
6262 election authority may continue to use such machine. Upon 45
6363 the removal of such voting machin e from the election 46
6464 authority's inventory because of mechanical malfunction, 47
6565 wear and tear, or any other reason, the machine shall not be 48
6666 replaced and no additional touchscreen direct -recording 49 SB 861 3
6767 electronic vote-counting machine shall be added to the 50
6868 election authority's inventory. Such machine shall not be 51
6969 used beginning January 1, 2023, except that election 52
7070 authorities may allow the machines to be used by voters with 53
7171 disabilities as long as the machines are functional. 54
7272 Replacement of equipment fo r use by voters with disabilities 55
7373 shall be with paper ballot marking devices. 56
7474 4. The secretary of state shall promulgate rules and 57
7575 regulations to allow the use of a computerized voting 58
7676 system. The procedures shall provide for the use of a 59
7777 computerized voting system with the ability to provide a 60
7878 paper audit trail. Notwithstanding any provisions of this 61
7979 chapter to the contrary, such a system may allow for the 62
8080 storage of processed ballot materials in an electronic form. 63
8181 [4.] 5. Any rule or portion of a rule, as that term is 64
8282 defined in section 536.010, that is created under the 65
8383 authority delegated in this section shall become effective 66
8484 only if it complies with and is subject to all of the 67
8585 provisions of chapter 536 and, if applicable, sec tion 68
8686 536.028. This section and chapter 536 are nonseverable and 69
8787 if any of the powers vested with the general assembly 70
8888 pursuant to chapter 536 to review, to delay the effective 71
8989 date or to disapprove and annul a rule are subsequently held 72
9090 unconstitutional, then the grant of rulemaking authority and 73
9191 any rule proposed or adopted after August 28, 2002, shall be 74
9292 invalid and void. 75
9393 115.237. 1. Each ballot printed or designed for use 1
9494 with an electronic voting system for any election pur suant 2
9595 to this chapter shall contain all questions and the names of 3
9696 all offices and candidates certified or filed pursuant to 4
9797 this chapter and no other. The official ballot shall be a 5
9898 paper ballot that is hand -marked by the voter, or in the 6 SB 861 4
9999 case of voters with disabilities who need assistance, by a 7
100100 paper ballot-marking device designed to assist the disabled, 8
101101 except as provided in subsection 5 of section 115.225. As 9
102102 far as practicable, all questions and the names of all 10
103103 offices and candidates for w hich each voter is entitled to 11
104104 vote shall be printed on one page except for the ballot for 12
105105 political party committee persons in polling places not 13
106106 utilizing an electronic voting system which may be printed 14
107107 separately and in conformity with the requirem ents contained 15
108108 in this section. As far as practicable, ballots containing 16
109109 only questions and the names of nonpartisan offices and 17
110110 candidates shall be printed in accordance with the 18
111111 provisions of this section, except that the ballot 19
112112 information may be listed in vertical or horizontal rows. 20
113113 The names of candidates for each office shall be listed in 21
114114 the order in which they are filed. 22
115115 2. In polling places using electronic voting systems, 23
116116 the ballot information may be arranged in vertical or 24
117117 horizontal rows or on a number of separate pages or 25
118118 screens. In any event, the name of each candidate, the 26
119119 candidate's party, the office for which he or she is a 27
120120 candidate, and each question shall be indicated clearly on 28
121121 the ballot. 29
122122 3. Nothing in this subchapter shall be construed as 30
123123 prohibiting the use of a separate paper ballot for questions 31
124124 or for the presidential preference primary in any polling 32
125125 place using an electronic voting system. 33
126126 4. Where electronic voting systems are used and wh en 34
127127 write-in votes are authorized by law, a write -in ballot, 35
128128 which may be in the form of a separate paper ballot, card, 36
129129 or envelope, may be provided by the election authority to 37 SB 861 5
130130 permit each voter to write in the names of persons whose 38
131131 names do not appear on the ballot. 39
132132 5. No ballot printed or designed for use with an 40
133133 electronic voting system for any partisan election held 41
134134 under this chapter shall allow a person to vote a straight 42
135135 political party ticket. For purposes of this subsection, a 43
136136 "straight political party ticket" means voting for all of 44
137137 the candidates for elective office who are on the ballot 45
138138 representing a single political party by a single selection 46
139139 on the ballot. 47
140140 6. The secretary of state shall promulgate rules that 48
141141 specify uniform standards for ballot layout for each 49
142142 electronic or computerized ballot counting system approved 50
143143 under the provisions of section 115.225 so that the ballot 51
144144 used with any counting system is, where possible, consistent 52
145145 with the intent of this se ction. Nothing in this section 53
146146 shall be construed to require the format specified in this 54
147147 section if it does not meet the requirements of the ballot 55
148148 counting system used by the election authority. 56
149149 7. Any rule or portion of a rule, as that term is 57
150150 defined in section 536.010, that is created under the 58
151151 authority delegated in this section shall become effective 59
152152 only if it complies with and is subject to all of the 60
153153 provisions of chapter 536 and, if applicable, section 61
154154 536.028. This section and chapter 536 are nonseverable and 62
155155 if any of the powers vested with the general assembly 63
156156 pursuant to chapter 536 to review, to delay the effective 64
157157 date or to disapprove and annul a rule are subsequently held 65
158158 unconstitutional, then the grant of rulemaking a uthority and 66
159159 any rule proposed or adopted after August 28, 2002, shall be 67
160160 invalid and void. 68 SB 861 6
161161 115.427. 1. Persons seeking to vote in a public 1
162162 election shall establish their identity and eligibility to 2
163163 vote at the polling place , or, if voting absentee in person 3
164164 under section 115.277, at the office of the election 4
165165 authority, by presenting a form of personal identification 5
166166 to election officials. No form of personal identification 6
167167 other than the forms listed in this section shall be 7
168168 accepted to establish a voter's qualifications to vote. 8
169169 Forms of personal identification that satisfy the 9
170170 requirements of this section are any one of the following: 10
171171 (1) Nonexpired Missouri driver's license; 11
172172 (2) Nonexpired or nonexpiring Mis souri nondriver's 12
173173 license; 13
174174 (3) A document that satisfies all of the following 14
175175 requirements: 15
176176 (a) The document contains the name of the individual 16
177177 to whom the document was issued, and the name substantially 17
178178 conforms to the most recent signatu re in the individual's 18
179179 voter registration record; 19
180180 (b) The document shows a photograph of the individual; 20
181181 (c) The document includes an expiration date, and the 21
182182 document is not expired, or, if expired, the document 22
183183 expired after the date of th e most recent general election; 23
184184 and 24
185185 (d) The document was issued by the United States or 25
186186 the state of Missouri; or 26
187187 (4) Any identification containing a photograph of the 27
188188 individual which is issued by the Missouri National Guard, 28
189189 the United States Armed Forces, or the United States 29
190190 Department of Veteran Affairs to a member or former member 30
191191 of the Missouri National Guard or the United States Armed 31 SB 861 7
192192 Forces and that is not expired or does not have an 32
193193 expiration date. 33
194194 2. (1) An individual who appears at a polling place 34
195195 without a form of personal identification described in 35
196196 subsection 1 of this section and who is otherwise qualified 36
197197 to vote at that polling place [may execute a statement, 37
198198 under penalty of perjury, averring that the indiv idual is 38
199199 the person listed in the precinct register; averring that 39
200200 the individual does not possess a form of personal 40
201201 identification described in subsection 1 of this section; 41
202202 acknowledging that the individual is eligible to receive a 42
203203 Missouri nondriver's license free of charge if desiring it 43
204204 in order to vote; and acknowledging that the individual is 44
205205 required to present a form of personal identification, as 45
206206 described in subsection 1 of this section, in order to 46
207207 vote. Such statement shall be execut ed and sworn to before 47
208208 the election official receiving the statement. Upon 48
209209 executing such statement, the individual may cast a regular 49
210210 ballot, provided such individual presents one of the 50
211211 following forms of identification: 51
212212 (a) Identification issued by the state of Missouri, an 52
213213 agency of the state, or a local election authority of the 53
214214 state; 54
215215 (b) Identification issued by the United States 55
216216 government or agency thereof; 56
217217 (c) Identification issued by an institution of higher 57
218218 education, including a university, college, vocational and 58
219219 technical school, located within the state of Missouri; 59
220220 (d) A copy of a current utility bill, bank statement, 60
221221 government check, paycheck, or other government document 61
222222 that contains the name and addre ss of the individual; 62 SB 861 8
223223 (e) Other identification approved by the secretary of 63
224224 state under rules promulgated pursuant to this section. 64
225225 (2) For any individual who appears at a polling place 65
226226 without a form of personal identification described in 66
227227 subsection 1 of this section and who is otherwise qualified 67
228228 to vote at that polling place, the election authority may 68
229229 take a picture of such individual and keep it as part of 69
230230 that individual's voter registration file at the election 70
231231 authority. 71
232232 (3) Any individual who chooses not to execute the 72
233233 statement described in subdivision (1) of this subsection 73
234234 may cast a provisional ballot. Such provisional ballot 74
235235 shall be counted, provided that it meets the requirements of 75
236236 subsection 4 of this section. 76
237237 (4) For the purposes of this section, the term 77
238238 "election official" shall include any person working under 78
239239 the authority of the election authority. 79
240240 3. The statement to be used for voting under 80
241241 subdivision (1) of subsection 2 of this section shall be 81
242242 substantially in the following form: 82
243243 83 "State of ______
244244 84 County of ______
245245 85
246246 86
247247 87
248248 88
249249 89
250250 90
251251 91
252252 92
253253 93
254254 94
255255 95
256256 96
257257 I do solemnly swear (or affirm) that my name is
258258 ______; that I reside at ______; that I am the
259259 person listed in the precinct register under this
260260 name and at this address; and that, under penalty
261261 of perjury, I do not possess a form of personal
262262 identification approved for voting. As a person
263263 who does not possess a form of personal
264264 identification approved for voting, I acknowledge
265265 that I am eligible to receive free of charge a
266266 Missouri nondriver's license at any fee office if
267267 desiring it in order to vote. I furthermore
268268 acknowledge that I am required to present a form
269269 SB 861 9
270270 4. A voter] shall be allowed to cast a provisional 108
271271 ballot [under section 115.430 even if the election judges 109
272272 cannot establish the voter's identity under this section ] 110
273273 pursuant to this subsection . The election judges shall make 111
274274 a notation on the provisional ballot envelope to indicate 112
275275 that the voter's identity was not verified. 113
276276 (2) No person described in subdivision (1) of this 114
277277 subsection shall be entitled to receive a provisional ballot 115
278278 until such person has completed a provis ional ballot 116
279279 affidavit on the provisional ballot envelope described in 117
280280 subdivision (3) of this subsection. All provisional ballots 118
281281 cast pursuant to this subsection shall be marked with a 119
282282 conspicuous stamp or mark that makes them distinguishable 120
283283 from other ballots. 121
284284 (3) (a) The provisional ballot envelope shall be 122
285285 completed by the voter for use in determining the voter's 123
286286 eligibility to cast a ballot. 124
287287 (b) The provisional ballot envelope shall provide a 125
288288 place for the voter's name, address, date of birth, and last 126
289289 97
290290 98
291291 of personal identification, as prescribed by law,
292292 in order to vote.
293293 99
294294 100
295295 101
296296 I understand that knowingly providing false
297297 information is a violation of law and subjects me
298298 to possible criminal prosecution.
299299
300300 102 __________________ 
301301 103 Signature of voter
302302 104
303303 105
304304 Subscribed and affirmed before me this ______ day
305305 of ______, 20______
306306
307307 106 __________________ 
308308 107 Signature of election official" SB 861 10
309309 four digits of his or her Social Security number, followed 127
310310 by a certificate in substantially the following form: 128
311311 129
312312 130
313313 131
314314 132
315315 "I do solemnly swear that I am the person
316316 identified above and the information provided is
317317 correct. I understand that my vote will not be
318318 counted unless:
319319
320320 133
321321 134
322322 135
323323 (1) I return to this polling place today between
324324 6:00 a.m. and 7:00 p.m. and prov ide one of the
325325 following forms of identification:
326326
327327 136 (a) Nonexpired Missouri driver's license;
328328 137
329329 138
330330 (b) Nonexpired or nonexpiring Missouri nondriver's
331331 license;
332332
333333 139
334334 140
335335 (c) A document that satisfies all of the following
336336 requirements:
337337
338338 141
339339 142
340340 143
341341 a. The document contains my name, in substantially
342342 the same form as the most recent signature on my
343343 voter registration record;
344344
345345 144 b. The document contains my photograph;
346346 145
347347 146
348348 147
349349 148
350350 c. The document contains an expiration date and
351351 the document is not expired, or if expired, the
352352 document expired after the date of the most recent
353353 general election; and
354354
355355 149
356356 150
357357 d. The document was issued by the United States or
358358 the state of Missouri; or
359359
360360 151
361361 152
362362 153
363363 154
364364 155
365365 156
366366 157
367367 (d) Identification containing my photograph issued
368368 to me by the Missouri National Guard, the United
369369 States Armed Forces, or the United States
370370 Department of Veteran Affairs as a member or former
371371 member of the Missouri National Guard or the United
372372 States Armed Forces and that is not expired or does
373373 not have an expiration date; or
374374
375375 158
376376 159
377377 160
378378 161
379379 162
380380 (2) The election authority verifies my identity by
381381 comparing my signature on this envelope to the
382382 signature on file with the election authority and
383383 determines that I was eligible to cast a ballot at
384384 this polling place; and
385385 SB 861 11
386386 Once voted, the provisional ballot shall be sealed in the 170
387387 provisional ballot envelope and deposited in the ballot box . 171
388388 3. The provisional ballot cast by such voter shall not 172
389389 be counted unless: 173
390390 (1) (a) The voter returns to the polling place during 174
391391 the uniform polling hours established by section 115.407 and 175
392392 provides a form of personal identification that a llows the 176
393393 election judges to verify the voter's identity as provided 177
394394 in subsection 1 of this section; or 178
395395 (b) The election authority verifies the identity of 179
396396 the individual by comparing that individual's signature to 180
397397 the signature on file with the election authority and 181
398398 determines that the individual was eligible to cast a ballot 182
399399 at the polling place where the ballot was cast; and 183
400400 (2) The provisional ballot otherwise qualifies to be 184
401401 counted under section 115.430. 185
402402 [5. The secretary of state shall provide advance 186
403403 notice of the personal identification requirements of 187
404404 subsection 1 of this section in a manner calculated to 188
405405 inform the public generally of the requirement for forms of 189
406406 personal identification as provided in this section. Such 190
407407 advance notice shall include, at a minimum, the use of 191
408408 advertisements and public service announcements in print, 192
409409 broadcast television, radio, and cable television media, as 193
410410 163
411411 164
412412 165
413413 (3) This provisional ballot otherwise qualifies to
414414 be counted under the laws of the state of Missouri.
415415
416416 166 __________________ ______
417417 167 Signature of Voter Date
418418 168 __________________________________
419419 169 Signatures of Elections Officials" SB 861 12
420420 well as the posting of information on the opening pages of 194
421421 the official state internet websites of the secretary of 195
422422 state and governor. 196
423423 6.] 4. (1) Notwithstanding the provisions of section 197
424424 136.055 and section 302.181 to the contrary, the state and 198
425425 all fee offices shall provide one nondriver's license at no 199
426426 cost to any otherwise qualified voter who does not already 200
427427 possess such identification and who desires the 201
428428 identification [in order to vote] for voting. 202
429429 (2) This state and its agencies shall provide one copy 203
430430 of each of the following, free of charge, if need ed by an 204
431431 individual seeking to obtain a form of personal 205
432432 identification described in subsection 1 of this section [in 206
433433 order to vote] for voting: 207
434434 (a) A birth certificate; 208
435435 (b) A marriage license or certificate; 209
436436 (c) A divorce decree; 210
437437 (d) A certificate of decree of adoption; 211
438438 (e) A court order changing the person's name; 212
439439 (f) A Social Security card reflecting an updated name; 213
440440 and 214
441441 (g) Naturalization papers or other documents from the 215
442442 United States Department of State proving citizenship. 216
443443 Any individual seeking one of the above documents in order 217
444444 to obtain a form of personal identification described in 218
445445 subsection 1 of this section [in order to vote] for voting 219
446446 may request the secretary of state to facilitate the 220
447447 acquisition of such documents. The secretary of state shall 221
448448 pay any fee or fees charged by another state or its 222
449449 agencies, or any court of competent jurisdiction in this 223
450450 state or any other state, or the federal government or its 224 SB 861 13
451451 agencies, in order to obta in any of the above documents from 225
452452 such state or the federal government. 226
453453 (3) [All costs associated with the implementation of 227
454454 this section shall be reimbursed from the general revenue of 228
455455 this state by an appropriation for that purpose. If there 229
456456 is not a sufficient appropriation of state funds, then the 230
457457 personal identification requirements of subsection 1 of this 231
458458 section shall not be enforced. 232
459459 (4)] Any applicant who requests a nondriver's license 233
460460 for [the purpose of] voting shall not be r equired to pay a 234
461461 fee [if the applicant executes a statement, under penalty of 235
462462 perjury, averring that the applicant does not have any other 236
463463 form of personal identification that meets the requirements 237
464464 of this section]. The state of Missouri shall pay th e 238
465465 legally required fees for any such applicant. [The director 239
466466 of the department of revenue shall design a statement to be 240
467467 used for this purpose. The total cost associated with 241
468468 nondriver's license photo identification under this 242
469469 subsection shall be b orne by the state of Missouri from 243
470470 funds appropriated to the department of revenue for that 244
471471 specific purpose.] The department of revenue and a local 245
472472 election authority may enter into a contract that allows the 246
473473 local election authority to assist the de partment in issuing 247
474474 nondriver's license photo identifications. 248
475475 [7.] 5. The director of the department of revenue 249
476476 shall, by January first of each year, prepare and deliver to 250
477477 each member of the general assembly a report documenting the 251
478478 number of individuals who have requested and received a 252
479479 nondriver's license photo identification for the purposes of 253
480480 voting under this section. The report shall also include 254
481481 the number of persons requesting a nondriver's license for 255
482482 purposes of voting under this section, but not receiving 256 SB 861 14
483483 such license, and the reason for the denial of the 257
484484 nondriver's license. 258
485485 [8.] 6. The precinct register shall serve as the voter 259
486486 identification certificate. The following form shall be 260
487487 printed at the top of each page of the precinct register: 261
488488 [9.] 7. The secretary of state shall promulgate rules 274
489489 to effectuate the provisions of this section. 275
490490 [10.] 8. Any rule or portion of a rule, as that term 276
491491 is defined in section 536.010, that is created under the 277
492492 authority delegated in this section shall become effective 278
493493 only if it complies with and is subject to all of the 279
494494 provisions of chapter 536 and, if applicable, section 280
495495 536.028. This section and chapter 536 are nonseverable and 281
496496 if any of the powers vested with the general assembly 282
497497 pursuant to chapter 536 to review, to delay the effective 283
498498 date or to disapprove and ann ul a rule are subsequently held 284
499499 unconstitutional, then the grant of rulemaking authority and 285
500500 any rule proposed or adopted after August 28, 2002, shall be 286
501501 invalid and void. 287
502502 262 VOTER'S IDENTIFICATION CERTIFICATE
503503 263
504504 264
505505 265
506506 Warning: It is against the law for anyone to vote,
507507 or attempt to vote, without having a lawful right
508508 to vote.
509509
510510 266 PRECINCT
511511 267 WARD OR TOWNSHIP ______
512512 268 GENERAL (SPECIAL, PRIMARY) ELECTION
513513 269 Held ______, 20______
514514 270 Date
515515 271
516516 272
517517 273
518518 I hereby certify that I am qualified to vote at
519519 this election by signing my name and verifying my
520520 address by signing my initials next to my address.
521521 SB 861 15
522522 [11.] 9. If any voter is unable to sign his name at 288
523523 the appropriate place on the certificate or computer 289
524524 printout, an election judge shall print the name and address 290
525525 of the voter in the appropriate place on the precinct 291
526526 register, the voter shall make his mark in lieu of 292
527527 signature, and the voter's mark shall be witnessed by t he 293
528528 signature of an election judge. 294
529529 [12. This section shall become effective only upon the 295
530530 passage and approval by the voters of a constitutional 296
531531 amendment submitted to them by the general assembly 297
532532 regarding the authorization of photo identificati on 298
533533 requirements for elections by general law. If such 299
534534 constitutional amendment is approved by the voters, this 300
535535 section shall become effective June 1, 2017. ] 301
536536