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. 861
101ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR ONDER.
4141S.01I ADRIANE D. CROUSE, Secretary
AN ACT
To repeal sections 115.225, 115.237, and 115.427, RSMo, and to enact in lieu thereof three new
sections relating to elections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.225, 115.237, and 115.427, RSMo, 1
are repealed and three new sections enacted in lieu thereof, to 2
be known as sections 115.225, 115.237, and 1 15.427, to read as 3
follows:4
115.225. 1. Before use by election authorities in 1
this state, the secretary of state shall approve the marking 2
devices and the automatic tabulating equipment used in 3
electronic voting systems and may promulgate rules and 4
regulations to implement the intent of sections 115.225 to 5
115.235. 6
2. No electronic voting system shall be approved 7
unless it: 8
(1) Permits voting in absolute secrecy; 9
(2) Permits each voter to vote for as many candidates 10
for each office as a voter is lawfully entitled to vote for; 11
(3) Permits each voter to vote for or against as many 12
questions as a voter is lawfully entitled to vote on, and no 13
more; 14
(4) Provides facilities for each voter to cast as many 15
write-in votes for each office as a voter is lawfully 16
entitled to cast; 17 SB 861 2
(5) Permits each voter in a primary election to vote 18
for the candidates of only one party announced by the voter 19
in advance; 20
(6) Permits each voter at a presidential election to 21
vote by use of a single mark for the candidates of one party 22
or group of petitioners for president, vice president and 23
their presidential electors; 24
(7) Accurately counts all proper votes cast for each 25
candidate and for and against each question; 26
(8) Is set to reject all votes, except write -in votes, 27
for any office and on any question when the number of votes 28
exceeds the number a voter is lawfully entitled to cast; 29
(9) Produces the election results from paper ballots 30
that voters have marked by hand or, in the case of disabled 31
voters who need assistance, from paper ballots that have 32
been marked by paper ballot -marking devices designed to 33
assist disabled voters; 34
(10) Permits each voter, while voting, to clearly see 35
the ballot label; 36
[(10)] (11) Has been tested and is certified by an 37
independent authority that meets the voting system standards 38
developed by the Federal Election Commission or its 39
successor agency. The provisions of this subdivision shall 40
not be required for any system purchased prior to August 28, 41
2002. 42
3. If any election authority uses any touch -screen, 43
direct-record, electronic vote -counting machine, the 44
election authority may continue to use such machine. Upon 45
the removal of such voting machin e from the election 46
authority's inventory because of mechanical malfunction, 47
wear and tear, or any other reason, the machine shall not be 48
replaced and no additional touchscreen direct -recording 49 SB 861 3
electronic vote-counting machine shall be added to the 50
election authority's inventory. Such machine shall not be 51
used beginning January 1, 2023, except that election 52
authorities may allow the machines to be used by voters with 53
disabilities as long as the machines are functional. 54
Replacement of equipment fo r use by voters with disabilities 55
shall be with paper ballot marking devices. 56
4. The secretary of state shall promulgate rules and 57
regulations to allow the use of a computerized voting 58
system. The procedures shall provide for the use of a 59
computerized voting system with the ability to provide a 60
paper audit trail. Notwithstanding any provisions of this 61
chapter to the contrary, such a system may allow for the 62
storage of processed ballot materials in an electronic form. 63
[4.] 5. Any rule or portion of a rule, as that term is 64
defined in section 536.010, that is created under the 65
authority delegated in this section shall become effective 66
only if it complies with and is subject to all of the 67
provisions of chapter 536 and, if applicable, sec tion 68
536.028. This section and chapter 536 are nonseverable and 69
if any of the powers vested with the general assembly 70
pursuant to chapter 536 to review, to delay the effective 71
date or to disapprove and annul a rule are subsequently held 72
unconstitutional, then the grant of rulemaking authority and 73
any rule proposed or adopted after August 28, 2002, shall be 74
invalid and void. 75
115.237. 1. Each ballot printed or designed for use 1
with an electronic voting system for any election pur suant 2
to this chapter shall contain all questions and the names of 3
all offices and candidates certified or filed pursuant to 4
this chapter and no other. The official ballot shall be a 5
paper ballot that is hand -marked by the voter, or in the 6 SB 861 4
case of voters with disabilities who need assistance, by a 7
paper ballot-marking device designed to assist the disabled, 8
except as provided in subsection 5 of section 115.225. As 9
far as practicable, all questions and the names of all 10
offices and candidates for w hich each voter is entitled to 11
vote shall be printed on one page except for the ballot for 12
political party committee persons in polling places not 13
utilizing an electronic voting system which may be printed 14
separately and in conformity with the requirem ents contained 15
in this section. As far as practicable, ballots containing 16
only questions and the names of nonpartisan offices and 17
candidates shall be printed in accordance with the 18
provisions of this section, except that the ballot 19
information may be listed in vertical or horizontal rows. 20
The names of candidates for each office shall be listed in 21
the order in which they are filed. 22
2. In polling places using electronic voting systems, 23
the ballot information may be arranged in vertical or 24
horizontal rows or on a number of separate pages or 25
screens. In any event, the name of each candidate, the 26
candidate's party, the office for which he or she is a 27
candidate, and each question shall be indicated clearly on 28
the ballot. 29
3. Nothing in this subchapter shall be construed as 30
prohibiting the use of a separate paper ballot for questions 31
or for the presidential preference primary in any polling 32
place using an electronic voting system. 33
4. Where electronic voting systems are used and wh en 34
write-in votes are authorized by law, a write -in ballot, 35
which may be in the form of a separate paper ballot, card, 36
or envelope, may be provided by the election authority to 37 SB 861 5
permit each voter to write in the names of persons whose 38
names do not appear on the ballot. 39
5. No ballot printed or designed for use with an 40
electronic voting system for any partisan election held 41
under this chapter shall allow a person to vote a straight 42
political party ticket. For purposes of this subsection, a 43
"straight political party ticket" means voting for all of 44
the candidates for elective office who are on the ballot 45
representing a single political party by a single selection 46
on the ballot. 47
6. The secretary of state shall promulgate rules that 48
specify uniform standards for ballot layout for each 49
electronic or computerized ballot counting system approved 50
under the provisions of section 115.225 so that the ballot 51
used with any counting system is, where possible, consistent 52
with the intent of this se ction. Nothing in this section 53
shall be construed to require the format specified in this 54
section if it does not meet the requirements of the ballot 55
counting system used by the election authority. 56
7. Any rule or portion of a rule, as that term is 57
defined in section 536.010, that is created under the 58
authority delegated in this section shall become effective 59
only if it complies with and is subject to all of the 60
provisions of chapter 536 and, if applicable, section 61
536.028. This section and chapter 536 are nonseverable and 62
if any of the powers vested with the general assembly 63
pursuant to chapter 536 to review, to delay the effective 64
date or to disapprove and annul a rule are subsequently held 65
unconstitutional, then the grant of rulemaking a uthority and 66
any rule proposed or adopted after August 28, 2002, shall be 67
invalid and void. 68 SB 861 6
115.427. 1. Persons seeking to vote in a public 1
election shall establish their identity and eligibility to 2
vote at the polling place , or, if voting absentee in person 3
under section 115.277, at the office of the election 4
authority, by presenting a form of personal identification 5
to election officials. No form of personal identification 6
other than the forms listed in this section shall be 7
accepted to establish a voter's qualifications to vote. 8
Forms of personal identification that satisfy the 9
requirements of this section are any one of the following: 10
(1) Nonexpired Missouri driver's license; 11
(2) Nonexpired or nonexpiring Mis souri nondriver's 12
license; 13
(3) A document that satisfies all of the following 14
requirements: 15
(a) The document contains the name of the individual 16
to whom the document was issued, and the name substantially 17
conforms to the most recent signatu re in the individual's 18
voter registration record; 19
(b) The document shows a photograph of the individual; 20
(c) The document includes an expiration date, and the 21
document is not expired, or, if expired, the document 22
expired after the date of th e most recent general election; 23
and 24
(d) The document was issued by the United States or 25
the state of Missouri; or 26
(4) Any identification containing a photograph of the 27
individual which is issued by the Missouri National Guard, 28
the United States Armed Forces, or the United States 29
Department of Veteran Affairs to a member or former member 30
of the Missouri National Guard or the United States Armed 31 SB 861 7
Forces and that is not expired or does not have an 32
expiration date. 33
2. (1) An individual who appears at a polling place 34
without a form of personal identification described in 35
subsection 1 of this section and who is otherwise qualified 36
to vote at that polling place [may execute a statement, 37
under penalty of perjury, averring that the indiv idual is 38
the person listed in the precinct register; averring that 39
the individual does not possess a form of personal 40
identification described in subsection 1 of this section; 41
acknowledging that the individual is eligible to receive a 42
Missouri nondriver's license free of charge if desiring it 43
in order to vote; and acknowledging that the individual is 44
required to present a form of personal identification, as 45
described in subsection 1 of this section, in order to 46
vote. Such statement shall be execut ed and sworn to before 47
the election official receiving the statement. Upon 48
executing such statement, the individual may cast a regular 49
ballot, provided such individual presents one of the 50
following forms of identification: 51
(a) Identification issued by the state of Missouri, an 52
agency of the state, or a local election authority of the 53
state; 54
(b) Identification issued by the United States 55
government or agency thereof; 56
(c) Identification issued by an institution of higher 57
education, including a university, college, vocational and 58
technical school, located within the state of Missouri; 59
(d) A copy of a current utility bill, bank statement, 60
government check, paycheck, or other government document 61
that contains the name and addre ss of the individual; 62 SB 861 8
(e) Other identification approved by the secretary of 63
state under rules promulgated pursuant to this section. 64
(2) For any individual who appears at a polling place 65
without a form of personal identification described in 66
subsection 1 of this section and who is otherwise qualified 67
to vote at that polling place, the election authority may 68
take a picture of such individual and keep it as part of 69
that individual's voter registration file at the election 70
authority. 71
(3) Any individual who chooses not to execute the 72
statement described in subdivision (1) of this subsection 73
may cast a provisional ballot. Such provisional ballot 74
shall be counted, provided that it meets the requirements of 75
subsection 4 of this section. 76
(4) For the purposes of this section, the term 77
"election official" shall include any person working under 78
the authority of the election authority. 79
3. The statement to be used for voting under 80
subdivision (1) of subsection 2 of this section shall be 81
substantially in the following form: 82
83 "State of ______
84 County of ______
85
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
SB 861 9
4. A voter] shall be allowed to cast a provisional 108
ballot [under section 115.430 even if the election judges 109
cannot establish the voter's identity under this section ] 110
pursuant to this subsection . The election judges shall make 111
a notation on the provisional ballot envelope to indicate 112
that the voter's identity was not verified. 113
(2) No person described in subdivision (1) of this 114
subsection shall be entitled to receive a provisional ballot 115
until such person has completed a provis ional ballot 116
affidavit on the provisional ballot envelope described in 117
subdivision (3) of this subsection. All provisional ballots 118
cast pursuant to this subsection shall be marked with a 119
conspicuous stamp or mark that makes them distinguishable 120
from other ballots. 121
(3) (a) The provisional ballot envelope shall be 122
completed by the voter for use in determining the voter's 123
eligibility to cast a ballot. 124
(b) The provisional ballot envelope shall provide a 125
place for the voter's name, address, date of birth, and last 126
97
98
of personal identification, as prescribed by law,
in order to vote.
99
100
101
I understand that knowingly providing false
information is a violation of law and subjects me
to possible criminal prosecution.
102 __________________
103 Signature of voter
104
105
Subscribed and affirmed before me this ______ day
of ______, 20______
106 __________________
107 Signature of election official" SB 861 10
four digits of his or her Social Security number, followed 127
by a certificate in substantially the following form: 128
129
130
131
132
"I do solemnly swear that I am the person
identified above and the information provided is
correct. I understand that my vote will not be
counted unless:
133
134
135
(1) I return to this polling place today between
6:00 a.m. and 7:00 p.m. and prov ide one of the
following forms of identification:
136 (a) Nonexpired Missouri driver's license;
137
138
(b) Nonexpired or nonexpiring Missouri nondriver's
license;
139
140
(c) A document that satisfies all of the following
requirements:
141
142
143
a. The document contains my name, in substantially
the same form as the most recent signature on my
voter registration record;
144 b. The document contains my photograph;
145
146
147
148
c. The document contains an expiration date and
the document is not expired, or if expired, the
document expired after the date of the most recent
general election; and
149
150
d. The document was issued by the United States or
the state of Missouri; or
151
152
153
154
155
156
157
(d) Identification containing my photograph issued
to me by the Missouri National Guard, the United
States Armed Forces, or the United States
Department of Veteran Affairs as a member or former
member of the Missouri National Guard or the United
States Armed Forces and that is not expired or does
not have an expiration date; or
158
159
160
161
162
(2) The election authority verifies my identity by
comparing my signature on this envelope to the
signature on file with the election authority and
determines that I was eligible to cast a ballot at
this polling place; and
SB 861 11
Once voted, the provisional ballot shall be sealed in the 170
provisional ballot envelope and deposited in the ballot box . 171
3. The provisional ballot cast by such voter shall not 172
be counted unless: 173
(1) (a) The voter returns to the polling place during 174
the uniform polling hours established by section 115.407 and 175
provides a form of personal identification that a llows the 176
election judges to verify the voter's identity as provided 177
in subsection 1 of this section; or 178
(b) The election authority verifies the identity of 179
the individual by comparing that individual's signature to 180
the signature on file with the election authority and 181
determines that the individual was eligible to cast a ballot 182
at the polling place where the ballot was cast; and 183
(2) The provisional ballot otherwise qualifies to be 184
counted under section 115.430. 185
[5. The secretary of state shall provide advance 186
notice of the personal identification requirements of 187
subsection 1 of this section in a manner calculated to 188
inform the public generally of the requirement for forms of 189
personal identification as provided in this section. Such 190
advance notice shall include, at a minimum, the use of 191
advertisements and public service announcements in print, 192
broadcast television, radio, and cable television media, as 193
163
164
165
(3) This provisional ballot otherwise qualifies to
be counted under the laws of the state of Missouri.
166 __________________ ______
167 Signature of Voter Date
168 __________________________________
169 Signatures of Elections Officials" SB 861 12
well as the posting of information on the opening pages of 194
the official state internet websites of the secretary of 195
state and governor. 196
6.] 4. (1) Notwithstanding the provisions of section 197
136.055 and section 302.181 to the contrary, the state and 198
all fee offices shall provide one nondriver's license at no 199
cost to any otherwise qualified voter who does not already 200
possess such identification and who desires the 201
identification [in order to vote] for voting. 202
(2) This state and its agencies shall provide one copy 203
of each of the following, free of charge, if need ed by an 204
individual seeking to obtain a form of personal 205
identification described in subsection 1 of this section [in 206
order to vote] for voting: 207
(a) A birth certificate; 208
(b) A marriage license or certificate; 209
(c) A divorce decree; 210
(d) A certificate of decree of adoption; 211
(e) A court order changing the person's name; 212
(f) A Social Security card reflecting an updated name; 213
and 214
(g) Naturalization papers or other documents from the 215
United States Department of State proving citizenship. 216
Any individual seeking one of the above documents in order 217
to obtain a form of personal identification described in 218
subsection 1 of this section [in order to vote] for voting 219
may request the secretary of state to facilitate the 220
acquisition of such documents. The secretary of state shall 221
pay any fee or fees charged by another state or its 222
agencies, or any court of competent jurisdiction in this 223
state or any other state, or the federal government or its 224 SB 861 13
agencies, in order to obta in any of the above documents from 225
such state or the federal government. 226
(3) [All costs associated with the implementation of 227
this section shall be reimbursed from the general revenue of 228
this state by an appropriation for that purpose. If there 229
is not a sufficient appropriation of state funds, then the 230
personal identification requirements of subsection 1 of this 231
section shall not be enforced. 232
(4)] Any applicant who requests a nondriver's license 233
for [the purpose of] voting shall not be r equired to pay a 234
fee [if the applicant executes a statement, under penalty of 235
perjury, averring that the applicant does not have any other 236
form of personal identification that meets the requirements 237
of this section]. The state of Missouri shall pay th e 238
legally required fees for any such applicant. [The director 239
of the department of revenue shall design a statement to be 240
used for this purpose. The total cost associated with 241
nondriver's license photo identification under this 242
subsection shall be b orne by the state of Missouri from 243
funds appropriated to the department of revenue for that 244
specific purpose.] The department of revenue and a local 245
election authority may enter into a contract that allows the 246
local election authority to assist the de partment in issuing 247
nondriver's license photo identifications. 248
[7.] 5. The director of the department of revenue 249
shall, by January first of each year, prepare and deliver to 250
each member of the general assembly a report documenting the 251
number of individuals who have requested and received a 252
nondriver's license photo identification for the purposes of 253
voting under this section. The report shall also include 254
the number of persons requesting a nondriver's license for 255
purposes of voting under this section, but not receiving 256 SB 861 14
such license, and the reason for the denial of the 257
nondriver's license. 258
[8.] 6. The precinct register shall serve as the voter 259
identification certificate. The following form shall be 260
printed at the top of each page of the precinct register: 261
[9.] 7. The secretary of state shall promulgate rules 274
to effectuate the provisions of this section. 275
[10.] 8. Any rule or portion of a rule, as that term 276
is defined in section 536.010, that is created under the 277
authority delegated in this section shall become effective 278
only if it complies with and is subject to all of the 279
provisions of chapter 536 and, if applicable, section 280
536.028. This section and chapter 536 are nonseverable and 281
if any of the powers vested with the general assembly 282
pursuant to chapter 536 to review, to delay the effective 283
date or to disapprove and ann ul a rule are subsequently held 284
unconstitutional, then the grant of rulemaking authority and 285
any rule proposed or adopted after August 28, 2002, shall be 286
invalid and void. 287
262 VOTER'S IDENTIFICATION CERTIFICATE
263
264
265
Warning: It is against the law for anyone to vote,
or attempt to vote, without having a lawful right
to vote.
266 PRECINCT
267 WARD OR TOWNSHIP ______
268 GENERAL (SPECIAL, PRIMARY) ELECTION
269 Held ______, 20______
270 Date
271
272
273
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 861 15
[11.] 9. If any voter is unable to sign his name at 288
the appropriate place on the certificate or computer 289
printout, an election judge shall print the name and address 290
of the voter in the appropriate place on the precinct 291
register, the voter shall make his mark in lieu of 292
signature, and the voter's mark shall be witnessed by t he 293
signature of an election judge. 294
[12. This section shall become effective only upon the 295
passage and approval by the voters of a constitutional 296
amendment submitted to them by the general assembly 297
regarding the authorization of photo identificati on 298
requirements for elections by general law. If such 299
constitutional amendment is approved by the voters, this 300
section shall become effective June 1, 2017. ] 301