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. 907
101ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR KOENIG.
3569S.01I ADRIANE D. CROUSE, Secretary
AN ACT
To repeal sections 115.137, 115.155, 115.157, 115.163, 115.225, 115.249, 115.279, 115.287,
115.327, 115.349, 115.351, 115.363, 115.395, 115.397, 115.409, 115.429, and
115.770, RSMo, and to enact in lieu thereof nineteen new sections relating to elections,
with penalty provisions and a delayed effective date for certain sections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.137, 115.155, 115.157, 115.163, 1
115.225, 115.249, 115.279, 115.287, 115.327, 115.349, 115.351, 2
115.363, 115.395, 115.397, 115.409, 115.429, and 115.770, RSMo, 3
are repealed and nineteen n ew sections enacted in lieu thereof, 4
to be known as sections 115.137, 115.155, 115.157, 115.163, 5
115.168, 115.225, 115.249, 115.279, 115.287, 115.327, 115.349, 6
115.351, 115.363, 115.395, 115.397, 115.398, 115.409, 115.429, 7
and 115.770, to read as follows:8
115.137. 1. Except as provided in subsection 2 of 1
this section, any citizen who is entitled to register and 2
vote shall be entitled to register for and vote pursuant to 3
the provisions of this chapter in all statewide public 4
elections and all pub lic elections held for districts and 5
political subdivisions within which he resides. 6
2. Any person who and only persons who fulfill the 7
ownership requirements shall be entitled to vote in 8
elections for which ownership of real property is required 9
by law for voting. 10 SB 907 2
3. Notwithstanding any other provision of law to the 11
contrary, no person shall be entitled to vote in a primary 12
election or a presidential preference primary of an 13
established political party unless he or she is affiliated 14
with such party, as evidenced by his or her voter 15
registration. 16
115.155. 1. The election authority shall provide for 1
the registration of each voter. Each application shall be 2
in substantially the following form: 3
4 APPLICATION FOR REGISTRATION
5 Are you a citizen of the United States?
6 □ YES □ NO
7
8
Will you be 18 years of age on or before election
day?
9 □ YES □ NO
10
11
IF YOU CHECKED "NO" IN RESPONSE TO EITHER OF THESE
QUESTIONS, DO NOT COMPLETE THIS FORM.
12
13
14
15
16
17
18
19
20
21
IF YOU ARE SUBMITTING THIS FORM BY MAIL AND ARE
REGISTERING FOR THE FIRST TIME, PLEASE SUBMIT A
COPY OF A CURRENT, VALID PHOTO IDENTIFICATION. IF
YOU DO NOT SUBMIT SUCH INFORMATION, YOU WILL BE
REQUIRED TO PRESENT ADDITIONAL IDENTIFICATION UPON
VOTING FOR THE FIRST TIME SUCH AS A BIRTH
CERTIFICATE, A NATIVE AMERICAN TRIBAL DOCUMENT,
OTHER PROOF OF UNITED STATES CITIZENSHIP, A VALID
MISSOURI DRIVERS LICENSE OR OTHER FORM OF PERSONAL
IDENTIFICATION.
22 __________________
23 Township (or Ward)
24 __________________ __________________
25 Name Precinct
26 __________________ __________________
27 Home Address Required Personal SB 907 3
28 Identification
29 Information
30 __________________
31 City ZIP
32 __________________ __________________
33 Date of Birth Place of Birth
34 (Optional)
35 __________________ __________________
36 Telephone Number Mother's Maiden
37 (Optional) Name (Optional)
38 __________________ __________________
39
40
Occupation
(Optional)
Last Place
Previously
41 Registered
42 __________________ __________________
43 Last four digits of Under What Name
44
45
46
47
48
49
50
Social Security
Number (Required
for registration
unless no Social
Security number
exists for
Applicant)
51
52
53
54
55
56
57
58
59
60
61
62
Political Party
Affiliation
(Optional.
However, if you
make a designation,
you will only be
allowed to vote for
candidates of the
designated
political party in
primary elections.
If you do not make
SB 907 4
2. The options for political party affiliation 92
required by the application described in subsection 1 of 93
this section shall include all established political parties 94
and an option for unaffiliation. If an applicant does not 95
choose a political party affiliatio n or unaffiliation, the 96
63
64
65
66
67
68
69
a designation, you
will be designated
as unaffiliated and
may only cast a
nonpartisan ballot
at a primary
election.)
70 Remarks: __________________
71 When
72
73
74
75
76
77
78
79
80
I am a citizen of the United States and a resident
of the state of Missouri. I have not been adjudged
incapacitated by any court of law. 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 do solemnly swear that all
statements made on this card are true to the best
of my knowledge and belief.
81
82
83
84
85
86
87
I UNDERSTAND THAT IF I REGISTER TO VOTE KNOWING
THAT I AM NOT LEGALLY ENTITLED TO REGISTER, I AM
COMMITTING A CLASS ONE ELECTION OFFENSE AND MAY BE
PUNISHED BY IMPRISONMENT OF NOT MORE THAN FIVE
YEARS OR BY A FINE OF BETWEEN TWO THOUSAND FIVE
HUNDRED DOLLARS AND TEN THOUSAND DOLLARS OR BY BOTH
SUCH IMPRISONMENT AND FINE.
88 __________________ __________________
89 Signature of Voter Date
90 __________________
91 Signature of Election Official SB 907 5
election authority shall mark the applicant's form as 97
unaffiliated. 98
3. After supplying all information necessary for the 99
registration records, each applicant who appears in person 100
before the election authority shall swear or affirm the 101
statements on the registration application by signing his or 102
her full name, witnessed by the signature of the election 103
authority or such authority's deputy registration official. 104
Each applicant who applies to register by mail pursuant t o 105
section 115.159, or pursuant to section 115.160 or 115.162, 106
shall attest to the statements on the application by his or 107
her signature. 108
[3.] 4. Upon receipt by mail of a completed and signed 109
voter registration application, a voter registration 110
application forwarded by the division of motor vehicle and 111
drivers licensing of the department of revenue pursuant to 112
section 115.160, or a voter registration agency pursuant to 113
section 115.162, the election authority shall, if satisfied 114
that the applicant is entitled to register, transfer all 115
data necessary for the registration records from the 116
application to its registration system. Within seven 117
business days after receiving the application, the election 118
authority shall send the applicant a verif ication notice. 119
If such notice is returned as undeliverable by the postal 120
service within the time established by the election 121
authority, the election authority shall not place the 122
applicant's name on the voter registration file. 123
[4.] 5. If, upon receipt by mail of a voter 124
registration application or a voter registration application 125
forwarded pursuant to section 115.160 or 115.162, the 126
election authority determines that the applicant is not 127
entitled to register, such authority shall, within se ven 128 SB 907 6
business days after receiving the application, so notify the 129
applicant by mail and state the reason such authority has 130
determined the applicant is not qualified. The applicant 131
may file a complaint with the elections division of the 132
secretary of state's office under and pursuant to section 133
115.219. If an applicant for voter registration fails to 134
answer the question on the application concerning United 135
States citizenship, the election authority shall notify the 136
applicant of the failure and prov ide the applicant with an 137
opportunity to complete the form in a timely manner to allow 138
for the completion of the registration form before the next 139
election. 140
[5.] 6. The secretary of state shall prescribe 141
specifications for voter registration docu ments so that they 142
are uniform throughout the state of Missouri and comply with 143
the National Voter Registration Act of 1993, including the 144
reporting requirements, and so that registrations, name 145
changes and transfers of registrations within the state m ay 146
take place as allowed by law. 147
[6.] 7. All voter registration applications shall be 148
preserved in the office of the election authority. 149
115.157. 1. The election authority may place all 1
information on any registration cards in computerized form 2
in accordance with section 115.158. No election authority 3
or secretary of state shall furnish to any member of the 4
public electronic media or printout showing any registration 5
information, except as provided in this section. Except as 6
provided in subsection 2 of this section, the election 7
authority or secretary of state shall make available 8
electronic media or printouts showing unique voter 9
identification numbers, voters' names, dates of birth, 10
addresses, townships or wards, and precincts. Electronic 11 SB 907 7
data shall be maintained in at least the following separate 12
fields: 13
(1) Voter identification number; 14
(2) First name; 15
(3) Middle initial; 16
(4) Last name; 17
(5) Suffix; 18
(6) Street number; 19
(7) Street direction; 20
(8) Street name; 21
(9) Street suffix; 22
(10) Apartment number; 23
(11) City; 24
(12) State; 25
(13) Zip code; 26
(14) Township; 27
(15) Ward; 28
(16) Precinct; 29
(17) Senatorial district; 30
(18) Representative district; 31
(19) Congressional district ; and 32
(20) Political party affiliation or unaffiliation . 33
2. All election authorities shall enter voter history 34
in their computerized registration systems and shall, not 35
more than six months after the election, forward such data 36
to the Missouri voter registration system established in 37
section 115.158. In addition, election authorities shall 38
forward registration and other data in a manner prescribed 39
by the secretary of state to comply with the Help America 40
Vote Act of 2002. 41
3. Except as provided in subsection 6 of this section, 42
the election authority shall furnish, for a fee, electronic 43 SB 907 8
media or a printout showing the names, dates of birth [and], 44
addresses, and political part y affiliations or 45
unaffiliations of voters, or any part thereof, within the 46
jurisdiction of the election authority who voted in any 47
specific election, including primary elections, by township, 48
ward or precinct, provided that nothing in this chapter 49
shall require such voter information to be released to the 50
public over the internet. 51
4. Except as provided in subsection 6 of this section, 52
upon a request by a candidate, a duly authorized 53
representative of a campaign committee, or a political party 54
committee, the secretary of state shall furnish, for a fee 55
determined by the secretary of state and in compliance with 56
section 610.026, media in an electronic format or, if so 57
requested, in a printed format, showing the names, 58
addresses, [and] voter identification numbers , and political 59
party affiliations or unaffiliations of voters within the 60
jurisdiction of a specific election authority who applied 61
for an absentee ballot under section 115.279 for any 62
specific election involving a ballot measure or an office 63
for which the declaration of candidacy is required to be 64
filed with the secretary of state pursuant to section 65
115.353, including primary elections, by township, ward, or 66
precinct. Nothing in this section shall require such voter 67
information to be released to the public over the internet. 68
For purposes of this section, the terms "candidate", 69
"campaign committee", and "political party committee" shall 70
have the same meaning given to such terms in section 130.011. 71
5. The amount of fees charged for information provided 72
in this section shall be established pursuant to chapter 73
610. All revenues collected by the secretary of state 74
pursuant to this section shall be deposited in the state 75 SB 907 9
treasury and credited to the secretary of stat e's technology 76
trust fund account established pursuant to section 28.160. 77
In even-numbered years, each election authority shall, upon 78
request, supply the voter registration list for its 79
jurisdiction to all candidates and party committees for a 80
charge established pursuant to chapter 610. Except as 81
provided in subsection 6 of this section, all election 82
authorities shall make the information described in this 83
section available pursuant to chapter 610. Any election 84
authority who fails to comply with the requirements of this 85
section shall be subject to the provisions of chapter 610. 86
6. Any person working as an undercover officer of a 87
local, state or federal law enforcement agency, persons in 88
witness protection programs, and victims of domesti c 89
violence and abuse who have received orders of protection 90
pursuant to chapter 455 shall be entitled to apply to the 91
circuit court having jurisdiction in his or her county of 92
residence to have the residential address on his or her 93
voter registration records closed to the public if the 94
release of such information could endanger the safety of the 95
person. Any person working as an undercover agent or in a 96
witness protection program shall also submit a statement 97
from the chief executive officer of the agency under whose 98
direction he or she is serving. The petition to close the 99
residential address shall be incorporated into any petition 100
for protective order provided by circuit clerks pursuant to 101
chapter 455. If satisfied that the person filing the 102
petition meets the qualifications of this subsection, the 103
circuit court shall issue an order to the election authority 104
to keep the residential address of the voter a closed record 105
and the address may be used only for the purposes of 106
administering elections pursuant to this chapter. The 107 SB 907 10
election authority may require the voter who has a closed 108
residential address record to verify that his or her 109
residential address has not changed or to file a change of 110
address and to affirm that the reasons conta ined in the 111
original petition are still accurate prior to receiving a 112
ballot. A change of address within an election authority's 113
jurisdiction shall not require that the voter file a new 114
petition. Any voter who no longer qualifies pursuant to 115
this subsection to have his or her residential address as a 116
closed record shall notify the circuit court. Upon such 117
notification, the circuit court shall void the order closing 118
the residential address and so notify the election authority. 119
115.163. 1. Each election authority shall use the 1
Missouri voter registration system established by section 2
115.158 to prepare a list of legally registered voters for 3
each precinct. The list shall be arranged alphabetically or 4
by street address as th e election authority determines and 5
shall be known as the precinct register. The precinct 6
registers shall be kept by the election authority in a 7
secure place, except when given to election judges for use 8
at an election. Except as provided in subsecti on 6 of 9
section 115.157, all registration records shall be open to 10
inspection by the public at all reasonable times. 11
2. A new precinct register shall be prepared by the 12
election authority prior to each election. 13
3. (1) The election authorit y shall send to each 14
voter, except those who registered by mail and have not 15
voted, a voter identification card no later than ninety days 16
prior to the date of a primary or general election for 17
federal office, unless the voter has received such a card 18
during the preceding six months. The election authority 19
shall send to each voter who registered by mail and has not 20 SB 907 11
voted the verification notice required under section 115.155 21
no later than ninety days prior to the date of a primary or 22
general election for federal office. 23
(2) The voter identification card shall contain the 24
voter's name, address, [and] precinct, and political party 25
affiliation or unaffiliation . The card also shall inform 26
the voter of the personal identification requirement in 27
section 115.427 and may also contain other voting 28
information at the discretion of the election authority. 29
(3) The voter identification card shall be sent to a 30
voter, except those who registered by mail and have not 31
voted, after a new registrati on or a change of address. If 32
any voter, except those who registered by mail and have not 33
voted, shall lose his or her voter identification card or 34
change political party affiliation or unaffiliation , he or 35
she may request a new [one] card from the election authority. 36
(4) The voter identification card authorized pursuant 37
to this section may be used as a canvass of voters in lieu 38
of the provisions set out in sections 115.179 to 115.193. 39
(5) Except as provided in subsection 2 of section 40
115.157, anyone, upon request and payment of a reasonable 41
fee, may obtain a printout, list and/or computer tape of 42
those newly registered voters or voters deleted from the 43
voting rolls, since the last canvass or updating of the 44
rolls. 45
(6) The election authority may authorize the use of 46
the postal service contractors under the federal National 47
Change of Address program to identify those voters whose 48
address is not correct on the voter registration records. 49
The election authority shall not be req uired to mail a voter 50
registration card to those voters whose addresses are 51
incorrect. Confirmation notices to such voters required by 52 SB 907 12
section 115.193 shall be sent to the corrected address 53
provided by the National Change of Address program. 54
115.168. 1. (1) If a registered voter chooses to 1
change his or her political party affiliation, the voter may 2
notify the election authority of such change. Any change of 3
political party affiliation shall be made by signed, writte n 4
notice in substantially the same manner as a change of 5
address application is filed pursuant to section 115.165. 6
(2) Except as otherwise provided in subdivision (3) of 7
this subsection, beginning January 1, 2025, if a registered 8
voter changes his or her political party affiliation within 9
twenty-three weeks of a primary election of an established 10
political party, the voter's change of affiliation shall not 11
be applied by the election authority to his or her voter 12
registration until after such e lection. A registered voter 13
may only vote in the primary election of the established 14
political party with which he or she was affiliated on the 15
twenty-third Tuesday before such election. 16
(3) In any year in which a presidential preference 17
primary is held, a registered voter may change his or her 18
political party affiliation for purposes of voting in a 19
primary election no later than fifteen weeks prior to the 20
primary election. 21
(4) For purposes of this subsection, the phrase 22
"change his or her political party affiliation" means 23
changing affiliation from one established political party to 24
another established political party, changing from 25
affiliation with an established political party to 26
unaffiliated, or changing from unaffiliated to an 27
established political party. 28
2. Notwithstanding any provision of this section to 29
the contrary, any person who was not previously registered 30 SB 907 13
to vote in this state prior to a primary election or a 31
presidential preference primary of an established p olitical 32
party and who submits a voter registration application by 5 33
p.m. on the fourth Wednesday prior to such an election may 34
choose a political party affiliation or unaffiliation and 35
may vote in such election. 36
3. Any person who was registered to vote in this state 37
as of August 28, 2022, shall be considered by the election 38
authority to be unaffiliated with an established political 39
party unless such person: 40
(1) Votes in a primary election or a presidential 41
preference primary of an estab lished political party after 42
August 28, 2022, but before September 1, 2024, in which case 43
the election authority shall make a notation on such 44
person's voter registration pursuant to section 115.398; or 45
(2) Files a change in political party affili ation form 46
pursuant to subsection 1 of this section. 47
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 t o 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 SB 907 14
(4) Provides facilities for e ach voter to cast as many 15
write-in votes for each office as a voter is lawfully 16
entitled to cast; 17
(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) Permits each voter, while vo ting, to clearly see 30
the ballot label; 31
(10) Has been tested and is certified by an 32
independent authority that meets the voting system standards 33
developed by the Federal Election Commission or its 34
successor agency. The provisions of this subdivis ion shall 35
not be required for any system purchased prior to August 28, 36
2002. 37
3. The secretary of state shall promulgate rules and 38
regulations to allow the use of a computerized voting 39
system. The procedures shall provide for the use of a 40
computerized voting system with the ability to provide a 41
paper audit trail. Notwithstanding any provisions of this 42
chapter to the contrary, such a system may allow for the 43
storage of processed ballot materials in an electronic form. 44
4. Any rule or portion of a rule, as that term is 45
defined in section 536.010, that is created under the 46 SB 907 15
authority delegated in this section shall become effective 47
only if it complies with and is subject to all of the 48
provisions of chapter 536 and, if applicable, section 49
536.028. This section and chapter 536 are nonseverable and 50
if any of the powers vested with the general assembly 51
pursuant to chapter 536 to review, to delay the effective 52
date or to disapprove and annul a rule are subsequently held 53
unconstitutional, then the grant of rulemaking authority and 54
any rule proposed or adopted after August 28, 2002, shall be 55
invalid and void. 56
115.249. No voting machine shall be used unless it: 1
(1) Permits voting in absolute secrecy; 2
(2) Permits each voter to vote for as many candidates 3
for each office as he is lawfully entitled to vote for, and 4
no other; 5
(3) Permits each voter to vote for or against as many 6
questions as he is lawfully entitled to vote on, and no more; 7
(4) Provides facilities for each voter to cast as many 8
write-in votes for each office as he is lawfully entitled to 9
cast; 10
(5) Permits each voter in a primary election to vote 11
for the candidates of only one party [announced by the voter 12
in advance]; 13
(6) Correctly registers or records and accurately 14
counts all votes cast for each candidate and for and against 15
each question; 16
(7) Is provided with a lock or locks which prevent any 17
movement of the voting or registering mechanism and any 18
tampering with the mechanism; 19
(8) Is provided with a protective counter or other 20
device whereby any operation of the machine before or after 21
an election will be detected; 22 SB 907 16
(9) Is provided with a counter which shows at all 23
times during the election how many people have voted on the 24
machine; 25
(10) Is provided with a proper light which enables 26
each voter, while voting, to clearly see the ballot labels. 27
115.279. 1. Application for an absentee ballot may be 1
made by the applicant in person, or by mail, or for the 2
applicant, in person, by his or her guardian or a relative 3
within the second degree by consanguinity or affinity. The 4
election authority shall accept applications by facsimile 5
transmission and by electronic mail with in the limits of its 6
telecommunications capacity. 7
2. Each application shall be made to the election 8
authority of the jurisdiction in which the person is or 9
would be registered. Each application shall be in writing 10
and shall state the applicant's name, address at which he or 11
she is or would be registered, his or her reason for voting 12
an absentee ballot, the address to which the ballot is to be 13
mailed, if mailing is requested, and for absent uniformed 14
services and overseas applicants, the appli cant's email 15
address if electronic transmission is requested. If the 16
reason for the applicant voting absentee is due to the 17
reasons established under subdivision (6) of subsection 1 of 18
section 115.277, the applicant shall state the voter's 19
identification information provided by the address 20
confidentiality program in lieu of the applicant's name, 21
address at which he or she is or would be registered, and 22
address to which the ballot is to be mailed, if mailing is 23
requested. [Each application to vote in a primary election 24
shall also state which ballot the applicant wishes to 25
receive. If any application fails to designate a ballot, 26
the election authority shall, within three working days 27 SB 907 17
after receiving the application, notify the applicant by 28
mail that it will be unable to deliver an absentee ballot 29
until the applicant designates which political party ballot 30
he or she wishes to receive. If the applicant does not 31
respond to the request for political party designation, the 32
election authority is authorized to provide the voter with 33
that part of the ballot for which no political party 34
designation is required. ] 35
3. [Except as provided in subsection 3 of section 36
115.281,] All applications for absentee ballots received 37
prior to the sixth Tue sday before an election shall be 38
stored at the office of the election authority until such 39
time as the applications are processed in accordance with 40
section 115.281. No application for an absentee ballot 41
received in the office of the election authorit y by mail, by 42
facsimile transmission, by electronic mail, or by a guardian 43
or relative after 5:00 p.m. on the second Wednesday 44
immediately prior to the election shall be accepted by any 45
election authority. No application for an absentee ballot 46
submitted by the applicant in person after 5:00 p.m. on the 47
day before the election shall be accepted by any election 48
authority, except as provided in subsections 6, 8 and 9 of 49
this section. 50
4. Each application for an absentee ballot shall be 51
signed by the applicant or, if the application is made by a 52
guardian or relative pursuant to this section, the 53
application shall be signed by the guardian or relative, who 54
shall note on the application his or her relationship to the 55
applicant. If an applicant, guardian or relative is blind, 56
unable to read or write the English language or physically 57
incapable of signing the application, he or she shall sign 58
by mark, witnessed by the signature of an election official 59 SB 907 18
or person of his or her own choosing. Any person who 60
knowingly makes, delivers or mails a fraudulent absentee 61
ballot application shall be guilty of a class one election 62
offense. 63
5. (1) Notwithstanding any law to the contrary, any 64
resident of the state of Missouri who resides outside th e 65
boundaries of the United States or who is on active duty 66
with the Armed Forces of the United States or members of 67
their immediate family living with them may request an 68
absentee ballot for both the primary and subsequent general 69
election with one ap plication. 70
(2) The election authority shall provide each absent 71
uniformed services voter and each overseas voter who submits 72
a voter registration application or an absentee ballot 73
request, if the election authority rejects the application 74
or request, with the reasons for the rejection. 75
(3) Notwithstanding any other law to the contrary, if 76
a standard oath regarding material misstatements of fact is 77
adopted for uniformed and overseas voters pursuant to the 78
Help America Vote Act of 2002, the election authority shall 79
accept such oath for voter registration, absentee ballot, or 80
other election-related materials. 81
(4) Not later than sixty days after the date of each 82
regularly scheduled general election for federal office, 83
each election authority which administered the election 84
shall submit to the secretary of state in a format 85
prescribed by the secretary a report on the combined number 86
of absentee ballots transmitted to, and returned by, absent 87
uniformed services voters and overseas v oters for the 88
election. The secretary shall submit to the Election 89
Assistance Commission a combined report of such information 90
not later than ninety days after the date of each regularly 91 SB 907 19
scheduled general election for federal office and in a 92
standardized format developed by the commission pursuant to 93
the Help America Vote Act of 2002. The secretary shall make 94
the report available to the general public. 95
(5) As used in this section, the terms "absent 96
uniformed services voter" and "overseas vot er" shall have 97
the meaning prescribed in 52 U.S.C. Section 20310. 98
6. An application for an absentee ballot by a new 99
resident shall be submitted in person by the applicant in 100
the office of the election authority in the election 101
jurisdiction in which such applicant resides. The 102
application shall be received by the election authority no 103
later than 7:00 p.m. on the day of the election. Such 104
application shall be in the form of an affidavit, executed 105
in duplicate in the presence of the election au thority or 106
any authorized officer of the election authority, and in 107
substantially the following form: 108
109 "STATE OF _________
110 COUNTY OF _________ , ss.
111 I, ______, do solemnly swear that:
112
113
114
115
(1) Before becoming a resident of this state, I
resided at ______ (residence address) in ______
(town, township, village or city) of ______
County in the state of ______;
116
117
118
119
(2) I moved to this state after the last day to
register to vote in such general presidential
election and I am now residing in the county of
______, state of Missouri;
120
121
122
(3) I believe I am entitled pursuant to the laws of
this state to vote i n the presidential election
to be held November ______, ______ (year);
123
124
(4) I hereby make application for a presidential
and vice presidential ballot. I have not voted
SB 907 20
7. The election authority in whose office an 136
application is filed pursuant to subsection 6 of this 137
section shall immediately send a duplicate of such 138
application to the appropriate official of the state in 139
which the new resident applicant last resided and shall file 140
the original of such application in its office. 141
8. An application for an absentee ballot by an 142
intrastate new resident shall be made in person by the 143
applicant in the office of the election authority in the 144
election jurisdiction in which such applicant resides. The 145
application shall be received by the election authority no 146
later than 7:00 p.m. on the day of the election. Such 147
application shall be in the form of an affidavit, executed 148
in duplicate in the presence of the election authority or an 149
authorized officer of the election authority, and in 150
substantially the following form: 151
125
126
and shall not vote other than by this ballot at
such election.
127 Signed __________________
128 (Applicant)
129 __________________
130 (Residence Address)
131
132
Subscribed and sworn to before me this ______ day
of ______, ______
133 Signed __________________
134
135
(Title and name of officer authorized to
administer oaths)"
152 "STATE OF ______
153 COUNTY OF ______, ss.
154 I, ______, do solemnly swear that: SB 907 21
9. An application for an absentee ballot by an 178
interstate former resident shall be received in the office 179
of the election authority where the applicant was formerly 180
registered by 5:00 p.m. on the second Wednesday immediately 181
prior to the election, unless the application is made in 182
person by the applicant in the office of the election 183
authority, in which case such application shall be made no 184
later than 7:00 p.m. on the day of the election. 185
115.287. 1. Upon receipt of a signed application for 1
an absentee ballot and if satisfied the applicant is 2
155
156
157
158
(1) Before becoming a resident of this election
jurisdiction, I resided at ______ (residence
address) in ______ (town, township, village or
city) of ______ county in the state of ______;
159
160
(2) I moved to this election jurisdiction after the
last day to register to vote in such election;
161
162
163
(3) I believe I am entitled pursuant to the laws of
this state to vote in the election to be held
______ (date);
164
165
166
167
168
(4) I hereby make application for an absentee
ballot for candidates and issues on which I am
entitled to vote pursuant to the laws of this
state. I have not voted and shall not vote
other than by this ballot at such election.
169 Signed __________________
170 (Applicant)
171 __________________
172 (Residence Address)
173
174
Subscribed and sworn to before me this ______ day
of ______, ______
175 Signed __________________
176
177
(Title and name of officer authorized to
administer oaths)"
SB 907 22
entitled to vote by absentee ballot, the election authority 3
shall, within three working days after receiving the 4
application, or if absentee ballots are not available at the 5
time the application is received, within five working days 6
after they become available, deliver to the voter an 7
absentee ballot, ballot envelope and such instructions as 8
are necessary for the applicant to vote. For applications 9
for an absentee ballot to vote in a primary election, the 10
election authority shall only deliver to the voter the 11
ballot that corresponds to the established political party 12
with which the voter is aff iliated, according to his or her 13
voter registration, or, if the voter is unaffiliated, the 14
unaffiliated ballot. Delivery shall be made to the voter 15
personally in the office of the election authority or by 16
bipartisan teams appointed by the election aut hority, or by 17
first class, registered, or certified mail at the discretion 18
of the election authority, or in the case of a covered voter 19
as defined in section 115.902, the method of transmission 20
prescribed in section 115.914. Where the election authori ty 21
is a county clerk, the members of bipartisan teams 22
representing the political party other than that of county 23
clerk shall be selected from a list of persons submitted to 24
the county clerk by the county chairman of that party. If 25
no list is provided by the time that absentee ballots are to 26
be made available, the county clerk may select a person or 27
persons from lists provided in accordance with section 28
115.087. If the election authority is not satisfied that 29
any applicant is entitled to vote by a bsentee ballot, it 30
shall not deliver an absentee ballot to the applicant. 31
Within three working days of receiving such an application, 32
the election authority shall notify the applicant and state 33
the reason he or she is not entitled to vote by absentee 34 SB 907 23
ballot. The applicant may file a complaint with the 35
elections division of the secretary of state's office under 36
and pursuant to section 115.219. 37
2. If, after 5:00 p.m. on the second Wednesday before 38
an election, any voter from the jurisdiction h as become 39
hospitalized, becomes confined due to illness or injury, or 40
is confined in an intermediate care facility, residential 41
care facility, or skilled nursing facility, as such terms 42
are defined in section 198.006, in the county in which the 43
jurisdiction is located or in the jurisdiction of an 44
adjacent election authority within the same county, the 45
election authority shall appoint a team to deliver, witness 46
the signing of and return the voter's application and 47
deliver, witness the voting of and return the voter's 48
absentee ballot. In counties with a charter form of 49
government and in cities not within a county, and in each 50
city which has over three hundred thousand inhabitants, and 51
is situated in more than one county, if the election 52
authority receives ten or more applications for absentee 53
ballots from the same address it may appoint a team to 54
deliver and witness the voting and return of absentee 55
ballots by voters residing at that address, except when such 56
addresses are for an apartment bu ilding or other structure 57
wherein individual living units are located, each of which 58
has its own separate cooking facilities. Each team 59
appointed pursuant to this subsection shall consist of two 60
registered voters, one from each major political party. 61
Both members of any team appointed pursuant to this 62
subsection shall be present during the delivery, signing or 63
voting and return of any application or absentee ballot 64
signed or voted pursuant to this subsection. 65 SB 907 24
3. On the mailing and ballot env elopes for each 66
covered voter, the election authority shall stamp 67
prominently in black the words "FEDERAL BALLOT, STATE OF 68
MISSOURI" and "U.S. Postage Paid, 39 U.S.C. Section 3406". 69
4. No information which encourages a vote for or 70
against a candidate or issue shall be provided to any voter 71
with an absentee ballot. 72
115.327. 1. When submitted for filing, each petition 1
for the nomination of an independent candidate or for the 2
formation of a new political party shall be accompa nied by a 3
declaration of candidacy for each candidate to be nominated 4
by the petition or by the party, respectively. The party's 5
duly authorized chairman and treasurer shall also submit a 6
certified complete list of the names and addresses of all 7
their candidates and the office for which each seeks. The 8
party shall nominate its candidates in the manner prescribed 9
in the party's bylaws. If presidential electors are to be 10
nominated, at least one qualified resident of each 11
congressional district sha ll be named as a nominee for 12
presidential elector. The number of candidates to be 13
nominated shall equal the number of electors to which the 14
state is entitled. Each declaration of candidacy for the 15
office of presidential elector shall be in the form p rovided 16
in section 115.399. Each declaration of candidacy for an 17
office other than presidential elector shall state the 18
candidate's full name, residence address, office for which 19
he proposes to be a candidate, the party, if any, upon whose 20
ticket he is to be a candidate and that if nominated and 21
elected he will qualify. Each such declaration shall be in 22
substantially the following form: 23 SB 907 25
Each such declaration shall be subscribed and sworn to by 44
the candidate before the election official accepting the 45
candidate's petition, a notary public or other officer 46
authorized by law to administer oa ths. 47
2. Any person who files a declaration of candidacy as 48
an independent candidate or as the candidate of a new 49
political party for election to an office shall be 50
unaffiliated with any established political party, as 51
evidenced by his or her vote r registration, no later than 52
the twenty-third Tuesday prior to the last Tuesday in 53
February immediately preceding the primary election. 54
24
25
26
27
28
29
30
31
32
33
I, ______, a resident and registered voter of the
______ precinct of the town of ______ or the ______
precinct of the ______ ward of the city of ______, or
the ______ precinct of ______ township of the county
of ______ and the state of Missouri, do announce
myself a candidate for the office of ______ on the
______ ticket, to be voted for at the general
(special) election to be held on the ______ day of
______, 20______, and I further declare that if
nominated and elected I will qualify.
34 __________________ Subscribed and sworn
35
36
Signature of
candidate
to before me this
37 ______ day of
38 ______, 20______
39 __________________ __________________
40 Residence address Signature of election
41 official or officer
42 authorized to
43 administer oaths SB 907 26
115.349. 1. Except as otherwise provided in sections 1
115.361 to 115.383 or sections 115.755 t o 115.785, no 2
candidate's name shall be printed on any official primary 3
ballot unless the candidate has filed a written declaration 4
of candidacy in the office of the appropriate election 5
official by 5:00 p.m. on the last Tuesday in March 6
immediately preceding the primary election. 7
2. No declaration of candidacy for nomination in a 8
primary election shall be accepted for filing prior to 8:00 9
a.m. on the last Tuesday in February immediately preceding 10
the primary election. 11
3. Each declaration of candidacy for nomination in a 12
primary election shall state the candidate's full name, 13
residence address, office for which such candidate proposes 14
to be a candidate, the party ticket on which he or she 15
wishes to be a candidate and that if nominated and elected 16
he or she will qualify. The declaration shall be in 17
substantially the following form: 18
19
20
21
22
23
24
25
26
I, ______, a resident and registered voter of the
county of ______ and the state of Missouri, residing
at ______, do announce myself a candidate for the
office of ______ on the ______ party ticket, to be
voted for at the primary election to be held on the
______ day of ______, ______, and I further declare
that if nominated and elected to such office I will
qualify.
27 __________________ Subscribed and sworn
28
29
Signature of
candidate
to before me this
30 ______ day of
31 ______, ______
32 __________________ __________________ SB 907 27
If the declaration is to be filed in person, it shall be 43
subscribed and sworn to by the candidate before an official 44
authorized to accept his or her declaration of candidacy. 45
If the declaration is to be filed by certified mail pursuant 46
to the provisions of subsection 2 of section 115.355, it 47
shall be subscribed and sworn to by the candidate before a 48
notary public or other officer authorized by law to 49
administer oaths. 50
4. Any person who files a d eclaration of candidacy as 51
a party candidate for nomination or election to an office 52
shall be affiliated with that political party, as evidenced 53
by his or her voter registration, no later than the twenty - 54
third Tuesday prior to the last Tuesday in Febru ary 55
immediately preceding the primary election. 56
115.351. [No person who files as a party candidate for 1
nomination or election to an office shall, without 2
withdrawing, file as another party's candidate or an 3
independent candidate f or nomination or election to the 4
office for the same term. No person who files as an 5
independent candidate for election to an office shall, 6
33 Residence address Signature of election
34
35
official or other
officer
36 authorized to
37 administer oaths
38 __________________
39
40
Mailing address (if different)
41 __________________
42 Telephone Number (Optional) SB 907 28
without withdrawing, file as a party candidate for 7
nomination or election to the office for the same term. ] No 8
person shall file for one office and, without withdrawing, 9
file for another office to be filled at the same election. 10
A person who files a request to be included on the 11
presidential primary ballot is not prohibited by this 12
section from filing or app earing on any ballot as a party 13
candidate for nomination to another office. Receipt by the 14
secretary of state of proper certification of nomination 15
pursuant to subsection 1 of section 115.399 constitutes 16
withdrawal by operation of law pursuant to subs ection 1 of 17
section 115.359 of any presidential or vice presidential 18
nominee from any other office for which such nominee is a 19
candidate at the same election. Any person violating any 20
provision of this section shall be disqualified from running 21
for nomination or election to any office at the primary and 22
general election next succeeding the violation. 23
115.363. 1. Except as provided in section 115.361, a 1
party nominating committee of a political party may select a 2
party candidate for nomination to an office on the primary 3
election ballot in the following cases: 4
(1) If there are no candidates for nomination as the 5
party candidate due to death of all the party's candidates 6
after 5:00 p.m. on the last day in which a person m ay file 7
as a candidate for nomination and at or before 5:00 p.m. on 8
the tenth Tuesday prior to the primary election; 9
(2) If there are no candidates for nomination as the 10
party candidate due to withdrawal after 5:00 p.m. on the 11
last day in which a person may file as a candidate for 12
nomination and at or before 5:00 p.m. on whatever day may be 13
fixed by law as the final date for withdrawing as a 14
candidate for the office; 15 SB 907 29
(3) If there are no candidates for nomination as the 16
party candidate due to death or disqualification of all 17
candidates within seven days prior to the filing deadline 18
and if no person has filed for the party nomination within 19
that time; 20
(4) If there are no candidates for nomination as the 21
party candidate due to disq ualification of all party 22
candidates after 5:00 p.m. on the last day on which a person 23
may file as a candidate for nomination, and at or before 24
5:00 p.m. on the tenth Tuesday prior to the primary 25
election; or 26
(5) If a candidate for the position o f political party 27
committeeman or committeewoman dies or withdraws as provided 28
in subsection 1 or 2 of section 115.359 after the tenth 29
Tuesday prior to the primary election, leaving no candidate. 30
2. Any established political party may select a 31
candidate for nomination, if a candidate who is the 32
incumbent or only candidate dies, is disqualified or 33
withdraws pursuant to subsection 1 or 2 of section 115.359 34
after 5:00 p.m. on the tenth Tuesday prior to the primary 35
election, and at or before 5:00 p.m. on whatever day is 36
fixed by law as the final date for withdrawing as a 37
candidate for the office. 38
3. A party nominating committee may select a party 39
candidate for election to an office on the general election 40
ballot in the following cases: 41
(1) If the person nominated as the party candidate 42
shall die at or before 5:00 p.m. on the tenth Tuesday prior 43
to the general election; 44
(2) If the person nominated as the party candidate is 45
disqualified at or before 5:00 p.m. on the tenth Tues day 46
prior to the general election; 47 SB 907 30
(3) If the person nominated as the party candidate 48
shall withdraw at or before 5:00 p.m. on whatever day may be 49
fixed by law as the final date for withdrawing as a 50
candidate for the office; 51
(4) If a candidate for nomination to an office in 52
which the person is the party's only candidate dies after 53
5:00 p.m. on the tenth Tuesday prior to any primary 54
election, withdraws as provided in subsection 1 of section 55
115.359 after 5:00 p.m. on the tenth Tuesday pri or to any 56
primary election, or is disqualified after 5:00 p.m. on the 57
tenth Tuesday before any primary election. 58
4. If a person nominated as a party's candidate who is 59
unopposed shall die at or before 5:00 p.m. on the tenth 60
Tuesday prior to the g eneral election, is disqualified at or 61
before 5:00 p.m. on the tenth Tuesday prior to the general 62
election, or shall withdraw at or before 5:00 p.m. on 63
whatever day may be fixed by law as the final date for 64
withdrawing as a candidate for the office, th e party 65
nominating committee for any established political party may 66
select a party candidate. 67
5. A party nominating committee may select a party 68
candidate for election to an office in the following cases: 69
(1) For an election called to fill a vacancy in an 70
office; 71
(2) For an election held pursuant to the provisions of 72
section 105.030 to fill an unexpired term resulting from a 73
vacancy in an office that occurs within fourteen days prior 74
to the filing deadline for the primary election and not 75
later than the tenth Tuesday prior to the general election. 76
If such vacancy occurs prior to the fourteenth day before 77
the filing deadline for a primary election, filing for the 78 SB 907 31
office shall be as provided for in sections 115.307 to 79
115.359. 80
6. Any party candidate selected by a party nominating 81
committee pursuant to this section shall be affiliated with 82
the political party of the committee, as evidenced by his or 83
her voter registration. 84
115.395. 1. At each primary election, there shall be 1
as many separate ballots as there are established political 2
parties entitled to participate in the election. 3
Additionally, there shall be a separate ballot for 4
unaffiliated voters which shall contain only ballot measures 5
and nonpartisan candidates submitted by political 6
subdivisions and special districts. 7
2. The names of the candidates for each office on each 8
party ballot shall be listed in the order in which they are 9
filed, except that, in the case of candidates who file a 10
declaration of candidacy with the secretary of state prior 11
to 5:00 p.m. on the first day for filing, the secretary of 12
state shall determine by random drawing the order in which 13
such candidates' names shall appear on the ballot. The 14
drawing shall be conducted so that each candidate, or 15
candidate's representative if the candidate filed under 16
subsection 2 of section 115.355, may draw a number at random 17
at the time of filing. The secretary of state shall record 18
the number drawn with the candid ate's declaration of 19
candidacy. The names of candidates filing on the first day 20
for filing for each office on each party ballot shall be 21
listed in ascending order of the numbers so drawn. For the 22
purposes of this subsection, the election authority 23
responsible for oversight of the filing of candidates, other 24
than candidates that file with the secretary of state, shall 25
clearly designate where candidates, or a candidate's 26 SB 907 32
representative if the candidate filed under subsection 2 of 27
section 115.355, shall form a line to effectuate such 28
filings and determine the order of such filings; except 29
that, in the case of candidates who file a declaration of 30
candidacy with the election authority prior to 5:00 p.m. on 31
the first day for filing, the election aut hority may 32
determine by random drawing the order in which such 33
candidates' names shall appear on the ballot. If a drawing 34
is conducted pursuant to this subsection, it shall be 35
conducted so that each candidate, or candidate's 36
representative if the can didate filed under subsection 2 of 37
section 115.355, may draw a number at random at the time of 38
filing. If such drawing is conducted, the election 39
authority shall record the number drawn with the candidate's 40
declaration of candidacy. If such drawing is conducted, the 41
names of candidates filing on the first day for filing for 42
each office on each party ballot shall be listed in 43
ascending order of the numbers so drawn. 44
3. Insofar as applicable, the provisions of sections 45
115.237 and 115.245 shal l apply to each ballot prepared for 46
a primary election, except that the ballot information may 47
be placed in vertical or horizontal rows, no circle shall 48
appear under any party name and no write -in lines shall 49
appear under the name of any office for whi ch a candidate is 50
to be nominated at the primary. At a primary election, 51
write-in votes shall be counted only for persons who can be 52
elected to an office at the primary. 53
115.397. 1. In each primary election, each voter 1
shall be entitled to receive the ballot of [one and only 2
one] the established political party[, designated by the 3
voter before receiving his ballot ] with which such voter is 4
affiliated, as evidenced by his or her voter registration. 5 SB 907 33
Any voter who has chosen to b e unaffiliated shall only be 6
permitted to cast an unaffiliated ballot . 7
2. Each voter who participates in a party primary 8
shall be entitled to vote on all questions and for any 9
nonpartisan candidates submitted by political subdivisions 10
and special districts at the primary election. Each voter 11
who does not wish to participate in a party primary may vote 12
on all questions and for any nonpartisan candidates 13
submitted by a political subdivision or special district at 14
the primary election. 15
115.398. 1. For any person who was registered to vote 1
in this state as of August 28, 2022, if such person 2
thereafter casts a ballot on a primary election day or a 3
presidential preference primary election day before 4
September 1, 2024, such person may pick any ballot and the 5
election authority shall note the ballot designated and cast 6
by such person and make a notation on the person's voter 7
registration as follows: 8
(1) If the person participates in a party primary by 9
designating the ballot of an established political party, 10
then the election authority shall make a notation on the 11
person's voter registration to reflect that he or she is 12
affiliated with such party; 13
(2) If the person participates in the nonpartisan 14
primary by designating the unaffiliated ballot with only 15
questions and nonpartisan candidates, then the election 16
authority shall make a notation on the person's voter 17
registration to reflect that he or she is unaffiliated. 18
2. For any person who cast s a ballot on a primary 19
election day or a presidential preference primary election 20
day after August 28, 2022, but before September 1, 2024, the 21
notation made by the election authority pursuant to 22 SB 907 34
subsection 1 of this section at the last primary electio n or 23
presidential preference primary at which the person casts a 24
ballot shall dictate such person's political party 25
affiliation or unaffiliation for all primary elections and 26
presidential preference primary elections held after 27
September 1, 2024. 28
115.409. Except election authority personnel, election 1
judges, watchers and challengers appointed pursuant to 2
section 115.105 or 115.107, law enforcement officials at the 3
request of election officials or in the line of duty, minor 4
children under the age of eighteen accompanying an adult who 5
is in the process of voting, international observers who 6
have registered as such with the election authority, persons 7
designated by the election authority to administer a 8
simulated youth elec tion for persons ineligible to vote 9
because of their age, members of the news media who present 10
identification satisfactory to the election judges and who 11
are present only for the purpose of bona fide news coverage 12
except as provided in subdivision (18 ) of section 115.637, 13
provided that such coverage does not disclose how any voter 14
cast the voter's ballot on any question or candidate [or in 15
the case of a primary election on which party ballot they 16
voted] or does not interfere with the general conduc t of the 17
election as determined by the election judges or election 18
authority, and registered voters who are eligible to vote at 19
the polling place, no person shall be admitted to a polling 20
place. 21
115.429. 1. The election judges shal l not permit any 1
person to vote unless satisfied that such person is the 2
person whose name appears on the precinct register. 3
2. The identity or qualifications of any person 4
offering to vote may be challenged by any election authority 5 SB 907 35
personnel, any registered voter, or any duly authorized 6
challenger at the polling place. No person whose right to 7
vote is challenged shall receive a ballot until his or her 8
identity and qualifications have been established. 9
3. Any question of doubt concernin g the identity or 10
qualifications of a voter shall be decided by a majority of 11
the judges from the major political parties. If such 12
election judges decide not to permit a person to vote 13
because of doubt as to his or her identity or 14
qualifications, the person may apply to the election 15
authority as provided in section 115.193 or file a complaint 16
with the elections division of the secretary of state's 17
office under and pursuant to section 115.219. 18
4. If the election judges cannot reach a decision on 19
the identity or qualifications of any person, the question 20
shall be decided by the election authority. 21
5. The election judges or the election authority may 22
require any person whose right to vote is challenged to 23
execute an affidavit affirming his or her qualifications. 24
The election authority shall furnish to the election judges 25
a sufficient number of blank affidavits of qualification, 26
and the election judges shall enter any appropriate 27
information or comments under the title "Remarks" whic h 28
shall appear at the bottom of the affidavit. All executed 29
affidavits of qualification shall be returned to the 30
election authority with the other election supplies. Any 31
person who makes a false affidavit of qualification shall be 32
guilty of a class one election offense. 33
6. In the case of any primary election, the election 34
judges shall determine whether the voter's political party 35
affiliation is the same as the political party holding the 36
primary election. 37 SB 907 36
115.770. The conduct of the presidential preference 1
primary election and the count and canvass of the votes cast 2
therein shall conform as nearly as is practicable to that 3
prescribed for the conduct of the primary election for state 4
officers. All primary election laws not inconsistent with 5
the provisions of sections 115.750 to 115.785 shall be 6
applicable to the conduct of this election, and the form of 7
the ballot insofar as is practicable shall be substantially 8
as that prescribed by section 115.395. In a presidential 9
preference primary, each voter shall be entitled to receive 10
only the ballot of [one and only one established political 11
party, designated by the voter before receiving such voter's 12
ballot] the political party with which such voter is 13
affiliated, as evidenced by his or her voter registration . 14
Each voter who participates in a presidential preference 15
primary shall be entitled to vote on all questions and for 16
any candidates submitted by political subdivisions and 17
special districts at the general mu nicipal election. Each 18
voter who does not wish to participate in a presidential 19
preference primary may vote on all questions and for any 20
candidates submitted by a political subdivision or special 21
district at the general municipal election. 22
Section B. The repeal and reenactment of sections 1
115.137, 115.155, 115.157, 115.163, 115.225, 115.249, 2
115.279, 115.287, 115.327, 115.349, 115.351, 115.363, 3
115.395, 115.397, 115.409, 115.429, and 115.770 of this act 4
shall become effective Ja nuary 1, 2025. 5