Missouri 2022 Regular Session

Missouri Senate Bill SB907 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	SECOND REGULAR SESSION
5	5	SENATE BILL NO. 907
6	6	101ST GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR KOENIG.
8	8	3569S.01I ADRIANE D. CROUSE, Secretary
9	9	AN ACT
10	10	To repeal sections 115.137, 115.155, 115.157, 115.163, 115.225, 115.249, 115.279, 115.287,
11	11	115.327, 115.349, 115.351, 115.363, 115.395, 115.397, 115.409, 115.429, and
12	12	115.770, RSMo, and to enact in lieu thereof nineteen new sections relating to elections,
13	13	with penalty provisions and a delayed effective date for certain sections.
14	14
15	15	Be it enacted by the General Assembly of the State of Missouri, as follows:
16	16	Section A. Sections 115.137, 115.155, 115.157, 115.163, 1
17	17	115.225, 115.249, 115.279, 115.287, 115.327, 115.349, 115.351, 2
18	18	115.363, 115.395, 115.397, 115.409, 115.429, and 115.770, RSMo, 3
19	19	are repealed and nineteen n ew sections enacted in lieu thereof, 4
20	20	to be known as sections 115.137, 115.155, 115.157, 115.163, 5
21	21	115.168, 115.225, 115.249, 115.279, 115.287, 115.327, 115.349, 6
22	22	115.351, 115.363, 115.395, 115.397, 115.398, 115.409, 115.429, 7
23	23	and 115.770, to read as follows:8
24	24	115.137. 1. Except as provided in subsection 2 of 1
25	25	this section, any citizen who is entitled to register and 2
26	26	vote shall be entitled to register for and vote pursuant to 3
27	27	the provisions of this chapter in all statewide public 4
28	28	elections and all pub lic elections held for districts and 5
29	29	political subdivisions within which he resides. 6
30	30	2. Any person who and only persons who fulfill the 7
31	31	ownership requirements shall be entitled to vote in 8
32	32	elections for which ownership of real property is required 9
33	33	by law for voting. 10 SB 907 2
34	34	3. Notwithstanding any other provision of law to the 11
35	35	contrary, no person shall be entitled to vote in a primary 12
36	36	election or a presidential preference primary of an 13
37	37	established political party unless he or she is affiliated 14
38	38	with such party, as evidenced by his or her voter 15
39	39	registration. 16
40	40	115.155. 1. The election authority shall provide for 1
41	41	the registration of each voter. Each application shall be 2
42	42	in substantially the following form: 3
43	43	4 APPLICATION FOR REGISTRATION
44	44	5 Are you a citizen of the United States?
45	45	6 □ YES □ NO
46	46	7
47	47	8
48	48	Will you be 18 years of age on or before election
49	49	day?
50	50
51	51	9 □ YES □ NO
52	52	10
53	53	11
54	54	IF YOU CHECKED "NO" IN RESPONSE TO EITHER OF THESE
55	55	QUESTIONS, DO NOT COMPLETE THIS FORM.
56	56
57	57	12
58	58	13
59	59	14
60	60	15
61	61	16
62	62	17
63	63	18
64	64	19
65	65	20
66	66	21
67	67	IF YOU ARE SUBMITTING THIS FORM BY MAIL AND ARE
68	68	REGISTERING FOR THE FIRST TIME, PLEASE SUBMIT A
69	69	COPY OF A CURRENT, VALID PHOTO IDENTIFICATION. IF
70	70	YOU DO NOT SUBMIT SUCH INFORMATION, YOU WILL BE
71	71	REQUIRED TO PRESENT ADDITIONAL IDENTIFICATION UPON
72	72	VOTING FOR THE FIRST TIME SUCH AS A BIRTH
73	73	CERTIFICATE, A NATIVE AMERICAN TRIBAL DOCUMENT,
74	74	OTHER PROOF OF UNITED STATES CITIZENSHIP, A VALID
75	75	MISSOURI DRIVERS LICENSE OR OTHER FORM OF PERSONAL
76	76	IDENTIFICATION.
77	77
78	78	22 __________________
79	79	23 Township (or Ward)
80	80	24 __________________ __________________
81	81	25 Name Precinct
82	82	26 __________________ __________________
83	83	27 Home Address Required Personal SB 907 3
84	84	28 Identification
85	85	29 Information
86	86	30 __________________
87	87	31 City ZIP
88	88	32 __________________ __________________
89	89	33 Date of Birth Place of Birth
90	90	34 (Optional)
91	91	35 __________________ __________________
92	92	36 Telephone Number Mother's Maiden
93	93	37 (Optional) Name (Optional)
94	94	38 __________________ __________________
95	95	39
96	96	40
97	97	Occupation
98	98	(Optional)
99	99	Last Place
100	100	Previously
101	101
102	102	41 Registered
103	103	42 __________________ __________________
104	104	43 Last four digits of Under What Name
105	105	44
106	106	45
107	107	46
108	108	47
109	109	48
110	110	49
111	111	50
112	112	Social Security
113	113	Number (Required
114	114	for registration
115	115	unless no Social
116	116	Security number
117	117	exists for
118	118	Applicant)
119	119
120	120	51
121	121	52
122	122	53
123	123	54
124	124	55
125	125	56
126	126	57
127	127	58
128	128	59
129	129	60
130	130	61
131	131	62
132	132	Political Party
133	133	Affiliation
134	134	(Optional.
135	135	However, if you
136	136	make a designation,
137	137	you will only be
138	138	allowed to vote for
139	139	candidates of the
140	140	designated
141	141	political party in
142	142	primary elections.
143	143	If you do not make
144	144	SB 907 4
145	145	2. The options for political party affiliation 92
146	146	required by the application described in subsection 1 of 93
147	147	this section shall include all established political parties 94
148	148	and an option for unaffiliation. If an applicant does not 95
149	149	choose a political party affiliatio n or unaffiliation, the 96
150	150	63
151	151	64
152	152	65
153	153	66
154	154	67
155	155	68
156	156	69
157	157	a designation, you
158	158	will be designated
159	159	as unaffiliated and
160	160	may only cast a
161	161	nonpartisan ballot
162	162	at a primary
163	163	election.)
164	164	70 Remarks: __________________
165	165	71 When
166	166	72
167	167	73
168	168	74
169	169	75
170	170	76
171	171	77
172	172	78
173	173	79
174	174	80
175	175	I am a citizen of the United States and a resident
176	176	of the state of Missouri. I have not been adjudged
177	177	incapacitated by any court of law. If I have been
178	178	convicted of a felony or of a misdemeanor connected
179	179	with the right of suffrage, I have had the voting
180	180	disabilities resulting from such conviction removed
181	181	pursuant to law. I do solemnly swear that all
182	182	statements made on this card are true to the best
183	183	of my knowledge and belief.
184	184
185	185	81
186	186	82
187	187	83
188	188	84
189	189	85
190	190	86
191	191	87
192	192	I UNDERSTAND THAT IF I REGISTER TO VOTE KNOWING
193	193	THAT I AM NOT LEGALLY ENTITLED TO REGISTER, I AM
194	194	COMMITTING A CLASS ONE ELECTION OFFENSE AND MAY BE
195	195	PUNISHED BY IMPRISONMENT OF NOT MORE THAN FIVE
196	196	YEARS OR BY A FINE OF BETWEEN TWO THOUSAND FIVE
197	197	HUNDRED DOLLARS AND TEN THOUSAND DOLLARS OR BY BOTH
198	198	SUCH IMPRISONMENT AND FINE.
199	199
200	200	88 __________________ __________________
201	201	89 Signature of Voter Date
202	202	90 __________________
203	203	91 Signature of Election Official SB 907 5
204	204	election authority shall mark the applicant's form as 97
205	205	unaffiliated. 98
206	206	3. After supplying all information necessary for the 99
207	207	registration records, each applicant who appears in person 100
208	208	before the election authority shall swear or affirm the 101
209	209	statements on the registration application by signing his or 102
210	210	her full name, witnessed by the signature of the election 103
211	211	authority or such authority's deputy registration official. 104
212	212	Each applicant who applies to register by mail pursuant t o 105
213	213	section 115.159, or pursuant to section 115.160 or 115.162, 106
214	214	shall attest to the statements on the application by his or 107
215	215	her signature. 108
216	216	[3.] 4. Upon receipt by mail of a completed and signed 109
217	217	voter registration application, a voter registration 110
218	218	application forwarded by the division of motor vehicle and 111
219	219	drivers licensing of the department of revenue pursuant to 112
220	220	section 115.160, or a voter registration agency pursuant to 113
221	221	section 115.162, the election authority shall, if satisfied 114
222	222	that the applicant is entitled to register, transfer all 115
223	223	data necessary for the registration records from the 116
224	224	application to its registration system. Within seven 117
225	225	business days after receiving the application, the election 118
226	226	authority shall send the applicant a verif ication notice. 119
227	227	If such notice is returned as undeliverable by the postal 120
228	228	service within the time established by the election 121
229	229	authority, the election authority shall not place the 122
230	230	applicant's name on the voter registration file. 123
231	231	[4.] 5. If, upon receipt by mail of a voter 124
232	232	registration application or a voter registration application 125
233	233	forwarded pursuant to section 115.160 or 115.162, the 126
234	234	election authority determines that the applicant is not 127
235	235	entitled to register, such authority shall, within se ven 128 SB 907 6
236	236	business days after receiving the application, so notify the 129
237	237	applicant by mail and state the reason such authority has 130
238	238	determined the applicant is not qualified. The applicant 131
239	239	may file a complaint with the elections division of the 132
240	240	secretary of state's office under and pursuant to section 133
241	241	115.219. If an applicant for voter registration fails to 134
242	242	answer the question on the application concerning United 135
243	243	States citizenship, the election authority shall notify the 136
244	244	applicant of the failure and prov ide the applicant with an 137
245	245	opportunity to complete the form in a timely manner to allow 138
246	246	for the completion of the registration form before the next 139
247	247	election. 140
248	248	[5.] 6. The secretary of state shall prescribe 141
249	249	specifications for voter registration docu ments so that they 142
250	250	are uniform throughout the state of Missouri and comply with 143
251	251	the National Voter Registration Act of 1993, including the 144
252	252	reporting requirements, and so that registrations, name 145
253	253	changes and transfers of registrations within the state m ay 146
254	254	take place as allowed by law. 147
255	255	[6.] 7. All voter registration applications shall be 148
256	256	preserved in the office of the election authority. 149
257	257	115.157. 1. The election authority may place all 1
258	258	information on any registration cards in computerized form 2
259	259	in accordance with section 115.158. No election authority 3
260	260	or secretary of state shall furnish to any member of the 4
261	261	public electronic media or printout showing any registration 5
262	262	information, except as provided in this section. Except as 6
263	263	provided in subsection 2 of this section, the election 7
264	264	authority or secretary of state shall make available 8
265	265	electronic media or printouts showing unique voter 9
266	266	identification numbers, voters' names, dates of birth, 10
267	267	addresses, townships or wards, and precincts. Electronic 11 SB 907 7
268	268	data shall be maintained in at least the following separate 12
269	269	fields: 13
270	270	(1) Voter identification number; 14
271	271	(2) First name; 15
272	272	(3) Middle initial; 16
273	273	(4) Last name; 17
274	274	(5) Suffix; 18
275	275	(6) Street number; 19
276	276	(7) Street direction; 20
277	277	(8) Street name; 21
278	278	(9) Street suffix; 22
279	279	(10) Apartment number; 23
280	280	(11) City; 24
281	281	(12) State; 25
282	282	(13) Zip code; 26
283	283	(14) Township; 27
284	284	(15) Ward; 28
285	285	(16) Precinct; 29
286	286	(17) Senatorial district; 30
287	287	(18) Representative district; 31
288	288	(19) Congressional district ; and 32
289	289	(20) Political party affiliation or unaffiliation . 33
290	290	2. All election authorities shall enter voter history 34
291	291	in their computerized registration systems and shall, not 35
292	292	more than six months after the election, forward such data 36
293	293	to the Missouri voter registration system established in 37
294	294	section 115.158. In addition, election authorities shall 38
295	295	forward registration and other data in a manner prescribed 39
296	296	by the secretary of state to comply with the Help America 40
297	297	Vote Act of 2002. 41
298	298	3. Except as provided in subsection 6 of this section, 42
299	299	the election authority shall furnish, for a fee, electronic 43 SB 907 8
300	300	media or a printout showing the names, dates of birth [and], 44
301	301	addresses, and political part y affiliations or 45
302	302	unaffiliations of voters, or any part thereof, within the 46
303	303	jurisdiction of the election authority who voted in any 47
304	304	specific election, including primary elections, by township, 48
305	305	ward or precinct, provided that nothing in this chapter 49
306	306	shall require such voter information to be released to the 50
307	307	public over the internet. 51
308	308	4. Except as provided in subsection 6 of this section, 52
309	309	upon a request by a candidate, a duly authorized 53
310	310	representative of a campaign committee, or a political party 54
311	311	committee, the secretary of state shall furnish, for a fee 55
312	312	determined by the secretary of state and in compliance with 56
313	313	section 610.026, media in an electronic format or, if so 57
314	314	requested, in a printed format, showing the names, 58
315	315	addresses, [and] voter identification numbers , and political 59
316	316	party affiliations or unaffiliations of voters within the 60
317	317	jurisdiction of a specific election authority who applied 61
318	318	for an absentee ballot under section 115.279 for any 62
319	319	specific election involving a ballot measure or an office 63
320	320	for which the declaration of candidacy is required to be 64
321	321	filed with the secretary of state pursuant to section 65
322	322	115.353, including primary elections, by township, ward, or 66
323	323	precinct. Nothing in this section shall require such voter 67
324	324	information to be released to the public over the internet. 68
325	325	For purposes of this section, the terms "candidate", 69
326	326	"campaign committee", and "political party committee" shall 70
327	327	have the same meaning given to such terms in section 130.011. 71
328	328	5. The amount of fees charged for information provided 72
329	329	in this section shall be established pursuant to chapter 73
330	330	610. All revenues collected by the secretary of state 74
331	331	pursuant to this section shall be deposited in the state 75 SB 907 9
332	332	treasury and credited to the secretary of stat e's technology 76
333	333	trust fund account established pursuant to section 28.160. 77
334	334	In even-numbered years, each election authority shall, upon 78
335	335	request, supply the voter registration list for its 79
336	336	jurisdiction to all candidates and party committees for a 80
337	337	charge established pursuant to chapter 610. Except as 81
338	338	provided in subsection 6 of this section, all election 82
339	339	authorities shall make the information described in this 83
340	340	section available pursuant to chapter 610. Any election 84
341	341	authority who fails to comply with the requirements of this 85
342	342	section shall be subject to the provisions of chapter 610. 86
343	343	6. Any person working as an undercover officer of a 87
344	344	local, state or federal law enforcement agency, persons in 88
345	345	witness protection programs, and victims of domesti c 89
346	346	violence and abuse who have received orders of protection 90
347	347	pursuant to chapter 455 shall be entitled to apply to the 91
348	348	circuit court having jurisdiction in his or her county of 92
349	349	residence to have the residential address on his or her 93
350	350	voter registration records closed to the public if the 94
351	351	release of such information could endanger the safety of the 95
352	352	person. Any person working as an undercover agent or in a 96
353	353	witness protection program shall also submit a statement 97
354	354	from the chief executive officer of the agency under whose 98
355	355	direction he or she is serving. The petition to close the 99
356	356	residential address shall be incorporated into any petition 100
357	357	for protective order provided by circuit clerks pursuant to 101
358	358	chapter 455. If satisfied that the person filing the 102
359	359	petition meets the qualifications of this subsection, the 103
360	360	circuit court shall issue an order to the election authority 104
361	361	to keep the residential address of the voter a closed record 105
362	362	and the address may be used only for the purposes of 106
363	363	administering elections pursuant to this chapter. The 107 SB 907 10
364	364	election authority may require the voter who has a closed 108
365	365	residential address record to verify that his or her 109
366	366	residential address has not changed or to file a change of 110
367	367	address and to affirm that the reasons conta ined in the 111
368	368	original petition are still accurate prior to receiving a 112
369	369	ballot. A change of address within an election authority's 113
370	370	jurisdiction shall not require that the voter file a new 114
371	371	petition. Any voter who no longer qualifies pursuant to 115
372	372	this subsection to have his or her residential address as a 116
373	373	closed record shall notify the circuit court. Upon such 117
374	374	notification, the circuit court shall void the order closing 118
375	375	the residential address and so notify the election authority. 119
376	376	115.163. 1. Each election authority shall use the 1
377	377	Missouri voter registration system established by section 2
378	378	115.158 to prepare a list of legally registered voters for 3
379	379	each precinct. The list shall be arranged alphabetically or 4
380	380	by street address as th e election authority determines and 5
381	381	shall be known as the precinct register. The precinct 6
382	382	registers shall be kept by the election authority in a 7
383	383	secure place, except when given to election judges for use 8
384	384	at an election. Except as provided in subsecti on 6 of 9
385	385	section 115.157, all registration records shall be open to 10
386	386	inspection by the public at all reasonable times. 11
387	387	2. A new precinct register shall be prepared by the 12
388	388	election authority prior to each election. 13
389	389	3. (1) The election authorit y shall send to each 14
390	390	voter, except those who registered by mail and have not 15
391	391	voted, a voter identification card no later than ninety days 16
392	392	prior to the date of a primary or general election for 17
393	393	federal office, unless the voter has received such a card 18
394	394	during the preceding six months. The election authority 19
395	395	shall send to each voter who registered by mail and has not 20 SB 907 11
396	396	voted the verification notice required under section 115.155 21
397	397	no later than ninety days prior to the date of a primary or 22
398	398	general election for federal office. 23
399	399	(2) The voter identification card shall contain the 24
400	400	voter's name, address, [and] precinct, and political party 25
401	401	affiliation or unaffiliation . The card also shall inform 26
402	402	the voter of the personal identification requirement in 27
403	403	section 115.427 and may also contain other voting 28
404	404	information at the discretion of the election authority. 29
405	405	(3) The voter identification card shall be sent to a 30
406	406	voter, except those who registered by mail and have not 31
407	407	voted, after a new registrati on or a change of address. If 32
408	408	any voter, except those who registered by mail and have not 33
409	409	voted, shall lose his or her voter identification card or 34
410	410	change political party affiliation or unaffiliation , he or 35
411	411	she may request a new [one] card from the election authority. 36
412	412	(4) The voter identification card authorized pursuant 37
413	413	to this section may be used as a canvass of voters in lieu 38
414	414	of the provisions set out in sections 115.179 to 115.193. 39
415	415	(5) Except as provided in subsection 2 of section 40
416	416	115.157, anyone, upon request and payment of a reasonable 41
417	417	fee, may obtain a printout, list and/or computer tape of 42
418	418	those newly registered voters or voters deleted from the 43
419	419	voting rolls, since the last canvass or updating of the 44
420	420	rolls. 45
421	421	(6) The election authority may authorize the use of 46
422	422	the postal service contractors under the federal National 47
423	423	Change of Address program to identify those voters whose 48
424	424	address is not correct on the voter registration records. 49
425	425	The election authority shall not be req uired to mail a voter 50
426	426	registration card to those voters whose addresses are 51
427	427	incorrect. Confirmation notices to such voters required by 52 SB 907 12
428	428	section 115.193 shall be sent to the corrected address 53
429	429	provided by the National Change of Address program. 54
430	430	115.168. 1. (1) If a registered voter chooses to 1
431	431	change his or her political party affiliation, the voter may 2
432	432	notify the election authority of such change. Any change of 3
433	433	political party affiliation shall be made by signed, writte n 4
434	434	notice in substantially the same manner as a change of 5
435	435	address application is filed pursuant to section 115.165. 6
436	436	(2) Except as otherwise provided in subdivision (3) of 7
437	437	this subsection, beginning January 1, 2025, if a registered 8
438	438	voter changes his or her political party affiliation within 9
439	439	twenty-three weeks of a primary election of an established 10
440	440	political party, the voter's change of affiliation shall not 11
441	441	be applied by the election authority to his or her voter 12
442	442	registration until after such e lection. A registered voter 13
443	443	may only vote in the primary election of the established 14
444	444	political party with which he or she was affiliated on the 15
445	445	twenty-third Tuesday before such election. 16
446	446	(3) In any year in which a presidential preference 17
447	447	primary is held, a registered voter may change his or her 18
448	448	political party affiliation for purposes of voting in a 19
449	449	primary election no later than fifteen weeks prior to the 20
450	450	primary election. 21
451	451	(4) For purposes of this subsection, the phrase 22
452	452	"change his or her political party affiliation" means 23
453	453	changing affiliation from one established political party to 24
454	454	another established political party, changing from 25
455	455	affiliation with an established political party to 26
456	456	unaffiliated, or changing from unaffiliated to an 27
457	457	established political party. 28
458	458	2. Notwithstanding any provision of this section to 29
459	459	the contrary, any person who was not previously registered 30 SB 907 13
460	460	to vote in this state prior to a primary election or a 31
461	461	presidential preference primary of an established p olitical 32
462	462	party and who submits a voter registration application by 5 33
463	463	p.m. on the fourth Wednesday prior to such an election may 34
464	464	choose a political party affiliation or unaffiliation and 35
465	465	may vote in such election. 36
466	466	3. Any person who was registered to vote in this state 37
467	467	as of August 28, 2022, shall be considered by the election 38
468	468	authority to be unaffiliated with an established political 39
469	469	party unless such person: 40
470	470	(1) Votes in a primary election or a presidential 41
471	471	preference primary of an estab lished political party after 42
472	472	August 28, 2022, but before September 1, 2024, in which case 43
473	473	the election authority shall make a notation on such 44
474	474	person's voter registration pursuant to section 115.398; or 45
475	475	(2) Files a change in political party affili ation form 46
476	476	pursuant to subsection 1 of this section. 47
477	477	115.225. 1. Before use by election authorities in 1
478	478	this state, the secretary of state shall approve the marking 2
479	479	devices and the automatic tabulating equipment used in 3
480	480	electronic voting systems and may promulgate rules and 4
481	481	regulations to implement the intent of sections 115.225 to 5
482	482	115.235. 6
483	483	2. No electronic voting system shall be approved 7
484	484	unless it: 8
485	485	(1) Permits voting in absolute secrecy; 9
486	486	(2) Permits each voter t o vote for as many candidates 10
487	487	for each office as a voter is lawfully entitled to vote for; 11
488	488	(3) Permits each voter to vote for or against as many 12
489	489	questions as a voter is lawfully entitled to vote on, and no 13
490	490	more; 14 SB 907 14
491	491	(4) Provides facilities for e ach voter to cast as many 15
492	492	write-in votes for each office as a voter is lawfully 16
493	493	entitled to cast; 17
494	494	(5) Permits each voter in a primary election to vote 18
495	495	for the candidates of only one party [announced by the voter 19
496	496	in advance]; 20
497	497	(6) Permits each voter at a presidential election to 21
498	498	vote by use of a single mark for the candidates of one party 22
499	499	or group of petitioners for president, vice president and 23
500	500	their presidential electors; 24
501	501	(7) Accurately counts all proper votes cast for each 25
502	502	candidate and for and against each question; 26
503	503	(8) Is set to reject all votes, except write -in votes, 27
504	504	for any office and on any question when the number of votes 28
505	505	exceeds the number a voter is lawfully entitled to cast; 29
506	506	(9) Permits each voter, while vo ting, to clearly see 30
507	507	the ballot label; 31
508	508	(10) Has been tested and is certified by an 32
509	509	independent authority that meets the voting system standards 33
510	510	developed by the Federal Election Commission or its 34
511	511	successor agency. The provisions of this subdivis ion shall 35
512	512	not be required for any system purchased prior to August 28, 36
513	513	2002. 37
514	514	3. The secretary of state shall promulgate rules and 38
515	515	regulations to allow the use of a computerized voting 39
516	516	system. The procedures shall provide for the use of a 40
517	517	computerized voting system with the ability to provide a 41
518	518	paper audit trail. Notwithstanding any provisions of this 42
519	519	chapter to the contrary, such a system may allow for the 43
520	520	storage of processed ballot materials in an electronic form. 44
521	521	4. Any rule or portion of a rule, as that term is 45
522	522	defined in section 536.010, that is created under the 46 SB 907 15
523	523	authority delegated in this section shall become effective 47
524	524	only if it complies with and is subject to all of the 48
525	525	provisions of chapter 536 and, if applicable, section 49
526	526	536.028. This section and chapter 536 are nonseverable and 50
527	527	if any of the powers vested with the general assembly 51
528	528	pursuant to chapter 536 to review, to delay the effective 52
529	529	date or to disapprove and annul a rule are subsequently held 53
530	530	unconstitutional, then the grant of rulemaking authority and 54
531	531	any rule proposed or adopted after August 28, 2002, shall be 55
532	532	invalid and void. 56
533	533	115.249. No voting machine shall be used unless it: 1
534	534	(1) Permits voting in absolute secrecy; 2
535	535	(2) Permits each voter to vote for as many candidates 3
536	536	for each office as he is lawfully entitled to vote for, and 4
537	537	no other; 5
538	538	(3) Permits each voter to vote for or against as many 6
539	539	questions as he is lawfully entitled to vote on, and no more; 7
540	540	(4) Provides facilities for each voter to cast as many 8
541	541	write-in votes for each office as he is lawfully entitled to 9
542	542	cast; 10
543	543	(5) Permits each voter in a primary election to vote 11
544	544	for the candidates of only one party [announced by the voter 12
545	545	in advance]; 13
546	546	(6) Correctly registers or records and accurately 14
547	547	counts all votes cast for each candidate and for and against 15
548	548	each question; 16
549	549	(7) Is provided with a lock or locks which prevent any 17
550	550	movement of the voting or registering mechanism and any 18
551	551	tampering with the mechanism; 19
552	552	(8) Is provided with a protective counter or other 20
553	553	device whereby any operation of the machine before or after 21
554	554	an election will be detected; 22 SB 907 16
555	555	(9) Is provided with a counter which shows at all 23
556	556	times during the election how many people have voted on the 24
557	557	machine; 25
558	558	(10) Is provided with a proper light which enables 26
559	559	each voter, while voting, to clearly see the ballot labels. 27
560	560	115.279. 1. Application for an absentee ballot may be 1
561	561	made by the applicant in person, or by mail, or for the 2
562	562	applicant, in person, by his or her guardian or a relative 3
563	563	within the second degree by consanguinity or affinity. The 4
564	564	election authority shall accept applications by facsimile 5
565	565	transmission and by electronic mail with in the limits of its 6
566	566	telecommunications capacity. 7
567	567	2. Each application shall be made to the election 8
568	568	authority of the jurisdiction in which the person is or 9
569	569	would be registered. Each application shall be in writing 10
570	570	and shall state the applicant's name, address at which he or 11
571	571	she is or would be registered, his or her reason for voting 12
572	572	an absentee ballot, the address to which the ballot is to be 13
573	573	mailed, if mailing is requested, and for absent uniformed 14
574	574	services and overseas applicants, the appli cant's email 15
575	575	address if electronic transmission is requested. If the 16
576	576	reason for the applicant voting absentee is due to the 17
577	577	reasons established under subdivision (6) of subsection 1 of 18
578	578	section 115.277, the applicant shall state the voter's 19
579	579	identification information provided by the address 20
580	580	confidentiality program in lieu of the applicant's name, 21
581	581	address at which he or she is or would be registered, and 22
582	582	address to which the ballot is to be mailed, if mailing is 23
583	583	requested. [Each application to vote in a primary election 24
584	584	shall also state which ballot the applicant wishes to 25
585	585	receive. If any application fails to designate a ballot, 26
586	586	the election authority shall, within three working days 27 SB 907 17
587	587	after receiving the application, notify the applicant by 28
588	588	mail that it will be unable to deliver an absentee ballot 29
589	589	until the applicant designates which political party ballot 30
590	590	he or she wishes to receive. If the applicant does not 31
591	591	respond to the request for political party designation, the 32
592	592	election authority is authorized to provide the voter with 33
593	593	that part of the ballot for which no political party 34
594	594	designation is required. ] 35
595	595	3. [Except as provided in subsection 3 of section 36
596	596	115.281,] All applications for absentee ballots received 37
597	597	prior to the sixth Tue sday before an election shall be 38
598	598	stored at the office of the election authority until such 39
599	599	time as the applications are processed in accordance with 40
600	600	section 115.281. No application for an absentee ballot 41
601	601	received in the office of the election authorit y by mail, by 42
602	602	facsimile transmission, by electronic mail, or by a guardian 43
603	603	or relative after 5:00 p.m. on the second Wednesday 44
604	604	immediately prior to the election shall be accepted by any 45
605	605	election authority. No application for an absentee ballot 46
606	606	submitted by the applicant in person after 5:00 p.m. on the 47
607	607	day before the election shall be accepted by any election 48
608	608	authority, except as provided in subsections 6, 8 and 9 of 49
609	609	this section. 50
610	610	4. Each application for an absentee ballot shall be 51
611	611	signed by the applicant or, if the application is made by a 52
612	612	guardian or relative pursuant to this section, the 53
613	613	application shall be signed by the guardian or relative, who 54
614	614	shall note on the application his or her relationship to the 55
615	615	applicant. If an applicant, guardian or relative is blind, 56
616	616	unable to read or write the English language or physically 57
617	617	incapable of signing the application, he or she shall sign 58
618	618	by mark, witnessed by the signature of an election official 59 SB 907 18
619	619	or person of his or her own choosing. Any person who 60
620	620	knowingly makes, delivers or mails a fraudulent absentee 61
621	621	ballot application shall be guilty of a class one election 62
622	622	offense. 63
623	623	5. (1) Notwithstanding any law to the contrary, any 64
624	624	resident of the state of Missouri who resides outside th e 65
625	625	boundaries of the United States or who is on active duty 66
626	626	with the Armed Forces of the United States or members of 67
627	627	their immediate family living with them may request an 68
628	628	absentee ballot for both the primary and subsequent general 69
629	629	election with one ap plication. 70
630	630	(2) The election authority shall provide each absent 71
631	631	uniformed services voter and each overseas voter who submits 72
632	632	a voter registration application or an absentee ballot 73
633	633	request, if the election authority rejects the application 74
634	634	or request, with the reasons for the rejection. 75
635	635	(3) Notwithstanding any other law to the contrary, if 76
636	636	a standard oath regarding material misstatements of fact is 77
637	637	adopted for uniformed and overseas voters pursuant to the 78
638	638	Help America Vote Act of 2002, the election authority shall 79
639	639	accept such oath for voter registration, absentee ballot, or 80
640	640	other election-related materials. 81
641	641	(4) Not later than sixty days after the date of each 82
642	642	regularly scheduled general election for federal office, 83
643	643	each election authority which administered the election 84
644	644	shall submit to the secretary of state in a format 85
645	645	prescribed by the secretary a report on the combined number 86
646	646	of absentee ballots transmitted to, and returned by, absent 87
647	647	uniformed services voters and overseas v oters for the 88
648	648	election. The secretary shall submit to the Election 89
649	649	Assistance Commission a combined report of such information 90
650	650	not later than ninety days after the date of each regularly 91 SB 907 19
651	651	scheduled general election for federal office and in a 92
652	652	standardized format developed by the commission pursuant to 93
653	653	the Help America Vote Act of 2002. The secretary shall make 94
654	654	the report available to the general public. 95
655	655	(5) As used in this section, the terms "absent 96
656	656	uniformed services voter" and "overseas vot er" shall have 97
657	657	the meaning prescribed in 52 U.S.C. Section 20310. 98
658	658	6. An application for an absentee ballot by a new 99
659	659	resident shall be submitted in person by the applicant in 100
660	660	the office of the election authority in the election 101
661	661	jurisdiction in which such applicant resides. The 102
662	662	application shall be received by the election authority no 103
663	663	later than 7:00 p.m. on the day of the election. Such 104
664	664	application shall be in the form of an affidavit, executed 105
665	665	in duplicate in the presence of the election au thority or 106
666	666	any authorized officer of the election authority, and in 107
667	667	substantially the following form: 108
668	668	109 "STATE OF _________
669	669	110 COUNTY OF _________ , ss.
670	670	111 I, ______, do solemnly swear that:
671	671	112
672	672	113
673	673	114
674	674	115
675	675	(1) Before becoming a resident of this state, I
676	676	resided at ______ (residence address) in ______
677	677	(town, township, village or city) of ______
678	678	County in the state of ______;
679	679
680	680	116
681	681	117
682	682	118
683	683	119
684	684	(2) I moved to this state after the last day to
685	685	register to vote in such general presidential
686	686	election and I am now residing in the county of
687	687	______, state of Missouri;
688	688
689	689	120
690	690	121
691	691	122
692	692	(3) I believe I am entitled pursuant to the laws of
693	693	this state to vote i n the presidential election
694	694	to be held November ______, ______ (year);
695	695
696	696	123
697	697	124
698	698	(4) I hereby make application for a presidential
699	699	and vice presidential ballot. I have not voted
700	700	SB 907 20
701	701	7. The election authority in whose office an 136
702	702	application is filed pursuant to subsection 6 of this 137
703	703	section shall immediately send a duplicate of such 138
704	704	application to the appropriate official of the state in 139
705	705	which the new resident applicant last resided and shall file 140
706	706	the original of such application in its office. 141
707	707	8. An application for an absentee ballot by an 142
708	708	intrastate new resident shall be made in person by the 143
709	709	applicant in the office of the election authority in the 144
710	710	election jurisdiction in which such applicant resides. The 145
711	711	application shall be received by the election authority no 146
712	712	later than 7:00 p.m. on the day of the election. Such 147
713	713	application shall be in the form of an affidavit, executed 148
714	714	in duplicate in the presence of the election authority or an 149
715	715	authorized officer of the election authority, and in 150
716	716	substantially the following form: 151
717	717	125
718	718	126
719	719	and shall not vote other than by this ballot at
720	720	such election.
721	721	127 Signed __________________
722	722	128 (Applicant)
723	723	129 __________________
724	724	130 (Residence Address)
725	725	131
726	726	132
727	727	Subscribed and sworn to before me this ______ day
728	728	of ______, ______
729	729
730	730	133 Signed __________________
731	731	134
732	732	135
733	733	(Title and name of officer authorized to
734	734	administer oaths)"
735	735
736	736	152 "STATE OF ______
737	737	153 COUNTY OF ______, ss.
738	738	154 I, ______, do solemnly swear that: SB 907 21
739	739	9. An application for an absentee ballot by an 178
740	740	interstate former resident shall be received in the office 179
741	741	of the election authority where the applicant was formerly 180
742	742	registered by 5:00 p.m. on the second Wednesday immediately 181
743	743	prior to the election, unless the application is made in 182
744	744	person by the applicant in the office of the election 183
745	745	authority, in which case such application shall be made no 184
746	746	later than 7:00 p.m. on the day of the election. 185
747	747	115.287. 1. Upon receipt of a signed application for 1
748	748	an absentee ballot and if satisfied the applicant is 2
749	749	155
750	750	156
751	751	157
752	752	158
753	753	(1) Before becoming a resident of this election
754	754	jurisdiction, I resided at ______ (residence
755	755	address) in ______ (town, township, village or
756	756	city) of ______ county in the state of ______;
757	757
758	758	159
759	759	160
760	760	(2) I moved to this election jurisdiction after the
761	761	last day to register to vote in such election;
762	762
763	763	161
764	764	162
765	765	163
766	766	(3) I believe I am entitled pursuant to the laws of
767	767	this state to vote in the election to be held
768	768	______ (date);
769	769
770	770	164
771	771	165
772	772	166
773	773	167
774	774	168
775	775	(4) I hereby make application for an absentee
776	776	ballot for candidates and issues on which I am
777	777	entitled to vote pursuant to the laws of this
778	778	state. I have not voted and shall not vote
779	779	other than by this ballot at such election.
780	780
781	781	169 Signed __________________
782	782	170 (Applicant)
783	783	171 __________________
784	784	172 (Residence Address)
785	785	173
786	786	174
787	787	Subscribed and sworn to before me this ______ day
788	788	of ______, ______
789	789
790	790	175 Signed __________________
791	791	176
792	792	177
793	793	(Title and name of officer authorized to
794	794	administer oaths)"
795	795	SB 907 22
796	796	entitled to vote by absentee ballot, the election authority 3
797	797	shall, within three working days after receiving the 4
798	798	application, or if absentee ballots are not available at the 5
799	799	time the application is received, within five working days 6
800	800	after they become available, deliver to the voter an 7
801	801	absentee ballot, ballot envelope and such instructions as 8
802	802	are necessary for the applicant to vote. For applications 9
803	803	for an absentee ballot to vote in a primary election, the 10
804	804	election authority shall only deliver to the voter the 11
805	805	ballot that corresponds to the established political party 12
806	806	with which the voter is aff iliated, according to his or her 13
807	807	voter registration, or, if the voter is unaffiliated, the 14
808	808	unaffiliated ballot. Delivery shall be made to the voter 15
809	809	personally in the office of the election authority or by 16
810	810	bipartisan teams appointed by the election aut hority, or by 17
811	811	first class, registered, or certified mail at the discretion 18
812	812	of the election authority, or in the case of a covered voter 19
813	813	as defined in section 115.902, the method of transmission 20
814	814	prescribed in section 115.914. Where the election authori ty 21
815	815	is a county clerk, the members of bipartisan teams 22
816	816	representing the political party other than that of county 23
817	817	clerk shall be selected from a list of persons submitted to 24
818	818	the county clerk by the county chairman of that party. If 25
819	819	no list is provided by the time that absentee ballots are to 26
820	820	be made available, the county clerk may select a person or 27
821	821	persons from lists provided in accordance with section 28
822	822	115.087. If the election authority is not satisfied that 29
823	823	any applicant is entitled to vote by a bsentee ballot, it 30
824	824	shall not deliver an absentee ballot to the applicant. 31
825	825	Within three working days of receiving such an application, 32
826	826	the election authority shall notify the applicant and state 33
827	827	the reason he or she is not entitled to vote by absentee 34 SB 907 23
828	828	ballot. The applicant may file a complaint with the 35
829	829	elections division of the secretary of state's office under 36
830	830	and pursuant to section 115.219. 37
831	831	2. If, after 5:00 p.m. on the second Wednesday before 38
832	832	an election, any voter from the jurisdiction h as become 39
833	833	hospitalized, becomes confined due to illness or injury, or 40
834	834	is confined in an intermediate care facility, residential 41
835	835	care facility, or skilled nursing facility, as such terms 42
836	836	are defined in section 198.006, in the county in which the 43
837	837	jurisdiction is located or in the jurisdiction of an 44
838	838	adjacent election authority within the same county, the 45
839	839	election authority shall appoint a team to deliver, witness 46
840	840	the signing of and return the voter's application and 47
841	841	deliver, witness the voting of and return the voter's 48
842	842	absentee ballot. In counties with a charter form of 49
843	843	government and in cities not within a county, and in each 50
844	844	city which has over three hundred thousand inhabitants, and 51
845	845	is situated in more than one county, if the election 52
846	846	authority receives ten or more applications for absentee 53
847	847	ballots from the same address it may appoint a team to 54
848	848	deliver and witness the voting and return of absentee 55
849	849	ballots by voters residing at that address, except when such 56
850	850	addresses are for an apartment bu ilding or other structure 57
851	851	wherein individual living units are located, each of which 58
852	852	has its own separate cooking facilities. Each team 59
853	853	appointed pursuant to this subsection shall consist of two 60
854	854	registered voters, one from each major political party. 61
855	855	Both members of any team appointed pursuant to this 62
856	856	subsection shall be present during the delivery, signing or 63
857	857	voting and return of any application or absentee ballot 64
858	858	signed or voted pursuant to this subsection. 65 SB 907 24
859	859	3. On the mailing and ballot env elopes for each 66
860	860	covered voter, the election authority shall stamp 67
861	861	prominently in black the words "FEDERAL BALLOT, STATE OF 68
862	862	MISSOURI" and "U.S. Postage Paid, 39 U.S.C. Section 3406". 69
863	863	4. No information which encourages a vote for or 70
864	864	against a candidate or issue shall be provided to any voter 71
865	865	with an absentee ballot. 72
866	866	115.327. 1. When submitted for filing, each petition 1
867	867	for the nomination of an independent candidate or for the 2
868	868	formation of a new political party shall be accompa nied by a 3
869	869	declaration of candidacy for each candidate to be nominated 4
870	870	by the petition or by the party, respectively. The party's 5
871	871	duly authorized chairman and treasurer shall also submit a 6
872	872	certified complete list of the names and addresses of all 7
873	873	their candidates and the office for which each seeks. The 8
874	874	party shall nominate its candidates in the manner prescribed 9
875	875	in the party's bylaws. If presidential electors are to be 10
876	876	nominated, at least one qualified resident of each 11
877	877	congressional district sha ll be named as a nominee for 12
878	878	presidential elector. The number of candidates to be 13
879	879	nominated shall equal the number of electors to which the 14
880	880	state is entitled. Each declaration of candidacy for the 15
881	881	office of presidential elector shall be in the form p rovided 16
882	882	in section 115.399. Each declaration of candidacy for an 17
883	883	office other than presidential elector shall state the 18
884	884	candidate's full name, residence address, office for which 19
885	885	he proposes to be a candidate, the party, if any, upon whose 20
886	886	ticket he is to be a candidate and that if nominated and 21
887	887	elected he will qualify. Each such declaration shall be in 22
888	888	substantially the following form: 23 SB 907 25
889	889	Each such declaration shall be subscribed and sworn to by 44
890	890	the candidate before the election official accepting the 45
891	891	candidate's petition, a notary public or other officer 46
892	892	authorized by law to administer oa ths. 47
893	893	2. Any person who files a declaration of candidacy as 48
894	894	an independent candidate or as the candidate of a new 49
895	895	political party for election to an office shall be 50
896	896	unaffiliated with any established political party, as 51
897	897	evidenced by his or her vote r registration, no later than 52
898	898	the twenty-third Tuesday prior to the last Tuesday in 53
899	899	February immediately preceding the primary election. 54
900	900	24
901	901	25
902	902	26
903	903	27
904	904	28
905	905	29
906	906	30
907	907	31
908	908	32
909	909	33
910	910	I, ______, a resident and registered voter of the
911	911	______ precinct of the town of ______ or the ______
912	912	precinct of the ______ ward of the city of ______, or
913	913	the ______ precinct of ______ township of the county
914	914	of ______ and the state of Missouri, do announce
915	915	myself a candidate for the office of ______ on the
916	916	______ ticket, to be voted for at the general
917	917	(special) election to be held on the ______ day of
918	918	______, 20______, and I further declare that if
919	919	nominated and elected I will qualify.
920	920
921	921	34 __________________ Subscribed and sworn
922	922	35
923	923	36
924	924	Signature of
925	925	candidate
926	926	to before me this
927	927	37 ______ day of
928	928	38 ______, 20______
929	929	39 __________________ __________________
930	930	40 Residence address Signature of election
931	931	41 official or officer
932	932	42 authorized to
933	933	43 administer oaths SB 907 26
934	934	115.349. 1. Except as otherwise provided in sections 1
935	935	115.361 to 115.383 or sections 115.755 t o 115.785, no 2
936	936	candidate's name shall be printed on any official primary 3
937	937	ballot unless the candidate has filed a written declaration 4
938	938	of candidacy in the office of the appropriate election 5
939	939	official by 5:00 p.m. on the last Tuesday in March 6
940	940	immediately preceding the primary election. 7
941	941	2. No declaration of candidacy for nomination in a 8
942	942	primary election shall be accepted for filing prior to 8:00 9
943	943	a.m. on the last Tuesday in February immediately preceding 10
944	944	the primary election. 11
945	945	3. Each declaration of candidacy for nomination in a 12
946	946	primary election shall state the candidate's full name, 13
947	947	residence address, office for which such candidate proposes 14
948	948	to be a candidate, the party ticket on which he or she 15
949	949	wishes to be a candidate and that if nominated and elected 16
950	950	he or she will qualify. The declaration shall be in 17
951	951	substantially the following form: 18
952	952	19
953	953	20
954	954	21
955	955	22
956	956	23
957	957	24
958	958	25
959	959	26
960	960	I, ______, a resident and registered voter of the
961	961	county of ______ and the state of Missouri, residing
962	962	at ______, do announce myself a candidate for the
963	963	office of ______ on the ______ party ticket, to be
964	964	voted for at the primary election to be held on the
965	965	______ day of ______, ______, and I further declare
966	966	that if nominated and elected to such office I will
967	967	qualify.
968	968
969	969	27 __________________ Subscribed and sworn
970	970	28
971	971	29
972	972	Signature of
973	973	candidate
974	974	to before me this
975	975	30 ______ day of
976	976	31 ______, ______
977	977	32 __________________ __________________ SB 907 27
978	978	If the declaration is to be filed in person, it shall be 43
979	979	subscribed and sworn to by the candidate before an official 44
980	980	authorized to accept his or her declaration of candidacy. 45
981	981	If the declaration is to be filed by certified mail pursuant 46
982	982	to the provisions of subsection 2 of section 115.355, it 47
983	983	shall be subscribed and sworn to by the candidate before a 48
984	984	notary public or other officer authorized by law to 49
985	985	administer oaths. 50
986	986	4. Any person who files a d eclaration of candidacy as 51
987	987	a party candidate for nomination or election to an office 52
988	988	shall be affiliated with that political party, as evidenced 53
989	989	by his or her voter registration, no later than the twenty - 54
990	990	third Tuesday prior to the last Tuesday in Febru ary 55
991	991	immediately preceding the primary election. 56
992	992	115.351. [No person who files as a party candidate for 1
993	993	nomination or election to an office shall, without 2
994	994	withdrawing, file as another party's candidate or an 3
995	995	independent candidate f or nomination or election to the 4
996	996	office for the same term. No person who files as an 5
997	997	independent candidate for election to an office shall, 6
998	998	33 Residence address Signature of election
999	999	34
1000	1000	35
1001	1001	official or other
1002	1002	officer
1003	1003
1004	1004	36 authorized to
1005	1005	37 administer oaths
1006	1006	38 __________________
1007	1007	39
1008	1008	40
1009	1009	Mailing address (if different)
1010	1010	41 __________________
1011	1011	42 Telephone Number (Optional) SB 907 28
1012	1012	without withdrawing, file as a party candidate for 7
1013	1013	nomination or election to the office for the same term. ] No 8
1014	1014	person shall file for one office and, without withdrawing, 9
1015	1015	file for another office to be filled at the same election. 10
1016	1016	A person who files a request to be included on the 11
1017	1017	presidential primary ballot is not prohibited by this 12
1018	1018	section from filing or app earing on any ballot as a party 13
1019	1019	candidate for nomination to another office. Receipt by the 14
1020	1020	secretary of state of proper certification of nomination 15
1021	1021	pursuant to subsection 1 of section 115.399 constitutes 16
1022	1022	withdrawal by operation of law pursuant to subs ection 1 of 17
1023	1023	section 115.359 of any presidential or vice presidential 18
1024	1024	nominee from any other office for which such nominee is a 19
1025	1025	candidate at the same election. Any person violating any 20
1026	1026	provision of this section shall be disqualified from running 21
1027	1027	for nomination or election to any office at the primary and 22
1028	1028	general election next succeeding the violation. 23
1029	1029	115.363. 1. Except as provided in section 115.361, a 1
1030	1030	party nominating committee of a political party may select a 2
1031	1031	party candidate for nomination to an office on the primary 3
1032	1032	election ballot in the following cases: 4
1033	1033	(1) If there are no candidates for nomination as the 5
1034	1034	party candidate due to death of all the party's candidates 6
1035	1035	after 5:00 p.m. on the last day in which a person m ay file 7
1036	1036	as a candidate for nomination and at or before 5:00 p.m. on 8
1037	1037	the tenth Tuesday prior to the primary election; 9
1038	1038	(2) If there are no candidates for nomination as the 10
1039	1039	party candidate due to withdrawal after 5:00 p.m. on the 11
1040	1040	last day in which a person may file as a candidate for 12
1041	1041	nomination and at or before 5:00 p.m. on whatever day may be 13
1042	1042	fixed by law as the final date for withdrawing as a 14
1043	1043	candidate for the office; 15 SB 907 29
1044	1044	(3) If there are no candidates for nomination as the 16
1045	1045	party candidate due to death or disqualification of all 17
1046	1046	candidates within seven days prior to the filing deadline 18
1047	1047	and if no person has filed for the party nomination within 19
1048	1048	that time; 20
1049	1049	(4) If there are no candidates for nomination as the 21
1050	1050	party candidate due to disq ualification of all party 22
1051	1051	candidates after 5:00 p.m. on the last day on which a person 23
1052	1052	may file as a candidate for nomination, and at or before 24
1053	1053	5:00 p.m. on the tenth Tuesday prior to the primary 25
1054	1054	election; or 26
1055	1055	(5) If a candidate for the position o f political party 27
1056	1056	committeeman or committeewoman dies or withdraws as provided 28
1057	1057	in subsection 1 or 2 of section 115.359 after the tenth 29
1058	1058	Tuesday prior to the primary election, leaving no candidate. 30
1059	1059	2. Any established political party may select a 31
1060	1060	candidate for nomination, if a candidate who is the 32
1061	1061	incumbent or only candidate dies, is disqualified or 33
1062	1062	withdraws pursuant to subsection 1 or 2 of section 115.359 34
1063	1063	after 5:00 p.m. on the tenth Tuesday prior to the primary 35
1064	1064	election, and at or before 5:00 p.m. on whatever day is 36
1065	1065	fixed by law as the final date for withdrawing as a 37
1066	1066	candidate for the office. 38
1067	1067	3. A party nominating committee may select a party 39
1068	1068	candidate for election to an office on the general election 40
1069	1069	ballot in the following cases: 41
1070	1070	(1) If the person nominated as the party candidate 42
1071	1071	shall die at or before 5:00 p.m. on the tenth Tuesday prior 43
1072	1072	to the general election; 44
1073	1073	(2) If the person nominated as the party candidate is 45
1074	1074	disqualified at or before 5:00 p.m. on the tenth Tues day 46
1075	1075	prior to the general election; 47 SB 907 30
1076	1076	(3) If the person nominated as the party candidate 48
1077	1077	shall withdraw at or before 5:00 p.m. on whatever day may be 49
1078	1078	fixed by law as the final date for withdrawing as a 50
1079	1079	candidate for the office; 51
1080	1080	(4) If a candidate for nomination to an office in 52
1081	1081	which the person is the party's only candidate dies after 53
1082	1082	5:00 p.m. on the tenth Tuesday prior to any primary 54
1083	1083	election, withdraws as provided in subsection 1 of section 55
1084	1084	115.359 after 5:00 p.m. on the tenth Tuesday pri or to any 56
1085	1085	primary election, or is disqualified after 5:00 p.m. on the 57
1086	1086	tenth Tuesday before any primary election. 58
1087	1087	4. If a person nominated as a party's candidate who is 59
1088	1088	unopposed shall die at or before 5:00 p.m. on the tenth 60
1089	1089	Tuesday prior to the g eneral election, is disqualified at or 61
1090	1090	before 5:00 p.m. on the tenth Tuesday prior to the general 62
1091	1091	election, or shall withdraw at or before 5:00 p.m. on 63
1092	1092	whatever day may be fixed by law as the final date for 64
1093	1093	withdrawing as a candidate for the office, th e party 65
1094	1094	nominating committee for any established political party may 66
1095	1095	select a party candidate. 67
1096	1096	5. A party nominating committee may select a party 68
1097	1097	candidate for election to an office in the following cases: 69
1098	1098	(1) For an election called to fill a vacancy in an 70
1099	1099	office; 71
1100	1100	(2) For an election held pursuant to the provisions of 72
1101	1101	section 105.030 to fill an unexpired term resulting from a 73
1102	1102	vacancy in an office that occurs within fourteen days prior 74
1103	1103	to the filing deadline for the primary election and not 75
1104	1104	later than the tenth Tuesday prior to the general election. 76
1105	1105	If such vacancy occurs prior to the fourteenth day before 77
1106	1106	the filing deadline for a primary election, filing for the 78 SB 907 31
1107	1107	office shall be as provided for in sections 115.307 to 79
1108	1108	115.359. 80
1109	1109	6. Any party candidate selected by a party nominating 81
1110	1110	committee pursuant to this section shall be affiliated with 82
1111	1111	the political party of the committee, as evidenced by his or 83
1112	1112	her voter registration. 84
1113	1113	115.395. 1. At each primary election, there shall be 1
1114	1114	as many separate ballots as there are established political 2
1115	1115	parties entitled to participate in the election. 3
1116	1116	Additionally, there shall be a separate ballot for 4
1117	1117	unaffiliated voters which shall contain only ballot measures 5
1118	1118	and nonpartisan candidates submitted by political 6
1119	1119	subdivisions and special districts. 7
1120	1120	2. The names of the candidates for each office on each 8
1121	1121	party ballot shall be listed in the order in which they are 9
1122	1122	filed, except that, in the case of candidates who file a 10
1123	1123	declaration of candidacy with the secretary of state prior 11
1124	1124	to 5:00 p.m. on the first day for filing, the secretary of 12
1125	1125	state shall determine by random drawing the order in which 13
1126	1126	such candidates' names shall appear on the ballot. The 14
1127	1127	drawing shall be conducted so that each candidate, or 15
1128	1128	candidate's representative if the candidate filed under 16
1129	1129	subsection 2 of section 115.355, may draw a number at random 17
1130	1130	at the time of filing. The secretary of state shall record 18
1131	1131	the number drawn with the candid ate's declaration of 19
1132	1132	candidacy. The names of candidates filing on the first day 20
1133	1133	for filing for each office on each party ballot shall be 21
1134	1134	listed in ascending order of the numbers so drawn. For the 22
1135	1135	purposes of this subsection, the election authority 23
1136	1136	responsible for oversight of the filing of candidates, other 24
1137	1137	than candidates that file with the secretary of state, shall 25
1138	1138	clearly designate where candidates, or a candidate's 26 SB 907 32
1139	1139	representative if the candidate filed under subsection 2 of 27
1140	1140	section 115.355, shall form a line to effectuate such 28
1141	1141	filings and determine the order of such filings; except 29
1142	1142	that, in the case of candidates who file a declaration of 30
1143	1143	candidacy with the election authority prior to 5:00 p.m. on 31
1144	1144	the first day for filing, the election aut hority may 32
1145	1145	determine by random drawing the order in which such 33
1146	1146	candidates' names shall appear on the ballot. If a drawing 34
1147	1147	is conducted pursuant to this subsection, it shall be 35
1148	1148	conducted so that each candidate, or candidate's 36
1149	1149	representative if the can didate filed under subsection 2 of 37
1150	1150	section 115.355, may draw a number at random at the time of 38
1151	1151	filing. If such drawing is conducted, the election 39
1152	1152	authority shall record the number drawn with the candidate's 40
1153	1153	declaration of candidacy. If such drawing is conducted, the 41
1154	1154	names of candidates filing on the first day for filing for 42
1155	1155	each office on each party ballot shall be listed in 43
1156	1156	ascending order of the numbers so drawn. 44
1157	1157	3. Insofar as applicable, the provisions of sections 45
1158	1158	115.237 and 115.245 shal l apply to each ballot prepared for 46
1159	1159	a primary election, except that the ballot information may 47
1160	1160	be placed in vertical or horizontal rows, no circle shall 48
1161	1161	appear under any party name and no write -in lines shall 49
1162	1162	appear under the name of any office for whi ch a candidate is 50
1163	1163	to be nominated at the primary. At a primary election, 51
1164	1164	write-in votes shall be counted only for persons who can be 52
1165	1165	elected to an office at the primary. 53
1166	1166	115.397. 1. In each primary election, each voter 1
1167	1167	shall be entitled to receive the ballot of [one and only 2
1168	1168	one] the established political party[, designated by the 3
1169	1169	voter before receiving his ballot ] with which such voter is 4
1170	1170	affiliated, as evidenced by his or her voter registration. 5 SB 907 33
1171	1171	Any voter who has chosen to b e unaffiliated shall only be 6
1172	1172	permitted to cast an unaffiliated ballot . 7
1173	1173	2. Each voter who participates in a party primary 8
1174	1174	shall be entitled to vote on all questions and for any 9
1175	1175	nonpartisan candidates submitted by political subdivisions 10
1176	1176	and special districts at the primary election. Each voter 11
1177	1177	who does not wish to participate in a party primary may vote 12
1178	1178	on all questions and for any nonpartisan candidates 13
1179	1179	submitted by a political subdivision or special district at 14
1180	1180	the primary election. 15
1181	1181	115.398. 1. For any person who was registered to vote 1
1182	1182	in this state as of August 28, 2022, if such person 2
1183	1183	thereafter casts a ballot on a primary election day or a 3
1184	1184	presidential preference primary election day before 4
1185	1185	September 1, 2024, such person may pick any ballot and the 5
1186	1186	election authority shall note the ballot designated and cast 6
1187	1187	by such person and make a notation on the person's voter 7
1188	1188	registration as follows: 8
1189	1189	(1) If the person participates in a party primary by 9
1190	1190	designating the ballot of an established political party, 10
1191	1191	then the election authority shall make a notation on the 11
1192	1192	person's voter registration to reflect that he or she is 12
1193	1193	affiliated with such party; 13
1194	1194	(2) If the person participates in the nonpartisan 14
1195	1195	primary by designating the unaffiliated ballot with only 15
1196	1196	questions and nonpartisan candidates, then the election 16
1197	1197	authority shall make a notation on the person's voter 17
1198	1198	registration to reflect that he or she is unaffiliated. 18
1199	1199	2. For any person who cast s a ballot on a primary 19
1200	1200	election day or a presidential preference primary election 20
1201	1201	day after August 28, 2022, but before September 1, 2024, the 21
1202	1202	notation made by the election authority pursuant to 22 SB 907 34
1203	1203	subsection 1 of this section at the last primary electio n or 23
1204	1204	presidential preference primary at which the person casts a 24
1205	1205	ballot shall dictate such person's political party 25
1206	1206	affiliation or unaffiliation for all primary elections and 26
1207	1207	presidential preference primary elections held after 27
1208	1208	September 1, 2024. 28
1209	1209	115.409. Except election authority personnel, election 1
1210	1210	judges, watchers and challengers appointed pursuant to 2
1211	1211	section 115.105 or 115.107, law enforcement officials at the 3
1212	1212	request of election officials or in the line of duty, minor 4
1213	1213	children under the age of eighteen accompanying an adult who 5
1214	1214	is in the process of voting, international observers who 6
1215	1215	have registered as such with the election authority, persons 7
1216	1216	designated by the election authority to administer a 8
1217	1217	simulated youth elec tion for persons ineligible to vote 9
1218	1218	because of their age, members of the news media who present 10
1219	1219	identification satisfactory to the election judges and who 11
1220	1220	are present only for the purpose of bona fide news coverage 12
1221	1221	except as provided in subdivision (18 ) of section 115.637, 13
1222	1222	provided that such coverage does not disclose how any voter 14
1223	1223	cast the voter's ballot on any question or candidate [or in 15
1224	1224	the case of a primary election on which party ballot they 16
1225	1225	voted] or does not interfere with the general conduc t of the 17
1226	1226	election as determined by the election judges or election 18
1227	1227	authority, and registered voters who are eligible to vote at 19
1228	1228	the polling place, no person shall be admitted to a polling 20
1229	1229	place. 21
1230	1230	115.429. 1. The election judges shal l not permit any 1
1231	1231	person to vote unless satisfied that such person is the 2
1232	1232	person whose name appears on the precinct register. 3
1233	1233	2. The identity or qualifications of any person 4
1234	1234	offering to vote may be challenged by any election authority 5 SB 907 35
1235	1235	personnel, any registered voter, or any duly authorized 6
1236	1236	challenger at the polling place. No person whose right to 7
1237	1237	vote is challenged shall receive a ballot until his or her 8
1238	1238	identity and qualifications have been established. 9
1239	1239	3. Any question of doubt concernin g the identity or 10
1240	1240	qualifications of a voter shall be decided by a majority of 11
1241	1241	the judges from the major political parties. If such 12
1242	1242	election judges decide not to permit a person to vote 13
1243	1243	because of doubt as to his or her identity or 14
1244	1244	qualifications, the person may apply to the election 15
1245	1245	authority as provided in section 115.193 or file a complaint 16
1246	1246	with the elections division of the secretary of state's 17
1247	1247	office under and pursuant to section 115.219. 18
1248	1248	4. If the election judges cannot reach a decision on 19
1249	1249	the identity or qualifications of any person, the question 20
1250	1250	shall be decided by the election authority. 21
1251	1251	5. The election judges or the election authority may 22
1252	1252	require any person whose right to vote is challenged to 23
1253	1253	execute an affidavit affirming his or her qualifications. 24
1254	1254	The election authority shall furnish to the election judges 25
1255	1255	a sufficient number of blank affidavits of qualification, 26
1256	1256	and the election judges shall enter any appropriate 27
1257	1257	information or comments under the title "Remarks" whic h 28
1258	1258	shall appear at the bottom of the affidavit. All executed 29
1259	1259	affidavits of qualification shall be returned to the 30
1260	1260	election authority with the other election supplies. Any 31
1261	1261	person who makes a false affidavit of qualification shall be 32
1262	1262	guilty of a class one election offense. 33
1263	1263	6. In the case of any primary election, the election 34
1264	1264	judges shall determine whether the voter's political party 35
1265	1265	affiliation is the same as the political party holding the 36
1266	1266	primary election. 37 SB 907 36
1267	1267	115.770. The conduct of the presidential preference 1
1268	1268	primary election and the count and canvass of the votes cast 2
1269	1269	therein shall conform as nearly as is practicable to that 3
1270	1270	prescribed for the conduct of the primary election for state 4
1271	1271	officers. All primary election laws not inconsistent with 5
1272	1272	the provisions of sections 115.750 to 115.785 shall be 6
1273	1273	applicable to the conduct of this election, and the form of 7
1274	1274	the ballot insofar as is practicable shall be substantially 8
1275	1275	as that prescribed by section 115.395. In a presidential 9
1276	1276	preference primary, each voter shall be entitled to receive 10
1277	1277	only the ballot of [one and only one established political 11
1278	1278	party, designated by the voter before receiving such voter's 12
1279	1279	ballot] the political party with which such voter is 13
1280	1280	affiliated, as evidenced by his or her voter registration . 14
1281	1281	Each voter who participates in a presidential preference 15
1282	1282	primary shall be entitled to vote on all questions and for 16
1283	1283	any candidates submitted by political subdivisions and 17
1284	1284	special districts at the general mu nicipal election. Each 18
1285	1285	voter who does not wish to participate in a presidential 19
1286	1286	preference primary may vote on all questions and for any 20
1287	1287	candidates submitted by a political subdivision or special 21
1288	1288	district at the general municipal election. 22
1289	1289	Section B. The repeal and reenactment of sections 1
1290	1290	115.137, 115.155, 115.157, 115.163, 115.225, 115.249, 2
1291	1291	115.279, 115.287, 115.327, 115.349, 115.351, 115.363, 3
1292	1292	115.395, 115.397, 115.409, 115.429, and 115.770 of this act 4
1293	1293	shall become effective Ja nuary 1, 2025. 5
1294	1294	