EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 182
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR ARTHUR.
0618S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 115.133, 115.155, and 115.161, RSMo, and to enact in lieu thereof five new
sections relating to voting accessibility for persons with disabilities.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.133, 115.155, and 115.161, RSMo, 1
are repealed and five new sections enacted in lieu thereof, to 2
be known as sections 115.133, 115.134, 115.155, 115.161, and 3
115.226, to read as follows:4
115.133. 1. Except as provided in subsection 2 of 1
this section, any citizen of the United States who is a 2
resident of the state of Missouri and seventeen years and 3
six months of age or older shall be entitled to register and 4
to vote in any election which is held on or after his 5
eighteenth birthday. 6
2. No person who is adjudged incapacitated shall be 7
entitled to register or vote. No person shall be entitle d 8
to vote: 9
(1) While confined under a sentence of imprisonment; 10
(2) While on probation or parole after conviction of a 11
felony, until finally discharged from such probation or 12
parole; or 13
(3) After conviction of a felony or misdemeanor 14
connected with the right of suffrage. 15
3. Except as provided in federal law or federal 16
elections and in section 115.277, no person shall be 17 SB 182 2
entitled to vote if the person has not registered to vote in 18
the jurisdiction of his or her residence prior to the 19
deadline to register to vote. 20
4. A person with disabilities under a conservatorship 21
or an incapacitated person under a guardianship may register 22
to vote, provided a court order has not made findings of 23
fact by clear and convincing evidence that the person cannot 24
communicate, with or without reasonable accommodations, a 25
desire to participate in the voting process pursuant to 26
section 115.134 and the individual is not otherwise 27
disqualified from voting. 28
115.134. 1. A person is presumed competent to vote 1
regardless of his or her guardianship or conservatorship 2
status. A person shall be deemed mentally incapacitated for 3
purposes of voting, if, during the course of any proceedings 4
establishing a guardian or conservato r, the court finds by 5
clear and convincing evidence that the person cannot 6
communicate, with or without reasonable accommodations, a 7
desire to participate in the voting process, and a guardian 8
or conservator for the person or the person's estate is 9
appointed pursuant to chapter 475. 10
2. If an order establishing a guardianship or 11
conservatorship is made and in connection with the order it 12
is found by clear and convincing evidence that the person 13
cannot communicate, with or without reasonable 14
accommodations, a desire to participate in the voting 15
process, the court shall forward the order and determination 16
to the secretary of state and the election authority in the 17
person's jurisdiction in the format prescribed by the 18
secretary of state. 19 SB 182 3
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 Will you be 18 years of age on or before election day?
8 □ YES □ NO
9
10
IF YOU CHECKED “NO” IN RESPONSE TO EITHER OF THESE
QUESTIONS, DO NOT COMPLETE THIS FORM.
11
12
13
14
15
16
17
18
19
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
DRIVER'S LICENSE OR OTHER FORM OF PERSONAL IDENTIFICATION.
20 __________________
21 Township (or Ward)
22 __________________ __________________
23 Name Precinct
24 __________________ __________________
25
26
27
Home Address Required Personal
Identification
Information
28 __________________
29 City ZIP
30 __________________ __________________
31 Date of Birth Place of Birth
32 (Optional) SB 182 4
33 __________________ __________________
34 Telephone Number Mother's Maiden
35 (Optional) Name (Optional)
36 __________________ __________________
37
38
Occupation
(Optional)
Last Place
Previously
39 Registered
40 __________________ __________________
41
42
43
44
45
46
47
48
Last four digits of
Social Security
Number
(Required for
registration unless
no Social Security
Number exists for
Applicant)
Under What Name
49
50 Remarks: __________________
51 When
52
53
Political Party
Affiliation
54
55
56
57
(OPTIONAL: You shall
be unaffiliated
unless you designate
an affiliation.)
58
59
60
61
62
63
64
65
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 di sabilities 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.
66
67
68
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
SB 182 5
2. The options for political party affiliation 76
required by the application described in subsection 1 of 77
this section shall include all established political parties 78
and an option to be unaffiliated. If an applicant does not 79
designate an affiliation, the election auth ority shall mark 80
the applicant's form as unaffiliated. 81
3. After supplying all information necessary for the 82
registration records, each applicant who appears in person 83
before the election authority shall swear or affirm the 84
statements on the regis tration application by signing his or 85
her full name, witnessed by the signature of the election 86
authority or such authority's deputy registration official. 87
Each applicant who applies to register by mail pursuant to 88
section 115.159, or pursuant to sect ion 115.160 or 115.162, 89
shall attest to the statements on the application by his or 90
her signature. 91
4. Upon receipt by mail of a completed and signed 92
voter registration application, a voter registration 93
application forwarded by the division of mot or vehicle and 94
drivers licensing of the department of revenue pursuant to 95
section 115.160, or a voter registration agency pursuant to 96
section 115.162, the election authority shall, if satisfied 97
that the applicant is entitled to register, transfer all 98
data necessary for the registration records from the 99
69
70
71
NOT MORE THAN FIVE YEARS OR BY A FINE OF BETWEEN TWO
THOUSAND FIVE HUNDRED DOLLA RS AND TEN THOUSAND DOLLARS OR
BY BOTH SUCH IMPRISONMENT AND FINE.
72 __________________ __________________
73 Signature of Voter Date
74 __________________
75 Signature of Election Official SB 182 6
application to its registration system. Within seven 100
business days after receiving the application, the election 101
authority shall send the applicant a verification notice. 102
If such notice is returned as undeliverable by the postal 103
service within the time established by the election 104
authority, the election authority shall not place the 105
applicant's name on the voter registration file. 106
5. If, upon receipt by mail of a voter registration 107
application or a voter registration application forwarded 108
pursuant to section 115.160 or 115.162, the election 109
authority determines that the applicant is not entitled to 110
register, such authority shall, within seven business days 111
after receiving the applicatio n, so notify the applicant by 112
mail and state the reason such authority has determined the 113
applicant is not qualified. The applicant may file a 114
complaint with the elections division of the secretary of 115
state's office under and pursuant to section 115.2 19. If an 116
applicant for voter registration fails to answer the 117
question on the application concerning United States 118
citizenship, the election authority shall notify the 119
applicant of the failure and provide the applicant with an 120
opportunity to complet e the form in a timely manner to allow 121
for the completion of the registration form before the next 122
election. 123
6. The secretary of state shall prescribe 124
specifications for voter registration documents so that they 125
are uniform throughout the state o f Missouri and comply with 126
the National Voter Registration Act of 1993, including the 127
reporting requirements, and so that registrations, name 128
changes and transfers of registrations within the state may 129
take place as allowed by law. 130 SB 182 7
7. All voter registration applications shall be 131
preserved in the office of the election authority. 132
8. A person with disabilities who is otherwise 133
qualified to vote may complete a voter registration form 134
with reasonable accommodations, as needed. 135
115.161. 1. If any person applying to register in 1
person pursuant to this [subchapter] chapter is unable to 2
write, the election official shall fill in the registration 3
cards, and the applicant shall sign by mark, witnessed by 4
the election official. The election official shall note the 5
applicant's height in feet and inches, weight, color of eyes 6
and other distinguishing features under the title "Remarks" 7
on the registration cards. 8
2. A person shall not be disqualified from voting due 9
to: 10
(1) Signing a voter registration form with a mark 11
pursuant to subsection 1 of this section; 12
(2) Completing a voter registration form with the 13
assistance of another person; or 14
(3) Completing a voter registration form with 15
reasonable accommodations pursuant to subsection 8 of 16
section 115.155. 17
115.226. Each election authority shall ensure that 1
each polling place in its jurisdiction has a sufficient 2
number of voting systems that are accessible for individuals 3
with disabilities. Such systems shall be used for all 4
elections, including municipal elections, and shall comply 5
with the provisions of sections 115.225 to 115.273 as well 6
as Section 301 of the federal Help America Vote Act, 52 7
U.S.C.A. Section 21081. 8