FIRST REGULAR SESSION
SENATE BILL NO. 235
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR HOSKINS.
1180S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 115, RSMo, by adding thereto four new sections relating to elections, with
penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 115, RSMo, is amended by addin g thereto 1
four new sections, to be known as sections 115.1200, 115.1500, 2
115.1505, and 115.1510, to read as follows:3
115.1200. 1. This section shall be known as the 1
"Missouri Elections Sovereignty Act". 2
2. The general assembly finds that reg ulations placed 3
by Congress on the times, places, and manner of holding 4
elections for representatives and the times and manner of 5
holding elections for senators are limited only to those 6
respective offices and do not extend to state and local 7
elections. 8
3. The general assembly of the state of Missouri 9
reserves authority to regulate both voter qualifications and 10
the time, place, and manner for state and local elections to 11
the maximum extent authorized by the Constitution of the 12
United States. 13
4. The state of Missouri shall comply with and 14
implement federal laws governing the time, place, and manner 15
of United States representative elections and federal laws 16
governing the time and manner of United States senate 17
elections to the extent n ecessary to preserve the federal 18 SB 235 2
system of government and comply with the Constitution of the 19
United States, but shall reserve the right to protect, 20
preserve, and defend the integrity of state and local 21
elections through lawful regulation of voter qual ifications 22
for such state and local elections. 23
5. Any differences in the regulations for time, place, 24
and manner of holding elections for federal representatives, 25
the time and manner for the senate elections, and state and 26
local elections, shall result in separate election 27
procedures to ensure the sovereignty of the state of 28
Missouri to conduct elections in the manner in which the 29
general assembly shall deem necessary. 30
115.1500. 1. As used in this section, the term 1
"communications" means federal directive or guidance 2
communicated to the state of Missouri through telephonic or 3
electronic means, through the mail, or through in -person 4
contact pertaining to elections, including the times, 5
places, and manner for carrying out elections in Missouri, 6
received on or after the effective date of this section, by 7
any state agency or person, group, or entity charged by the 8
state to administer any official election occurring within 9
the state. This includes, but is not limited to, any 10
guidance issued by the United States Department of Justice 11
or any other federal executive agency related to new or 12
existing voting or election laws or procedures. 13
2. Any state agency, whether that agency is involved 14
in elections or not, or a ny person, group, or entity charged 15
by the state to administer any official election occurring 16
within the state, who receives or responds to a 17
communication from the United States Department of Justice 18
or any other federal executive branch agency relat ed to new 19
or existing voting or election laws, shall provide notice to 20 SB 235 3
the governor and general assembly of this communication 21
within five business days. 22
3. The notice requirement in subsection 2 of this 23
section shall be presumed to have been met based on the post- 24
marked date on each letter sent to the governor and general 25
assembly, through certified mail, outlining the 26
communication the agency, person, group, or entity received 27
from or responded to the United States Department of Justice 28
or any other federal executive agency. 29
4. This section shall expire on February 1, 2025. 30
115.1505. 1. As used in this section, the term "new 1
federal election guidance" means any federal directive or 2
guidance pertaining to election s including the times, 3
places, and manner for carrying out elections in Missouri 4
received on or after the effective date of this section, by 5
a person, group, or entity charged by the state to 6
administer any official election occurring within Missouri. 7
This includes, but is not limited to, any guidance issued by 8
the United States Department of Justice or any other federal 9
executive agency related to new or existing voting or 10
election laws. 11
2. Any person, group, or entity charged by the state 12
of Missouri to administer any official election occurring 13
within the state who intends to implement any new federal 14
election guidance pending approval from the general assembly 15
pursuant to this section, shall provide notice to the 16
general assembly of i ts intent to do so at least thirty days 17
before implementing the guidance. 18
3. All new federal election guidance shall be approved 19
by concurrent resolution approved by a majority of both 20
houses of the general assembly before it is implemented by 21 SB 235 4
any person, group, or entity charged by the state to 22
administer any official election occurring within the state. 23
4. It shall be presumed for purposes of compliance 24
with this section that the general assembly has approved the 25
implementation of the n ew federal election guidance if the 26
general assembly fails to vote on a concurrent resolution 27
described in subsection 3 of this section within thirty days 28
from when notice is provided to the general assembly 29
pursuant to subsection 2 of this section. 30
5. A violation of this section shall result in a fine 31
in the amount of five thousand dollars to be levied every 32
thirty days until the implemented guidance is formally 33
withdrawn. 34
6. This section shall expire on February 1, 2025. 35
115.1510. 1. As used in this section, the term "new 1
federal election funds" shall mean any federal funds 2
received on or after the effective date of this section, by 3
a person, group, or entity charged by the state of Missouri 4
to administer any off icial election occurring within the 5
state. 6
2. Any person, group, or entity charged by the state 7
to administer any official election occurring within 8
Missouri who intends to accept or disperse federal election 9
funds pending approval from the gener al assembly pursuant to 10
this section, shall provide notice to the general assembly 11
of its intent to do so at least thirty days before accepting 12
the funds. If funds have already been accepted, then notice 13
must be provided to the general assembly thirty days before 14
the funds are dispersed. 15
3. All new federal election funds shall be approved by 16
concurrent resolution approved by a majority of both houses 17
of the general assembly before they may be accepted or 18 SB 235 5
dispersed by a person, group, or entit y charged by the state 19
to administer any official election occurring within the 20
state. 21
4. It shall be presumed for purposes of compliance 22
with this section that the general assembly has approved the 23
acceptance and dispersal of new federal electio n funds if 24
the general assembly fails to vote on a concurrent 25
resolution described in subsection 3 of this section within 26
thirty days from when notice is provided to the general 27
assembly in accordance with subsection 2 of this section. 28
5. A violation of this section shall result in a fine 29
in the amount of the new federal election funds accepted or 30
dispersed in violation of this section plus an additional 31
one thousand dollars. 32
6. This section shall expire on February 1, 2025. 33