1277S.03C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 346
AN ACT
To repeal sections 115.127, 115.205, 115.284,
115.427, 115.430, and 115.637, RSMo, and to enact in
lieu thereof seven new sections relating to
elections, with a penalty provision.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.127, 115.205, 115.284, 115.427,
115.430, and 115.637, RSMo, are repealed and seven new sections
enacted in lieu thereof, to be known as sections 115.127,
115.205, 115.284, 115.427, 115.430, 115.637, and 115.638, to
read as follows:
115.127. 1. Except as provided in subsection 4 of
this section, upon receipt of notice of a special election
to fill a vacancy submitted pursuant to subsection 2 of
section 115.125, the election authority shall cause legal
notice of the special election to be published in a
newspaper of general circulation in its jurisdiction. The
notice shall include the name of the officer or agency
calling the election, the date and time of the election, the
name of the office to be filled and the date by which
candidates must be selected or filed for the office. Within
one week prior to each special election to fill a vacancy
held in its jurisdiction, the election authority shall cause
legal notice of the election to be published in two
newspapers of different political faith and general
circulation in the jurisdiction. The legal notice shall
include the date and time of the election, the name of the
officer or agency calling the election and a sample ballot.
If there is only one newspap er of general circulation in the
jurisdiction, the notice shall be published in the newspaper
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within one week prior to the election. If there are two or
more newspapers of general circulation in the jurisdiction,
but no two of opposite political faith , the notice shall be
published in any two of the newspapers within one week prior
to the election.
2. Except as provided in subsections 1 and 4 of this
section and in sections 115.521, 115.549 and 115.593, the
election authority shall cause lega l notice of each election
held in its jurisdiction to be published. The notice shall
be published in two newspapers of different political faith
and qualified pursuant to chapter 493 which are published
within the bounds of the area holding the electi on. If
there is only one so -qualified newspaper, then notice shall
be published in only one newspaper. If there is no
newspaper published within the bounds of the election area,
then the notice shall be published in two qualified
newspapers of different political faith serving the area.
Notice shall be published twice, the first publication
occurring in the second week prior to the election, and the
second publication occurring within one week prior to the
election. Each such legal notice shall include the date and
time of the election, the name of the officer or agency
calling the election and a sample ballot; and, unless notice
has been given as provided by section 115.129, the second
publication of notice of the election shall include the
location of polling places. The election authority may
provide any additional notice of the election it deems
desirable.
3. The election authority shall print the official
ballot as the same appears on the sample ballot, and no
candidate's name or ballot issue which appears on the sample
ballot or official printed ballot shall be stricken or
removed from the ballot except on death of a candidate or by
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court order, but in no event shall a candidate or issue be
stricken or removed from the ba llot less than eight weeks
before the date of the election.
4. In lieu of causing legal notice to be published in
accordance with any of the provisions of this chapter, the
election authority in jurisdictions which have less than
seven hundred fifty registered voters and in which no
newspaper qualified pursuant to chapter 493 is published,
may cause legal notice to be mailed during the second week
prior to the election, by first class mail, to each
registered voter at the voter's voting addres s. All such
legal notices shall include the date and time of the
election, the location of the polling place, the name of the
officer or agency calling the election and a sample ballot.
5. If the opening date for filing a declaration of
candidacy for any office in a political subdivision or
special district is not required by law or charter, the
opening filing date shall be 8:00 a.m., the [seventeenth]
sixteenth Tuesday prior to the election. If the closing
date for filing a declaration of c andidacy for any office in
a political subdivision or special district is not required
by law or charter, the closing filing date shall be 5:00
p.m., the [fourteenth] thirteenth Tuesday prior to the
election or, if the thirteenth Tuesday prior to the e lection
is a holiday, the closing filing date shall be 5:00 p.m., on
the next day that is not a holiday . The political
subdivision or special district calling an election shall,
before the [seventeenth] sixteenth Tuesday, prior to any
election at which offices are to be filled, notify the
general public of the opening filing date, the office or
offices to be filled, the proper place for filing and the
closing filing date of the election. Such notification may
be accomplished by legal notice publ ished in at least one
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newspaper of general circulation in the political
subdivision or special district.
6. Except as provided for in sections 115.247 and
115.359, if there is no additional cost for the printing or
reprinting of ballots or if the candidate agrees to pay any
printing or reprinting costs, a candidate who has filed for
an office or who has been duly nominated for an office may,
at any time after the certification of the notice of
election required in subsection 1 of section 115.1 25 but no
later than 5:00 p.m. on the eighth Tuesday before the
election, withdraw as a candidate pursuant to a court order,
which, except for good cause shown by the election authority
in opposition thereto, shall be freely given upon
application by the candidate to the circuit court of the
area of such candidate's residence.
115.205. 1. No person shall be paid or otherwise
compensated for soliciting voter registration applications,
other than a governmental entity or a person who is paid or
compensated by a governmental entity for such solicitation.
A voter registration solicitor , other than a governmental
entity or a person who is paid or compensated by a
governmental entity for such solicitation, who solicits more
than ten voter registration applications shall register for
every election cycle that begins on the day after the
general election and ends on the day of the general election
two years later. A voter registration solicitor shall be at
least eighteen years of age and shall be a registered voter
in the state of Missouri.
2. Each voter registration solicitor shall provide the
following information in writing to the secretary of state's
office:
(1) The name of the voter registration solicitor;
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(2) The residential address, including street number,
city, state, and zip code;
(3) The mailing address, if different from the
residential address; and
(4) The signature of the voter registration solicitor.
3. The solicitor informatio n required in subsection 2
of this section shall be submitted to the secretary of
state's office with the following oath and affirmation:
"I HEREBY SWEAR OR AFFIRM UNDER PENALTY OF
PERJURY THAT ALL STATEMENTS MADE BY ME ARE TRUE
AND CORRECT.".
4. Any voter registration solicitor who knowingly
fails to register with the secretary of state is guilty of a
class three election offense. Voter registration
applications shall be accepted by the election authority if
such applications are otherwise v alid, even if the voter
registration solicitor who procured the applications fails
to register with or submits false information to the
secretary of state.
115.284. 1. There is hereby established an absentee
voting process to assist p ersons with permanent disabilities
in the exercise of their voting rights.
2. The local election authority shall send an
application to participate in the absentee voting process
set out in this section to any registered voter residing
within the election authority's jurisdiction upon request.
3. Upon receipt of a properly completed application,
the election authority shall enter the voter's name on a
list of voters qualified to participate as absentee voters
pursuant to this section.
4. The application to participate in the absentee
voting process shall be in substantially the following form:
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5. Not earlier than ten weeks before an election but
prior to the fourth Tuesday prior to an election, the
election authority shall deliver to each voter qualified to
participate as absentee voters pursu ant to this section an
absentee ballot application if the voter is eligible to vote
in that election. If the voter returns the absentee request
application to the election authority not later than 5:00
p.m. on the second Wednesday before an election a nd has
retained the necessary qualifications to vote, the election
authority shall provide the voter with an absentee ballot
pursuant to this chapter.
6. The election authority shall remove from the list
of voters qualified to participate as abse ntee voters
pursuant to this section any voter who:
(1) Asks to be removed from the list;
(2) Dies;
(3) Becomes disqualified from voting pursuant to this
chapter; or
State of _________
County (City) of _________
I, _________ (print applicant's name), declare
that I am a resident and registered voter of
_________ County, Missouri, and am permanently
disabled. I hereby request that my name be placed
on the election authority's list of voters
qualified to participate as absentee voters
pursuant to section 115.284, and that I be
delivered an absentee ballot application for each
election in which I am eligible to vote.
__________________
Signature of Voter
_________
_________
Voter's Address
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(4) No longer resides at the address of his or her
voter registration.
7. All lists of applications under this section shall
be kept confidential to the extent that such lists of
applications shall not be posted or displayed in any area
open to the general public, nor shall such lists of
applications be show n to any person who is not entitled to
see such lists of applications, pursuant to any other
provisions of law.
115.427. 1. Persons seeking to vote in a public
election shall establish their identity and eligibility to
vote at the polling place or, if voting absentee in person
under section 115.277, at the office of the election
authority or other authorized location designated by the
election authority by presenting a form of personal photo
identification to election officials. No form of personal
photo identification other than the forms listed in this
section shall be accepted to establish a voter's
qualifications to vote. Forms of personal photo
identification that satisfy the requirements of this section
are any one of the following:
(1) Nonexpired Missouri driver's license;
(2) Nonexpired or nonexpiring Missouri nondriver's
license;
(3) A document that satisfies all of the following
requirements:
(a) The document contains the name of the individ ual
to whom the document was issued, and the name substantially
conforms to the most recent signature in the individual's
voter registration record;
(b) The document shows a photograph of the individual;
(c) The document includes an expirati on date, and the
document is not expired, or, if expired, the document
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expired after the date of the most recent general election;
and
(d) The document was issued by the United States or
the state of Missouri; or
(4) Any identification cont aining a photograph of the
individual which is issued by the Missouri National Guard,
the United States Armed Forces, including the Space Force,
or the United States Department of Veteran Affairs to a
member or former member of the Missouri National Gu ard or
the United States Armed Forces, including the Space Force,
and that is not expired or does not have an expiration date.
2. (1) An individual who appears at a polling place
without a form of personal identification described in
subsection 1 of this section and who is otherwise qualified
to vote at that polling place shall be allowed to cast a
provisional ballot. The election judges shall make a
notation on the provisional ballot envelope to indicate that
the voter's identity was not ve rified.
(2) For an individual requesting an absentee ballot in
person, such individual shall be entitled to cast a
provisional ballot if the individual appears to vote without
a form of personal identification described in subsection 1
of this section and is otherwise qualified to vote.
(3) No person shall be entitled to receive a
provisional ballot until such person has completed a
provisional ballot affidavit on the provisional ballot
envelope. All provisional ballots shall be marked w ith a
conspicuous stamp or mark that makes them distinguishable
from other ballots.
[(3)] (4) The provisional ballot envelope shall be
completed by the voter for use in determining the voter's
eligibility to cast a ballot.
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3. The provisional ballot envelope shall provide a
place for the voter's name, address, date of birth, and last
four digits of his or her Social Security number, followed
by a certificate in substantially the following form:
I do solemnly swear t hat I am the person
identified above and the information provided is
correct. I understand that my vote will not be
counted unless:
(1) (a) I return to this polling place today
between 6:00 a.m. and 7:00 p.m. and provide one of
the following forms of identification:
a. Nonexpired Missouri driver's license;
b. Nonexpired or nonexpiring Missouri nondriver's
license;
c. A document that satisfies all of the following
requirements:
(i) The document contains my name, in
substantially the same form as the most recent
signature on my voter registration record;
(ii) The document contains my photograph;
(iii) The document contains an expiration date
and is not expired, or if expired, the document
expired after the date of the most recent general
election; and
(iv) The document was issued by the United States
or the state of Missouri; or
d. Identification containing my photograph issued
to me by the Missouri National Guard, the United
States Armed Forces, including Space Force, or the
United States Department of Veteran Affairs as a
member or former member of the Missouri National
Guard or the United States Armed Forces that is
not expired or does not have an expiration date;
or
(b) The election authority verifies my identity
by comparing my signature on this envelope to the
signature on file with the election authority and
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Once voted, the provisional ballot shall be sealed in the
provisional ballot envelope and placed in a separate secure d
container by the election judge.
4. The provisional ballot cast by such voter shall not
be counted unless:
(1) (a) The voter returns to the polling place during
the uniform polling hours established by section 115.407 and
provides a form of personal identification that allows the
election judges to verify the voter's identity as provided
in subsection 1 of this section; or
(b) The election authority verifies the identity of
the individual by comparing that individual's signature to
the signature on file with the election authority and
determines that the individual was eligible to cast a ballot
at the polling place where the ballot was cast; and
(2) The provisional ballot otherwise qualifies to be
counted under section 1 15.430.
5. The secretary of state shall provide notice of the
personal photo identification requirements described in
subsection 1 of this section on the official state internet
website of the secretary of state.
6. (1) Notwithstanding the provisions of section
136.055 and section 302.181 to the contrary, the state and
determines that I was eligible to cast a ballot at
this polling place; and
(2) This provisional ballot otherwise qualifies
to be counted under the laws of the State of
Missouri.
__________________ ____________________
Signature of Voter Date
__________________ ____________________
Signature of Election Officials
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all fee offices shall provide one nondriver's license at no
cost to any otherwise qualified voter who does not already
possess such identification and who desires the
identification for voting.
(2) This state and its agencies shall provide one copy
of each of the following, free of charge, if needed by an
individual seeking to obtain a form of personal photo
identification described in subsection 1 of this section in
order to vote:
(a) A birth certificate;
(b) A marriage license or certificate;
(c) A divorce decree;
(d) A certificate of decree of adoption;
(e) A court order changing the person's name;
(f) A Social Security card reflecting an updated name;
and
(g) Naturalization papers or other documents from the
United States Department of State proving citizenship.
Any individual seeking one of the above documents in order
to obtain a form of personal photo identificati on described
in subsection 1 of this section for voting may request the
secretary of state to facilitate the acquisition of such
documents. The secretary of state shall pay any fee or fees
charged by another state or its agencies, or any court of
competent jurisdiction in this state or any other state, or
the federal government or its agencies, in order to obtain
any of the above documents from such state or the federal
government.
(3) Any applicant who requests a nondriver's license
for voting shall not be required to pay a fee. The state of
Missouri shall pay the legally required fees for any such
applicant. The department of revenue and a local election
authority may enter into a contract that allows the local
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election authority to a ssist the department in issuing
nondriver's license photo identifications.
7. The director of the department of revenue shall, by
January first of each year, prepare and deliver to each
member of the general assembly a report documenting the
number of individuals who have requested and received a
nondriver's license photo identification for the purposes of
voting under this section. The report shall also include
the number of persons requesting a nondriver's license for
purposes of voting und er this section, but not receiving
such license, and the reason for the denial of the
nondriver's license.
8. The precinct register shall serve as the voter
identification certificate. The following form shall be
printed at the top of each page of the precinct register:
9. The secretary of state shall promulgate rules to
effectuate the provisions of this section.
10. Any rule or portion of a rule, as that term is
defined in section 536.010, that is created under the
authority delegated in this se ction shall become effective
VOTER'S IDENTIFICATION CERTIFICATE
Warning: It is against the law for anyone to vote,
or attempt to vote, without having a lawful right
to vote.
PRECINCT
WARD OR TOWNSHIP ______
GENERAL (SPECIAL, PRIMARY) ELECTION
Held ______, 20______
Date
I hereby certify that I am qualified to vote at
this election by signing my name and verifying my
address by signing my initials next to my address.
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only if it complies with and is subject to all of the
provisions of chapter 536 and, if applicable, section
536.028. This section and chapter 536 are nonseverable and
if any of the powers vested with the general assembly
pursuant to chapter 536 to review, to delay the effective
date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and
any rule proposed or adopted after August 28, 2002, shall be
invalid and void.
11. If any voter is unable to sign his name at the
appropriate place on the certificate or computer printout,
an election judge shall print the name and address of the
voter in the appropriate place on the precinct register, the
voter shall make his mark in lieu of signature, and the
voter's mark shall be witnessed by the signature of an
election judge.
115.430. 1. This section shall apply to [primary and
general elections where candidates for federal or statewide
offices are nominated or elected and any election where
statewide issue or issues are submitted to the voters ] any
public election.
2. (1) A voter claiming to be properly registered in
the jurisdiction of the election authority and eligible to
vote in an election, but whose eligibility at that precinct
cannot be immediately established upon examination of the
precinct register, shall be entitled to vote a provisional
ballot after providing a form of personal identification
required pursuant to se ction 115.427 or upon executing an
affidavit under section 115.427, or may vote at a central
polling place as established in section 115.115 where the
voter may vote his or her appropriate ballot for his or her
precinct of residence upon verification o f eligibility or
vote a provisional ballot if eligibility cannot be
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determined. The provisional ballot provided to a voter
under this section shall be the ballot provided to a
resident of the voter's precinct determined by reference to
the affidavit provided for in this section. If the voter
declares that the voter is eligible to vote and the election
authority determines that the voter is eligible to vote at
another polling place, the voter shall be directed to the
correct polling place or a cen tral polling place as
established by the election authority pursuant to subsection
5 of section 115.115. If the voter refuses to go to the
correct polling place or a central polling place, the voter
shall be permitted to vote a provisional ballot at t he
incorrect polling place, but such ballot shall not be
counted if the voter was not eligible to vote at that
polling place.
(2) The following steps shall be taken to establish a
voter's eligibility to vote at a polling place:
(a) The election judge shall examine the precinct
register as provided in section 115.425. If the voter is
registered and eligible to vote at the polling place, the
voter shall receive a regular ballot;
(b) If the voter's eligibility cannot be immediately
established by examining the precinct register, the election
judge shall contact the election authority. If the election
authority cannot immediately establish that the voter is
registered and eligible to vote at the polling place upon
examination of the Missouri voter registration system, or if
the election judge is unable to make contact with the
election authority immediately, the voter shall be notified
that the voter is entitled to a provisional ballot.
(3) The voter shall have the duty to appear and vote
at the correct polling place. If an election judge
determines that the voter is not eligible to vote at the
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polling place at which a voter presents himself or herself,
and if the voter appears to be eligible to vote at another
polling place, the voter shall be informed that he or she
may cast a provisional ballot at the current polling place
or may travel to the correct polling place or a central
polling place, as established by the election authority
under subsection 5 of section 115.115, where the voter may
cast a regular ballot or provisional ballot if the voter's
eligibility still cannot be determined. Provisional ballots
cast at a polling place shall be counted only if the voter
was eligible to vote at such polling place as provided in
subsection 5 of this section.
(4) For a voter requesting an absentee ballot in
person, such voter shall be entitled to cast a provisional
ballot when the voter's eligibility cannot be immediately
established upon examination of the precinct registers or
the Missouri voter registration system.
(5) Prior to accepting any provisional ballot at the
polling place, the election judges shall determine that the
information provided on the provisional ballot envelope by
the provisional voter is consistent with the identification
provided by such person under section 115.427.
3. (1) No person shall be entitled to receive a
provisional ballot until such person has completed a
provisional ballot affidavit on the provisional b allot
envelope.
(2) The secretary of state shall produce appropriate
sizes of provisional ballot envelopes and distribute them to
each election authority according to their tabulating
system. All provisional ballot envelopes shall be printed
on a distinguishable color of paper that is different from
the color of the regular ballot. The provisional ballot
envelope shall be in the form required by subsection 4 of
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this section. All provisional ballots shall be marked with
a conspicuous stamp or other distinguishing mark that makes
them readily distinguishable from the regular ballots.
(3) Once voted, the provisional ballot shall be placed
and sealed in a provisional ballot envelope.
4. The provisional ballot in its envelope shall be
deposited in the ballot box. The provisional ballot
envelope shall be completed by the voter for use in
determining eligibility. The provisional ballot envelope
specified in this section shall contain a voter's
certificate which shall be in subs tantially the following
form:
STATE OF ______
COUNTY OF ______
I do solemnly swear (or affirm) that my name is
______; that my date of birth is ______; that the
last four digits of my Social Security Number are
______; that I am registered to vote in ______
County or City (if a City not within a County),
Missouri; that I am a qualified voter of said
County (or City not within a County); that I am
eligible to vote at this polling place; and that I
have not voted in this election.
I understand that if the above -provided
information is not correct and the election
authority determines that I am not registered and
eligible to vote, my vote will not be counted. I
further understand that knowingly providing false
information is a violat ion of law and subjects me
to possible criminal prosecution.
__________________
(Signature of Voter)
__________________
(Current Address)
Subscribed and affirmed before me this ______ day
of ______, 20______
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The voter may provide additional information to further
assist the election authority in determining eligibility,
including the place and date the voter registere d to vote,
if known.
5. (1) Prior to counting any provisional ballot, the
election authority shall determine if the voter is
registered and eligible to vote and if the vote was properly
cast. The eligibility of provisional votes shall be
determined according to the requirements for a voter to cast
a ballot in the election as set forth in sections 115.133
and 115.135. A provisional voter ballot shall not be
eligible to be counted until the election authority has
determined that:
(a) The voter cast such provisional ballot at a
polling place established for the voter or the central
polling place established by the election authority under
subsection 5 of section 115.115;
(b) The individual who cast the provisional ballot is
an individual registered to vote in the respective election
at the polling place where the ballot was cast;
(c) The voter did not otherwise vote in the same
election by regular ballot, absentee ballot, or otherwise;
and
(d) The information on t he provisional ballot envelope
is found to be correct, complete, and accurate.
(2) When the ballot boxes are delivered to the
election authority from the polling places, the receiving
teams shall separate the provisional ballots from the rest
of the ballots and place the sealed provisional ballot
envelopes in a separate container. Teams of election
__________________
(Signature of Election Official)
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authority employees or teams of election judges with each
team consisting of one member of each major political party
shall photocopy each provisi onal ballot envelope, such
photocopy to be used by the election authority to determine
provisional voter eligibility. The sealed provisional
ballot envelopes shall be placed by the team in a sealed
container and shall remain therein until tabulation.
(3) To determine whether a provisional ballot is valid
and entitled to be counted, the election authority shall
examine its records and verify that the provisional voter is
properly registered and eligible to vote in the election.
If the provisional voter has provided information regarding
the registration agency where the provisional voter
registered to vote, the election authority shall make an
inquiry of the registration agency to determine whether the
provisional voter is properly registe red and eligible to
vote in the election.
(4) If the election authority determines that the
provisional voter is registered and eligible to vote in the
election, the election authority shall provide documentation
verifying the voter's eligibility . Such documentation shall
be noted on the copy of the provisional ballot envelope and
shall contain substantially the following information:
(a) The name of the provisional voter;
(b) The name of the reviewer;
(c) The date and time; a nd
(d) A description of evidence found that supports the
voter's eligibility.
(5) The local election authority shall record on a
provisional ballot acceptance/rejection list the provisional
ballot identification number and a notation marking it as
accepted.
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(6) If the election authority determines that the
provisional voter is not registered or eligible to vote in
the election, the election authority shall provide
documentation verifying the voter's ineligibility. Such
documentation shall be noted on the copy of the provisional
ballot envelope and shall contain substantially the
following information:
(a) The name of the provisional voter;
(b) The name of the reviewer;
(c) The date and time;
(d) A description of why the voter is ineligible.
(7) The local election authority shall record on a
provisional ballot acceptance/rejection list the provisional
ballot identification number and notation marking it as
rejected.
(8) If rejected, a photocop y of the envelope shall be
made and used by the election authority as a mail -in voter
registration. The actual provisional ballot envelope shall
be kept as ballot material, and the copy of the envelope
shall be used by the election authority for regis tration
record keeping.
6. All provisional ballots cast by voters whose
eligibility has been verified as provided in this section
shall be counted in accordance with the rules governing
ballot tabulation. Provisional ballots shall not be counted
until all provisional ballots are determined either eligible
or ineligible and all provisional ballots must be processed
before the election is certified. The provisional ballot
shall be counted only if the election authority determines
that the voter is registered and eligible to vote.
Provisional ballots voted in the wrong polling place shall
not be counted. If the voter is not registered but is
qualified to register for future elections, the affidavit
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shall be considered a mail -in application to register to
vote pursuant to this chapter.
7. (1) After the election authority completes its
review of the provisional voter's eligibility under
subsection 5 of this section, the election authority shall
deliver the provisional ballots and copies of the
provisional ballot envelopes that include eligibility
information to bipartisan counting teams, which may be the
board of verification, for review and tabulation. The
election authority shall maintain a record of such
delivery. The record shall include the number of ballots
delivered to each team and shall include a signed receipt
from two judges, one from each major political party. The
election authority shall provide each team with a ballot box
and material necessary for tabulat ion.
(2) If the person named on the provisional ballot
affidavit is found to have been properly qualified and
registered to cast a ballot in the election and the
provisional ballot otherwise qualifies to be counted under
the provisions of this se ction, the envelope shall be
opened, and the ballot shall be placed in a ballot box to be
counted.
(3) If the person named on the provisional ballot
affidavit is found not to have been properly qualified and
registered to cast a ballot in the ele ction or if the
election authority is unable to determine such person's
right to vote, the envelope containing the provisional
ballot shall not be opened, and the person's vote shall not
be counted. The members of the team shall follow the
procedures set forth in subsection 5 of this section for
rejected provisional ballots.
(4) The votes shall be tallied and the returns made as
provided in sections 115.447 to 115.525 for paper ballots.
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After the vote on all ballots assigned to a team have be en
counted, the ballots, ballot envelopes, and copies of ballot
envelopes with the eligibility information provided by the
election authority shall be enclosed in sealed containers
marked "Voted provisional ballots and ballot envelopes from
the election held ______, 20______". All rejected
provisional ballots, ballot envelopes, and copies of ballot
envelopes with the eligibility information provided by the
election authority shall be enclosed in sealed containers
marked "Rejected provisional ballo ts and ballot envelopes
from the election held ______, 20______". On the outside of
each voted ballot and rejected ballot container, each member
of the team shall write their name and all such containers
shall be returned to the election authority. Upon receipt
of the returns and ballots, the election authority shall
tabulate the provisional votes.
8. Challengers and watchers, as provided by sections
115.105 and 115.107, may be present during all times that
the bipartisan counting teams are reviewing or counting the
provisional ballots, the provisional ballot envelopes, or
copies of the provisional ballot envelopes that include
eligibility information provided by the election authority.
Challengers and watchers shall be permitted to obse rve the
determination of the eligibility of all provisional
ballots. The election authority shall notify the county
chair of each major political party of the time and location
when bipartisan counting teams will be reviewing or counting
the provisional ballots, the provisional ballot envelopes,
or the copies of the provisional ballot envelopes that
include the eligibility information provided by the election
authority.
9. The certificate of ballot cards shall:
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(1) Reflect the number of provisional envelopes
delivered; and
(2) Reflect the number of sealed provisional envelopes
with voted ballots deposited in the ballot box.
10. In counties where the voting system does not
utilize a paper ballot, the election authority shal l provide
the appropriate provisional ballots to each polling place.
11. The secretary of state may promulgate rules for
purposes of ensuring the uniform application of this
section. No rule or portion of a rule promulgated pursuant
to the authority of this section shall become effective
unless it has been promulgated pursuant to chapter 536.
12. The secretary of state shall design and provide to
the election authorities the envelopes and forms necessary
to carry out the provisions of th is section.
13. Pursuant to the Help America Vote Act of 2002, the
secretary of state shall ensure a free access system is
established, such as a toll -free number or an internet
website, that any individual who casts a provisional ballot
may access to discover whether the vote of that individual
was counted, and, if the vote was not counted, the reason
that the vote was not counted. At the time an individual
casts a provisional ballot, the election authority shall
give the voter written infor mation that states that any
individual who casts a provisional ballot will be able to
ascertain under such free access system whether the vote was
counted, and if the vote was not counted, the reason that
the vote was not counted.
14. In accordance with the Help America Vote Act of
2002, any individual who votes in an election as a result of
a court order or any other order extending the time
established for closing the polls in section 115.407 may
vote only by using a provisional ballot, and such
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provisional ballot shall be separated and held apart from
other provisional ballots cast by those not affected by the
order. Such ballots shall not be counted until such time as
the ballots are determined to be valid. No state court
shall have jurisdiction to extend the polling hours
established by law, including section 115.407.
115.637. The following offenses, and any others
specifically so described by law, shall be class four
election offenses and are deemed misdemeanors not connected
with the exercise of the right of suffrage. Conviction for
any of these offenses shall be punished by imprisonment of
not more than one year or by a fine of not more than two
thousand five hundred dollars or by both such imprisonment
and fine:
(1) Stealing or willfully concealing, defacing,
mutilating, or destroying any sample ballots that may be
furnished by an organization or individual at or near any
voting place on election day, except that this subdivision
shall not be construed so as to interfere with the right of
an individual voter to erase or cause to be erased on a
sample ballot the name of any candidate and substituting the
name of the person for whom he or she intends to vote; or to
dispose of the received sample ballot;
(2) Printing, circulating, or causing to be printed or
circulated, any false and fraudulent sample ballots which
appear on their face to be designed as a fraud upon voters;
(3) Purposefully giving a printed or written sample
ballot to any qualified voter which is intended to mislead
the voter;
(4) On the part of any candidate for election to any
office of honor, trust, or profit, offering or promising to
discharge the duties of such office for a less sum than the
salary, fees, or emoluments as fixed by law or promising to
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pay back or donate to any public or private interest any
portion of such salary, fees, or emolument as an inducement
to voters;
(5) On the part of any canvasser appointed to canvass
any registration list, willfully failing to appear, refusing
to continue, or abandoning such canvass or willfully
neglecting to perform his duties in making such canvass or
willfully neglecting any duties lawfully assigned to him or
her;
(6) On the part of any employer, making, enforcing, or
attempting to enforce any order, rule, or regulation or
adopting any other device or method to prevent an employee
from engaging in political activities, accepting candidacy
for nomination to, election to, or the holdin g of, political
office, holding a position as a member of a political
committee, soliciting or receiving funds for political
purpose, acting as chairman or participating in a political
convention, assuming the conduct of any political campaign,
signing, or subscribing his or her name to any initiative,
referendum, or recall petition, or any other petition
circulated pursuant to law;
(7) On the part of any person authorized or employed
to print official ballots, or any person employed in
printing ballots, giving, delivering, or knowingly
permitting to be taken any ballot to or by any person other
than the official under whose direction the ballots are
being printed, any ballot in any form other than that
prescribed by law, or with unauthori zed names, with names
misspelled, or with the names of candidates arranged in any
way other than that authorized by law;
(8) On the part of any election authority or official
charged by law with the duty of distributing the printed
ballots, or any person acting on his or her behalf,
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knowingly distributing or causing to be distributed any
ballot in any manner other than that prescribed by law;
(9) Any person having in his or her possession any
official ballot, except in the performance of his or her
duty as an election authority or official, or in the act of
exercising his or her individual voting privilege;
(10) Willfully mutilating, defacing, or altering any
ballot before it is delivered to a voter;
(11) On the part of any election judge, being
willfully absent from the polls on election day without good
cause or willfully detaining any election material or
equipment and not causing it to be produced at the voting
place at the opening of the polls or within fifteen minut es
thereafter;
(12) On the part of any election authority or
official, willfully neglecting, refusing, or omitting to
perform any duty required of him or her by law with respect
to holding and conducting an election, receiving and
counting out the ballots, or making proper returns;
(13) On the part of any election judge, or party
watcher or challenger, furnishing any information tending in
any way to show the state of the count to any other person
prior to the closing of the polls;
(14) On the part of any voter, except as otherwise
provided by law, allowing his or her ballot to be seen by
any person with the intent of letting it be known how he or
she is about to vote or has voted, or knowingly making a
false statement as to his or her inability to mark a ballot;
(15) On the part of any election judge, disclosing to
any person the name of any candidate for whom a voter has
voted;
(16) Interfering, or attempting to interfere, with any
voter inside a polling place;
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(17) On the part of any person at any registration
site, polling place, counting location or verification
location, causing any breach of the peace or engaging in
disorderly conduct, violence, or threats of violence whereby
such registration, elec tion, count or verification is
impeded or interfered with;
(18) Exit polling, surveying, sampling,
electioneering, distributing election literature, posting
signs or placing vehicles bearing signs with respect to any
candidate or question to be v oted on at an election [on
election day] inside the building in which a polling place
is located on election day or during the absentee voting
period or within [twenty-five] fifty feet of the building's
outer door closest to the polling place on election day or
during the absentee voting period , or, on the part of any
person, refusing to remove or permit removal from property
owned or controlled by such person, any such election sign
or literature located within such distance on such day after
request for removal by any person;
(19) Stealing or willfully defacing, mutilating, or
destroying any campaign yard sign on private property,
except that this subdivision shall not be construed to
interfere with the right of any private property owner to
take any action with regard to campaign yard signs on the
owner's property and this subdivision shall not be construed
to interfere with the right of any candidate, or the
candidate's designee, to remove the candidate's campaign
yard sign from the owner's private property after the
election day.
115.638. 1. A person commits the offense of tampering
with an election official if, with the purpose to harass or
intimidate an election official in the performance of such
official's official duties, such person:
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(1) Threatens or causes harm to such election official
or members of such election official's family;
(2) Uses force, threats, or deception against or
toward such election official or members of such election
official's family;
(3) Attempts to induce, influence, or pressure an
election official or members of an election official's
family to violate any provision of this chapter;
(4) Engages in conduct reasonably calculated to harass
or alarm such election official or such election official's
family, including stalking pursuant to section 565.225 or
565.227;
(5) Disseminates through any means, including by
posting on the internet, the personal information of an
election official or any memb er of an election official's
family.
2. The offense of tampering with an election official
shall be a class C misdemeanor. If a violation of this
section results in death or bodily injury to an election
official or a member of the official's fam ily, the offense
shall be a class B felony.
3. For purposes of this section, the following terms
mean:
(1) "Election official", includes election judges,
challengers, watchers, and other volunteers or employees of
an election authority;
(2) "Personal information", includes a home address,
home telephone number, mobile telephone number, personal
email address, Social Security number, federal tax
identification number, checking and savings account numbers,
credit card numbers, marita l status, or identity of a child
under eighteen years of age.