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. 350
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR HOSKINS.
1358S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 115.642, RSMo, and to enact in lieu thereof one new section relating to election
crimes and security.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 115.642, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 115.642, 2
to read as follows:3
115.642. 1. [Any person may file a complaint with the 1
secretary of state stating the name of any person who has 2
violated any of the provisions of sections 115.629 to 3
115.646 and stating the facts of the alleged offense, sworn 4
to, under penalty of perjury. 5
2. Within thirty days of receiving a complaint, the 6
secretary of state shall notify the person filing the 7
complaint whether or not the secretary has dismissed the 8
complaint or will commence an investigation. The secretary 9
of state shall dismiss frivolous complain ts. For purposes 10
of this subsection, "frivolous complaint" shall mean an 11
allegation clearly lacking any basis in fact or law. Any 12
person who makes a frivolous complaint pursuant to this 13
section shall be liable for actual and compensatory damages 14
to the alleged violator for holding the alleged violator 15
before the public in a false light. If reasonable grounds 16
appear that the alleged offense was committed, the secretary 17
of state may issue a probable cause statement. If the 18 SB 350 2
secretary of state issu es a probable cause statement, he or 19
she may refer the offense to the appropriate prosecuting 20
attorney. 21
3. Notwithstanding the provisions of section 27.060, 22
56.060, or 56.430 to the contrary, when requested by the 23
prosecuting attorney or circuit attorney, the secretary of 24
state or his or her authorized representatives may aid any 25
prosecuting attorney or circuit attorney in the commencement 26
and prosecution of election offenses as provided in sections 27
115.629 to 115.646. 28
4. (1) The secretary of state may investigate any 29
suspected violation of any of the provisions of sections 30
115.629 to 115.646. 31
(2) (a) The secretary of state or an authorized 32
representative of the secretary of state shall have the 33
power to require the production of books, papers, 34
correspondence, memoranda, contracts, agreements, and other 35
records by subpoena or otherwise when necessary to conduct 36
an investigation under this section. Such powers shall be 37
exercised only at the specific written direction of the 38
secretary of state or his or her chief deputy. 39
(b) If any person refuses to comply with a subpoena 40
issued under this subsection, the secretary of state may 41
seek to enforce the subpoena before a court of competent 42
jurisdiction to require the prod uction of books, papers, 43
correspondence, memoranda, contracts, agreements, and other 44
records. The court may issue an order requiring the person 45
to produce records relating to the matter under 46
investigation or in question. Any person who fails to 47
comply with the order may be held in contempt of court. 48
(c) The provisions of this subdivision shall expire on 49
August 28, 2025.] The "Office of Election Crimes and 50 SB 350 3
Security" is hereby created within the office of the 51
secretary of state. The secretary of state shall appoint a 52
director of the office. The office shall be based in 53
Jefferson City and shall employ investigators. The 54
positions and resources necessary for the office to 55
accomplish its duties shall be established through and 56
subject to the legislative appropriations process. 57
2. (1) The office of election crimes and security 58
shall have the following responsibilities and authority: 59
(a) The office may review complaints and conduct 60
investigations into alleged violations of thi s chapter, or 61
any rule adopted pursuant thereto; 62
(b) The office shall oversee a voter fraud hotline; 63
(c) For purposes of investigation, the office shall 64
have the authority to receive sworn statements and to issue 65
subpoenas to compel the prod uction of records, books, 66
papers, correspondence, memoranda, contracts, agreements, 67
and other documents by subpoena or otherwise when necessary 68
to conduct an investigation pursuant to this section. 69
(2) If any person refuses to comply with a subpoe na 70
issued pursuant to this subsection, the secretary of state 71
may seek to enforce the subpoena before a court of competent 72
jurisdiction. The court may issue an order requiring the 73
person to produce the documents relating to the matter under 74
investigation or in question. Any person who fails to 75
comply with the order may be held in contempt of court. 76
(3) If during the course of investigation, the office 77
determines that there may be a violation of any criminal law 78
or provision of this chapter, the findings of the 79
investigation shall be turned over to the attorney general 80
and prosecuting attorney for the jurisdiction where the 81 SB 350 4
violation may have occurred for further investigation or 82
prosecution. 83
(4) This section does not limit the juris diction of 84
any other office or agency of the state empowered by law to 85
investigate, act upon, or dispose of alleged violation of 86
this chapter. 87
(5) (a) By January fifteenth of each year, the office 88
shall submit a report to the governor, the presi dent pro 89
tempore of the senate, and the speaker of the house of 90
representatives detailing information on investigations of 91
alleged violations of this chapter conducted during the 92
prior calendar year. 93
(b) The report shall include the total number of 94
complaints received and independent investigations 95
initiated, and the number of complaints referred to another 96
agency for further investigation or prosecution. 97
(c) For each alleged violation investigated, the 98
report shall include: 99
a. The source of the alleged violation; 100
b. The law allegedly violated and the nature of the 101
alleged violation reported; 102
c. The county in which the alleged violation occurred; 103
d. Whether the alleged violation was referred to 104
another entity for further investigation or prosecution, and 105
if so, to which entity; and 106
e. The current status of the investigation or 107
resulting criminal case. 108
3. Notwithstanding any other provision of law to the 109
contrary, a member of the office of election c rimes and 110
security, upon the receipt of a complaint of any alleged 111
violation of this chapter, may enter a polling place or 112
office of any election authority during the absentee voting 113 SB 350 5
period, election day, or during the canvass of votes for the 114
purposes of investigating any potential violation of this 115
chapter. 116
4. The attorney general shall have investigative 117
authority over all violations over any of the provisions of 118
sections 115.629 to 115.646 throughout the state. 119
5. The attorney general shall have concurrent 120
prosecution authority with the appropriate prosecuting 121
attorney over all violations of the provisions of sections 122
115.629 to 115.646. 123