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. 44
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
0991S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 115.013, 115.163, 115.179, 115.181, 115.193, and 115.221, RSMo, and to enact
in lieu thereof six new sections relating to the maintenance of voter registration records.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.013, 115.163, 115.179, 115.181, 1
115.193, and 115.221, RSMo, are repealed and six ne w sections 2
enacted in lieu thereof, to be known as sections 115.013, 3
115.163, 115.179, 115.181, 115.193, and 115.221, to read as 4
follows:5
115.013. As used in this chapter, unless the context 1
clearly implies otherwise, the following terms mean: 2
(1) "Air-gap" or "air-gapped", a security measure in 3
which equipment is physically and technically isolated from 4
any network and is not directly connected to the internet 5
nor is it connected to any other system that is connected to 6
the internet. Data can only be passed to an air -gapped 7
device physically via a USB or other removable media; 8
(2) "Automatic tabulating equipment", the apparatus 9
necessary to examine and automatically count votes, and the 10
data processing machines which are used for counting votes 11
and tabulating results and which are air -gapped and not 12
physically able to be connected to a network; 13
(3) "Ballot", the paper ballot, or ballot designed 14
for use with an electronic voting system on which each voter 15 SB 44 2
may cast all votes to which he or she is entitled at an 16
election; 17
(4) "Ballot label", the card, paper, booklet, page, or 18
other material containing the names of all offices and 19
candidates and statements of all questions to be voted on; 20
(5) "Counting location", a location selected by the 21
election authority for the automatic processing or counting, 22
or both, of ballots; 23
(6) "County", any county in this state or any city not 24
within a county; 25
(7) "Disqualified", a determination made by a court of 26
competent jurisdiction, the Missouri ethics commission, an 27
election authority or any other body authorized by law to 28
make such a determination that a candidate is ineligible to 29
hold office or not entitled to be voted on for office; 30
(8) "District", an area within the state or within a 31
political subdivision of the state from which a person is 32
elected to represent the area on a policy -making body with 33
representatives of other areas in the state or political 34
subdivision; 35
(9) "Electronic voting machine", any part of an air - 36
gapped electronic voting system on which a voter is able to 37
cast a ballot under this chapter; 38
(10) "Electronic voting system", a system of casting 39
votes by use of marking devices, and counting votes by use 40
of automatic air-gapped tabulating or air -gapped data 41
processing equipment, including computerized voting systems 42
that mark or tabulate ballots; 43
(11) "Established political party" for the state, a 44
political party which, at either of the last two general 45
elections, polled for its candidate for any statewide office 46
more than two percent of the entire vote cast for the 47 SB 44 3
office. "Established political party" for any district or 48
political subdivision shall mean a political party which 49
polled more than two p ercent of the entire vote cast at 50
either of the last two elections in which the district or 51
political subdivision voted as a unit for the election of 52
officers or representatives to serve its area; 53
(12) "Federal office", the office of presidential 54
elector, United States senator, or representative in 55
Congress; 56
(13) "Independent", a candidate who is not a candidate 57
of any political party and who is running for an office for 58
which political party candidates may run; 59
(14) "Major political party", the political party 60
whose candidates received the highest or second highest 61
number of votes at the last general election; 62
(15) "Marking device", any device approved by the 63
secretary of state under section 115.225 which will enable 64
the votes to be counted by automatic tabulating equipment; 65
(16) "Municipal" or "municipality", a city, village, 66
or incorporated town of this state; 67
(17) "New party", any political group which has filed 68
a valid petition and is entitled to place its list of 69
candidates on the ballot at the next general or special 70
election; 71
(18) "Nonpartisan", a candidate who is not a candidate 72
of any political party and who is running for an office for 73
which party candidates may not run; 74
(19) "Political party", any established political 75
party and any new party; 76
(20) "Political subdivision", a county, city, town, 77
village, or township of a township organization county; 78 SB 44 4
(21) "Polling place", the voting place designated for 79
all voters residing in one or more precincts for any 80
election; 81
(22) "Precincts", the geographical areas into which 82
the election authority divides its jurisdiction for the 83
purpose of conducting elections; 84
(23) "Public office", any office established by 85
constitution, statute or charter and any employment under 86
the United States, the state of Missouri, or any political 87
subdivision or special district thereof, but does not 88
include any office in the Missouri state defense force or 89
the National Guard or the off ice of notary public or city 90
attorney in cities of the third classification or cities of 91
the fourth classification; 92
(24) "Question", any measure on the ballot which can 93
be voted "YES" or "NO"; 94
(25) "Relative within the second degree by 95
consanguinity or affinity", a spouse, parent, child, 96
grandparent, brother, sister, grandchild, mother -in-law, 97
father-in-law, daughter-in-law, or son-in-law; 98
(26) "Special district", any school district, water 99
district, fire protection district, hospit al district, 100
health center, nursing district, or other districts with 101
taxing authority, or other district formed pursuant to the 102
laws of Missouri to provide limited, specific services; 103
(27) "Special election", elections called by any 104
school district, water district, fire protection district, 105
or other district formed pursuant to the laws of Missouri to 106
provide limited, specific services; and 107
(28) "Voter activity", registering to vote, voting in 108
an election, signing a petition to form a new political 109
party, signing a petition for the nomination of an 110 SB 44 5
independent candidate for office, or signing an initiative 111
petition; 112
(29) "Voting district", the one or more precincts 113
within which all voters vote at a single polling place for 114
any election. 115
115.163. 1. Each election authority shall use the 1
Missouri voter registration system established by section 2
115.158 to prepare a list of legally registered voters for 3
each precinct. The list shall be arranged alphabeticall y or 4
by street address as the election authority determines and 5
shall be known as the precinct register. The precinct 6
registers shall be kept by the election authority in a 7
secure place, except when given to election judges for use 8
at an election. Except as provided in subsection 6 of 9
section 115.157, all registration records shall be open to 10
inspection by the public at all reasonable times. 11
2. A new precinct register shall be prepared by the 12
election authority prior to each election. 13
3. (1) The election authority shall send to each 14
voter, except those who registered by mail and have not 15
voted, a voter identification card no later than ninety days 16
prior to the date of a primary or general election for 17
federal office, unless the vot er has received such a card 18
during the preceding six months. The election authority 19
shall send to each voter who registered by mail and has not 20
voted the verification notice required under section 115.155 21
no later than ninety days prior to the date of a primary or 22
general election for federal office. 23
(2) The voter identification card shall contain the 24
voter's name, address, political party affiliation, and 25
precinct. The card also shall inform the voter of the 26
personal identification requirem ent in section 115.427 and 27 SB 44 6
may also contain other voting information at the discretion 28
of the election authority. 29
(3) The voter identification card shall be sent to a 30
voter, except those who registered by mail and have not 31
voted, after a new regi stration or a change of address. If 32
any voter, except those who registered by mail and have not 33
voted, shall lose his or her voter identification card or 34
change political party affiliation, [he or she] the voter 35
may request a new card from the electio n authority. 36
(4) The issuance of voter identification [card 37
authorized] cards pursuant to subdivision (1) of this 38
[section may be used as ] subsection shall be considered a 39
canvass of voters [in lieu of the provisions set out in ] 40
pursuant to sections 115.179 to 115.193. 41
(5) Except as provided in subsection 6 of section 42
115.157, anyone, upon request and payment of a reasonable 43
fee, may obtain a printout, list and/or computer tape of 44
those newly registered voters or voters deleted from the 45
voting rolls, since the last canvass or updating of the 46
rolls. 47
(6) The election authority may authorize the use of 48
the postal service contractors under the federal National 49
Change of Address program to identify those voters whose 50
address is not correct on the voter registration records. 51
The election authority shall not be required to mail a voter 52
registration card to those voters whose addresses are 53
incorrect. Confirmation notices to such voters required by 54
section 115.193 shall be sent to t he corrected address 55
provided by the National Change of Address program. 56
115.179. [1.] The election authority shall [have] 1
canvass the registration records of all precincts in its 2
jurisdiction [canvassed] every two years [in accordance with 3 SB 44 7
subsection 3 of section 115.163 and that it ]. Such canvass 4
shall be completed no later than ninety days prior to the 5
date of a primary or general election for federal office. 6
[The election authority may utilize postal service 7
contractors under the federal National Change of Address 8
program to canvass the records. 9
2. In each jurisdiction without a board of election 10
commissioners, the county clerk shall have the registration 11
records of all precincts in its jurisdiction canvassed every 12
two years in accordance with subsection 3 of section 115.163 13
and that it be completed no later than ninety days prior to 14
the date of a primary or general election for federal 15
office.] 16
115.181. 1. In its discretion, the election au thority 1
may order all or any part of a canvass to be made using any 2
one of the following methods, or any combination thereof: 3
(1) House-to-house, pursuant to sections 115.185 and 4
115.187; 5
(2) Through the United States Postal Service, [or by 6
both methods] pursuant to section 115.189; 7
(3) Through the issuance of voter registration cards 8
pursuant to subsection 3 of section 115.163; or 9
(4) Through the utilization of postal service 10
contractors pursuant to the federal National Change of 11
Address program. 12
2. At the discretion of the election authority, [the] 13
a canvass may be made by including only those voters who did 14
not vote at the last general election and those voters who 15
registered since the last general election. 16
115.193. 1. Upon completion of a canvass as provided 1
for in this chapter, the election authority shall remove a 2
registered voter's name [shall not be removed ] from the list 3 SB 44 8
of registered voters on the precinct register on the ground 4
that the voter has changed residence [unless] if: 5
(1) The voter confirms in writing that the voter has 6
changed residence to a place outside the election 7
authority's jurisdiction in which the voter is registered; or 8
(2) The voter fails to re spond to a notice described 9
in subsection 3 of this section and has not [voted in an 10
election] engaged in voter activity during the period 11
beginning on the date of the notice and ending on the day 12
after the date of the second general election that occu rs 13
after the date of the notice. 14
2. The notice referred to in subsection 1, subdivision 15
(2) of this section shall contain a postage prepaid and 16
preaddressed return card, sent by forwardable mail, on which 17
the voter may state the voter's current a ddress. 18
3. The notice shall also contain the following 19
statements: 20
"(1) Any voter who has not changed his or her 21
residence, or has changed residence but remained in the same 22
election authority's jurisdiction, shall return the card not 23
later than the fourth Wednesday prior to the next election. 24
If the card is not returned by this date, oral or written 25
affirmation of the voter's address may be required at the 26
polling place before the voter will be permitted to vote in 27
an election during t he period beginning on the date of the 28
notice and ending on the day after the date of the second 29
general election that occurs after the date of the notice. 30
Any voter who does not [vote in an election] engage in voter 31
activity during that period, will have his or her name 32
removed from the list of eligible voters; 33
(2) For additional information on registering to vote, 34
contact the election authority located in the county of your 35 SB 44 9
current residence. If you reside in the City of St. Louis, 36
contact the St. Louis City election board." 37
4. If the election authority believes that the name of 38
any voter was improperly removed from the [registration 39
records] list of registered voters on the precinct register , 40
it may, by telephone or in writing on election day, 41
authorize election judges to permit the voter to vote. The 42
voter may be required to execute an affidavit of 43
qualification on a form prescribed by the election authority 44
before being permitted to vote. 45
5. An election authority may d esignate any voter as an 46
inactive voter if the election authority receives from the 47
United States Postal Service notification that the voter no 48
longer resides at the address last known to the election 49
authority and no forwarding address is available, o r the 50
voter fails to respond to the notice authorized in 51
subdivision (2) of subsection 1 of this section within 52
thirty days after the election authority sends such notice. 53
Such voter may be designated as an inactive voter only until: 54
(1) The voter returns such notice to the election 55
authority; 56
(2) The voter provides the election authority with his 57
or her new address pursuant to the provisions of this 58
chapter; 59
(3) The voter provides a written affirmation that the 60
voter has not changed residence; or 61
(4) The election authority receives sufficient 62
information to remove the voter from the list of registered 63
voters pursuant to this section or section 115.165, or 64
return the voter to the active list of registered voters in 65
the jurisdiction. 66 SB 44 10
6. An election authority may exclude inactive voters 67
to determine only: 68
(1) The number of ballots to be printed pursuant to 69
section 115.247; 70
(2) The proportional costs of elections; or 71
(3) Mailing information to regist ered voters. 72
115.221. [Notwithstanding any other provisions of law 1
to the contrary,] 2
1. Each election authority may [have] inspect the 3
voting records [inspected and may] of all precincts in its 4
jurisdiction. 5
2. (1) Each election authority shall investigate the 6
qualifications of any person who has not [voted] engaged in 7
voter activity or has transferred his or her registration 8
within the [four] two preceding calendar years. 9
(2) If an election authority determines that a 10
registered voter has not engaged in voter activity within 11
the two preceding calendar years, the election authority 12
shall include such registered voter in any canvass conducted 13
pursuant to section 115.181. 14