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. 98
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR EIGEL.
0515S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 115.013, 115.045, 115.051, 115.065, 115.076, 115.081, 115.157, 115.158,
115.225, 115.227, 115.229, 115.233, 115.235, 115.237, 115.249, 115.255, 115.257,
115.259, 115.261, 115.263, 115.265, 115.267, 115.269, 115.271, 115.273, 115.287,
115.299, 115.415, 115.417, 115.419, 115.421, 115.423, 115.430, 115.433, 115.436,
115.439, 115.443, 115.447, 115.449, 115.451, 115.456, 115.459, 115.461, 115.467,
115.469, 115.471, 115.473, 115.475, 115.477, 115.479, 115.481, 115.483, 115.493,
115.495, 115.501, 115.503, 115.527, 115.531, 115.541, 115.553, 115.585, 115.631,
115.633, and 115.655, RSMo, and to enact in lieu thereof forty new sections relating
to elections, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.013, 115.045, 115.051, 115.065, 1
115.076, 115.081, 115.157, 115.158, 115.225, 115. 227, 115.229, 2
115.233, 115.235, 115.237, 115.249, 115.255, 115.257, 115.259, 3
115.261, 115.263, 115.265, 115.267, 115.269, 115.271, 115.273, 4
115.287, 115.299, 115.415, 115.417, 115.419, 115.421, 115.423, 5
115.430, 115.433, 115.436, 115.439, 115.443, 115.447, 115.449, 6
115.451, 115.456, 115.459, 115.461, 115.467, 115.469, 115.471, 7
115.473, 115.475, 115.477, 115.479, 115.481, 115.483, 115.493, 8
115.495, 115.501, 115.503, 115.527, 115.531, 115.541, 115.553, 9
115.585, 115.631, 115.633, and 115.655, RSMo, are repeale d and 10
forty new sections enacted in lieu thereof, to be known as 11
sections 28.900, 115.013, 115.045, 115.051, 115.065, 115.076, 12
115.081, 115.157, 115.158, 115.225, 115.226, 115.237, 115.287, 13
115.299, 115.415, 115.417, 115.419, 115.421, 115.423, 115.430, 14 SB 98 2
115.433, 115.436, 115.439, 115.443, 115.447, 115.449, 115.451, 15
115.456, 115.459, 115.461, 115.493, 115.501, 115.527, 115.531, 16
115.541, 115.553, 115.585, 115.631, 115.633, and 115.655, to 17
read as follows:18
28.900. The secretary of state, including any de puty 1
or employee thereof, shall not enter into any contract with 2
a foreign entity on behalf of the office of the secretary of 3
state or the state of Missouri that would aid in 4
administering any provision of chapter 115 or chapter 116. 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 di rectly 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 a pparatus 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 15
voter may cast all votes to which he or she is entitled at 16
an election; 17
[(4)] (2) "Ballot label", the card, paper, booklet, 18
page, or other material cont aining the names of all offices 19
and candidates and statements of all questions to be voted 20
on; 21 SB 98 3
[(5)] (3) "Counting location", a location selected by 22
the election authority for the automatic processing or 23
counting, or both, of ballots; 24
[(6)] (4) "County", any county in this state or any 25
city not within a county; 26
[(7)] (5) "Disqualified", a determination made by a 27
court of competent jurisdiction, the Missouri ethics 28
commission, an election authority or any other body 29
authorized by law to make such a determination that a 30
candidate is ineligible to hold office or not entitled to be 31
voted on for office; 32
[(8)] (6) "District", an area within the state or 33
within a political subdivision of the state from which a 34
person is elected to represent the area on a policy -making 35
body with representatives of other areas in the state or 36
political subdivision; 37
[(9) "Electronic voting machine", any part of an air - 38
gapped electronic voting system on which a voter is able to 39
cast a ballot under this chapter; 40
(10) "Electronic voting system", a system of casting 41
votes by use of marking devices, and counting votes by use 42
of automatic air-gapped tabulating or air -gapped data 43
processing equipment, including computerized voting systems 44
that mark or tabulate ballots; 45
(11)] (7) "Established political party" for the state, 46
a political party which, at either of the last two general 47
elections, polled for its candidate for any statewide office 48
more than two percent of the entire vote cast for the 49
office. "Established political party" for any district or 50
political subdivision shall mean a political party which 51
polled more than two percent of the entire vote cast at 52
either of the last two elections in which the district or 53 SB 98 4
political subdivision voted as a unit for the election of 54
officers or representatives to serve its area; 55
[(12)] (8) "Federal office", the office of 56
presidential elector, United States senator, or 57
representative in Congress; 58
[(13)] (9) "Independent", a candidate who is not a 59
candidate of any political party and who is running for an 60
office for which political party candidates may run; 61
[(14)] (10) "Major political party", the political 62
party whose candidates received the highest or second 63
highest number of votes at the last general election; 64
[(15) "Marking device", any device approved by the 65
secretary of state under section 115.225 which will enable 66
the votes to be counted by automatic tabulating equipment; 67
(16)] (11) "Municipal" or "municipality", a city, 68
village, or incorporated town of this state; 69
[(17)] (12) "New party", any political group which has 70
filed a valid petition and is entitled to place its list of 71
candidates on the ballot at the next general or special 72
election; 73
[(18)] (13) "Nonpartisan", a candidate who is not a 74
candidate of any political party and who is running for an 75
office for which party candidates may not run; 76
[(19)] (14) "Political party", any established 77
political party and any new party; 78
[(20)] (15) "Political subdivision", a county, city, 79
town, village, or township of a township organization county; 80
[(21)] (16) "Polling place", the voting place 81
designated for all voters residing in one or more precincts 82
for any election; 83 SB 98 5
[(22)] (17) "Precincts", the geographical areas into 84
which the election authority divides its jurisdiction for 85
the purpose of conducting elections; 86
[(23)] (18) "Public office", any office established by 87
constitution, statute or charter and any employment under 88
the United States, the state of Missouri, or any political 89
subdivision or special district thereof, but does not 90
include any office in the Missouri state defense force or 91
the National Guard or the office of notary public or ci ty 92
attorney in cities of the third classification or cities of 93
the fourth classification; 94
[(24)] (19) "Question", any measure on the ballot 95
which can be voted "YES" or "NO"; 96
[(25)] (20) "Relative within the second degree by 97
consanguinity or affinity", a spouse, parent, child, 98
grandparent, brother, sister, grandchild, mother -in-law, 99
father-in-law, daughter-in-law, or son-in-law; 100
[(26)] (21) "Special district", any school district, 101
water district, fire protection district, hospital di strict, 102
health center, nursing district, or other districts with 103
taxing authority, or other district formed pursuant to the 104
laws of Missouri to provide limited, specific services; 105
[(27)] (22) "Special election", elections called by 106
any school district, water district, fire protection 107
district, or other district formed pursuant to the laws of 108
Missouri to provide limited, specific services; and 109
[(28)] (23) "Voting district", the one or more 110
precincts within which all voters vote at a single polling 111
place for any election. 112
115.045. Each election authority shall have the 1
authority to employ such attorneys and other employees as 2
may be necessary to promptly and correctly perform the 3 SB 98 6
duties of the election authority. Where [an electronic 4
voting system or] voting machines authorized under section 5
115.226 are used, the election authority shall designate 6
competent employees to have custody of and supervise 7
maintenance of the voting equipment. Board of election 8
commissioners' employees shall be subject to the same 9
restrictions and subscribe the same oath as members of the 10
board of election commissioners, except that no employee of 11
a board of election commissioners shall be required to post 12
bond or reside and be a reg istered voter within the 13
jurisdiction of the election authority unless directed to do 14
so by the board. Employee oaths and any bonds shall be 15
filed and preserved in the office of the board. 16
115.051. 1. In each county which does not have a 1
board of election commissioners, the county clerk shall have 2
the right to employ such deputies and assistants as are 3
necessary to promptly and correctly register voters and 4
conduct elections. Where [an electronic voting system or ] 5
voting machines authorized under section 115.226 are used, 6
the county clerk shall designate competent employees to have 7
custody of and supervise maintenance of the voting 8
equipment. Each deputy shall be subject to the same 9
restrictions and subscribe the same oath as the county 10
clerk, except that no employee shall be required to post 11
bond or reside and be a registered voter within the 12
jurisdiction of the election authority unless directed to do 13
so by the clerk. Employee oaths and any bonds shall be 14
filed and preserved in the office of the county clerk. 15
2. Within the total amount for deputies and assistants 16
approved by the county commission, the salary of each deputy 17
and assistant shall be set by the county clerk. 18 SB 98 7
115.065. 1. Except as provided in sections 115.069, 1
115.071, 115.073 and 115.077, when any question or candidate 2
is submitted to a vote by two or more political subdivisions 3
or special districts, or by the state and one or more 4
political subdivisions or special district s at the same 5
election, all costs of the election shall be paid 6
proportionally from the general revenues of the state and 7
all political subdivisions and special districts submitting 8
a question or candidate at the election, except that costs 9
of publications of legal notice of elections shall not be 10
paid proportionally. The state and each political 11
subdivision and each special district shall pay for 12
publication of its legal notice of election. At the 13
discretion of the election authority, ballot pri nting costs, 14
if any, may be paid proportionally or the state and each 15
political subdivision and each special district may pay for 16
such ballot printing costs, if any. 17
2. Except as provided in sections 115.069, 115.071 and 18
115.073, when any questio n or candidate is submitted to a 19
vote by two or more political subdivisions or special 20
districts at the same election, all costs of the election 21
shall be paid proportionally from the general revenues of 22
all political subdivisions and special districts submitting 23
a question or candidate at the election. 24
3. Proportional election costs paid under the 25
provisions of subsection 2 of this section shall be assessed 26
by charging each political subdivision and special district 27
the same percentage of the total cost of the election as the 28
number of registered voters of the political subdivision or 29
special district on the day of the election is to the total 30
number of registered voters on the day of the election, 31
derived by adding together the number of r egistered voters 32 SB 98 8
in each political subdivision and special district 33
submitting a question or candidate at the election. 34
4. "Proportional costs" and "election costs", as used 35
in this chapter, are defined as those costs that require 36
additional out-of-pocket expense by the election authority 37
in conducting an election. It may include reimbursement to 38
county general revenue for the salaries of employees of the 39
election authority for the hours worked to conduct an 40
election, the rental of any [electronic] voting machine 41
authorized under section 115.226 or electronic poll book, 42
any indirect expenses identified under an independent cost 43
allocation study and an amount not to exceed five percent of 44
the total cost of election to be credited to the ele ction 45
services fund of the county. The election services fund 46
shall be budgeted and expended at the direction of the 47
election authority and shall not be used to substitute for 48
or subsidize any allocation of general revenue for the 49
operation of the election authority's office without the 50
express consent of the election authority. The election 51
services fund may be audited by the appropriate auditing 52
agency, and any unexpended balance shall be left in the fund 53
to accumulate from year to year with in terest. The election 54
services fund shall be used by the election authority for 55
training programs and purchase of additional supplies or 56
equipment to improve the conduct of elections, including 57
anything necessarily pertaining thereto. In addition to 58
these costs, the state shall, subject to appropriation, 59
compensate the election services fund for transactions 60
submitted pursuant to the provisions of section 115.157. 61
115.076. 1. (1) Subject to appropriation of federal 1
funds, the secretary of state shall administer a grant, 2 SB 98 9
loan, or other aid program for the purpose of providing 3
funds to election authorities: 4
[(1)] (a) To purchase electronic voting machines that 5
are accessible to all individuals with disabilities, 6
including people who are blind or visually impaired; 7
[(2)] (b) To make polling places, including path of 8
travel, entrances, exits and voting areas of each polling 9
facility accessible to individuals with disabilities, 10
including the blind and visually impa ired, in a manner that 11
provides the same opportunity for access and secret, 12
independent and verifiable participation, including privacy 13
and independence, as for other voters; 14
[(3)] (c) To provide individuals with disabilities and 15
individuals who are blind and visually impaired with 16
information about the accessibility of polling places, 17
including outreach programs to inform individuals about the 18
availability of accessible polling places and to train 19
election officials, poll workers, and electio n volunteers on 20
how to best promote the access and participation of 21
individuals in elections, and to provide assistance in all 22
accommodations needed by voters with disabilities. 23
(2) Such funding may be in the form of matching 24
grants. The secretary of state when awarding grants shall 25
give priority to jurisdictions which have the highest number 26
of residents, according to the most recent federal census, 27
with an income below the federal poverty level as 28
established by the federal Department of Health and Human 29
Services or its successor agency. The secretary of state 30
may promulgate rules to effectuate the provisions of this 31
section. 32
2. Any rule or portion of a rule, as that term is 33
defined in section 536.010, that is created under the 34 SB 98 10
authority delegated in this section shall become effective 35
only if it complies with and is subject to all of the 36
provisions of chapter 536 and, if applicable, section 37
536.028. This section and chapter 536 are nonseverable and 38
if any of the powers ves ted with the general assembly 39
pursuant to chapter 536 to review, to delay the effective 40
date or to disapprove and annul a rule are subsequently held 41
unconstitutional, then the grant of rulemaking authority and 42
any rule proposed or adopted after August 28, 2002, shall be 43
invalid and void. 44
115.081. 1. [Each election authority ] The committee 1
of each major political party shall appoint election judges 2
for each polling place within [its] each jurisdiction in 3
accordance with the provi sions of this section. 4
2. In all [primary and general] elections, the 5
[election authority] committee of each major political party 6
shall appoint at least two judges [from each major political 7
party] to serve at each polling place. [The committee of 8
each major political party within the jurisdiction of an 9
election authority is authorized to provide the election 10
authority with a list of election judge candidates who meet 11
the requirements under section 115.085. ] The candidates 12
shall not be required to reside within the jurisdiction of 13
the election authority, as authorized under section 14
115.085. If a committee of a major political party within 15
the jurisdiction of an election authority fails to [provide] 16
appoint the prescribed number of [qualified names to fill 17
all] election [judge positions before the date established 18
by the election authority ] judges at least ninety days prior 19
to the election, the election authority may select judges to 20
fill the positions as provided by law. If the election 21
authority determines that [a name submitted] an election 22 SB 98 11
judge appointed by a committee of a major political party is 23
not qualified to serve as an election judge, the election 24
authority shall allow the party to [submit another name] 25
appoint another judge before filling the position as 26
provided by law. No major political party shall have a 27
majority of the judges at any polling place. No established 28
party shall have a greater number of judges at any polling 29
place than any major political party . 30
3. [In any election that is not a primary or general 31
election, the election authority shall appoint at least one 32
judge from each major political party to serve at each 33
polling place. No major political party shall have a 34
majority of the judges at any polling place. No established 35
party shall have a greater number of judges at any polling 36
place than any major political party. 37
4.] The election authority shall designate two of the 38
judges appointed for each polling place, one from each ma jor 39
political party, as supervisory judges. Supervisory judges 40
shall be responsible for the return of election supplies 41
from the polling place to the election authority and shall 42
have any additional duties prescribed by the election 43
authority. 44
[5.] 4. Election judges may be employed to serve for 45
the first half or last half of any election day. Such 46
judges shall be paid one -half the regular rate of pay. If 47
part-time judges are employed, the election authority shall 48
employ such judges and sh all see that a sufficient number 49
for each period are present at all times so as to have the 50
proper total number of judges present at each polling place 51
throughout each election day. The election authority shall 52
require that at each polling place at le ast one election 53
judge from each political party serve a full day and that at 54 SB 98 12
all times during the day there be an equal number of 55
election judges from each political party. 56
[6.] 5. An election authority may appoint additional 57
election judges representing other established political 58
parties and additional election judges who do not claim a 59
political affiliation. Any question which requires a 60
decision by the majority of judges shall only be made by the 61
judges from the major political parties. 62
115.157. 1. The election authority may place all 1
information on any registration cards in computerized form 2
in accordance with section 115.158. No election authority 3
or secretary of state shall furnish to any member of the 4
public electronic media or printout showing any registration 5
information, except as provided in this section. Except as 6
provided in subsection 2 of this section, the election 7
authority or secretary of state shall make available 8
electronic media or printouts showing only unique voter 9
identification numbers, voters' names, year of birth, 10
addresses, townships or wards, and precincts. Electronic 11
data shall be maintained in at least the following separate 12
fields: 13
(1) Voter identification number; 14
(2) First name; 15
(3) Middle initial; 16
(4) Last name; 17
(5) Suffix; 18
(6) Street number; 19
(7) Street direction; 20
(8) Street name; 21
(9) Street suffix; 22
(10) Apartment number; 23
(11) City; 24 SB 98 13
(12) State; 25
(13) Zip code; 26
(14) Township; 27
(15) Ward; 28
(16) Precinct; 29
(17) Senatorial district; 30
(18) Representative district; 31
(19) Congressional district; and 32
(20) Political party affiliation. 33
2. All election authorities shall enter voter history 34
in their computerized registration systems and shall, not 35
more than three months after the election, forward such data 36
to the Missouri voter registration system established in 37
section 115.158. In addition, election authorities sha ll 38
forward registration and other data in a manner prescribed 39
by the secretary of state to comply with the Help America 40
Vote Act of 2002. 41
3. Except as provided in subsection 6 of this section, 42
the election authority shall furnish, for a fee, elec tronic 43
media or a printout showing only the names, year of birth, 44
addresses, and political party affiliations of voters, or 45
any part thereof, within the jurisdiction of the election 46
authority who voted in any specific election, including 47
primary elections, by township, ward or precinct, provided 48
that nothing in this chapter shall require such voter 49
information to be released to the public over the internet 50
and shall not be used for commercial purposes. Such 51
electronic media or printout shall be up dated and made 52
available for a fee not later than forty -eight hours 53
following such election. 54
4. Except as provided in subsection 6 of this section, 55
upon a request by a candidate, a duly authorized 56 SB 98 14
representative of a campaign committee, or a poli tical party 57
committee, the secretary of state shall furnish, for a fee 58
determined by the secretary of state and in compliance with 59
section 610.026, media in an electronic format or, if so 60
requested, in a printed format, showing the names, 61
addresses, and voter identification numbers of voters within 62
the jurisdiction of a specific election authority who 63
applied for an absentee ballot under section 115.279 for any 64
specific election involving a ballot measure or an office 65
for which the declaration of c andidacy is required to be 66
filed with the secretary of state pursuant to section 67
115.353, including primary elections, by township, ward, or 68
precinct. Nothing in this section shall require such voter 69
information to be released to the public over the i nternet. 70
For purposes of this section, the terms "candidate", 71
"campaign committee", and "political party committee" shall 72
have the same meaning given to such terms in section 130.011. 73
5. The amount of fees charged for information provided 74
in this section shall be established pursuant to chapter 75
610. All revenues collected by the secretary of state 76
pursuant to this section shall be deposited in the state 77
treasury and credited to the secretary of state's technology 78
trust fund account establish ed pursuant to section 28.160. 79
In even-numbered years, each election authority shall, upon 80
request, supply the voter registration list for its 81
jurisdiction to all candidates and party committees for a 82
charge established pursuant to chapter 610. Except as 83
provided in subsection 6 of this section, all election 84
authorities shall make the information described in this 85
section available pursuant to chapter 610. Any election 86
authority who fails to comply with the requirements of this 87
section shall be subject to the provisions of chapter 610. 88 SB 98 15
6. Any person working as an undercover officer of a 89
local, state or federal law enforcement agency, persons in 90
witness protection programs, and victims of domestic 91
violence and abuse who have received orde rs of protection 92
pursuant to chapter 455 shall be entitled to apply to the 93
circuit court having jurisdiction in his or her county of 94
residence to have the residential address on his or her 95
voter registration records closed to the public if the 96
release of such information could endanger the safety of the 97
person. Any person working as an undercover agent or in a 98
witness protection program shall also submit a statement 99
from the chief executive officer of the agency under whose 100
direction he or she is serving. The petition to close the 101
residential address shall be incorporated into any petition 102
for protective order provided by circuit clerks pursuant to 103
chapter 455. If satisfied that the person filing the 104
petition meets the qualifications of this subsection, the 105
circuit court shall issue an order to the election authority 106
to keep the residential address of the voter a closed record 107
and the address may be used only for the purposes of 108
administering elections pursuant to this chapter. The 109
election authority may require the voter who has a closed 110
residential address record to verify that his or her 111
residential address has not changed or to file a change of 112
address and to affirm that the reasons contained in the 113
original petition are still acc urate prior to receiving a 114
ballot. A change of address within an election authority's 115
jurisdiction shall not require that the voter file a new 116
petition. Any voter who no longer qualifies pursuant to 117
this subsection to have his or her residential addr ess as a 118
closed record shall notify the circuit court. Upon such 119 SB 98 16
notification, the circuit court shall void the order closing 120
the residential address and so notify the election authority. 121
115.158. 1. The secretary of state shall im plement a 1
centralized, interactive computerized statewide voter 2
registration list. This computerized list shall be known as 3
the "Missouri Voter Registration System". The system shall 4
be implemented by January 1, 2004, unless a waiver is 5
obtained pursuant to the Help America Vote Act of 2002. If 6
a waiver is obtained, the system shall be implemented by 7
January 1, 2006. The system shall be maintained and 8
administered by the secretary of state and contain the name 9
and registration information of ev ery legally registered 10
voter in Missouri. In addition, the system shall: 11
(1) Assign a unique identifier to each legally 12
registered voter in Missouri; 13
(2) Serve as the single system for storing and 14
managing the official list of registered vo ters throughout 15
Missouri; 16
(3) Be coordinated with other agency databases in 17
Missouri; 18
(4) Allow any election official in Missouri, including 19
local election authorities, immediate electronic access to 20
the information contained in the system; 21
(5) Allow all voter registration information obtained 22
by any local election official in Missouri to be 23
electronically entered into the system on an expedited basis 24
at the time the information is provided to the local 25
official. The secretary of state, as the chief state 26
election official, shall provide such support as may be 27
required so that local election officials are able to enter 28
the registration information; and 29 SB 98 17
(6) Serve as the official voter registration list for 30
the conduct of all elections in Missouri. 31
2. The secretary of state and local election 32
authorities shall perform system maintenance on a regular 33
basis, which shall include: 34
(1) Removing names in accordance with the provisions 35
and procedures of the National Voter Registration Act of 36
1993 and coordinating system maintenance activities with 37
state agency records on death and felony status; 38
(2) Requiring the name of each registered voter to 39
appear in the system; 40
(3) Removing only voters who are not registered or who 41
are not eligible to vote; and 42
(4) Eliminating duplicate names from the system. 43
3. The secretary of state shall provide adequate 44
technological security measures to prevent the unauthorized 45
access to the system established p ursuant to this section. 46
4. The secretary of state shall develop procedures to 47
ensure that voter registration records within the system are 48
accurate and updated regularly. At a minimum, the 49
procedures shall include: 50
(1) A system of file mai ntenance that makes a 51
reasonable effort to remove registrants who are ineligible 52
to vote. Consistent with the National Voter Registration 53
Act of 1993, registrants who have not responded to a notice 54
and who have not voted in two consecutive general ele ctions 55
for federal office shall be removed from the official list 56
of eligible voters, except that no registrant may be removed 57
solely by reason of a failure to vote; and 58
(2) Safeguards to ensure that eligible voters are not 59
removed in error. 60 SB 98 18
5. Voter registration information shall be verified in 61
accordance with the Help America Vote Act of 2002. 62
(1) Except as provided in subdivision (2) of this 63
subsection, an application for voter registration may not be 64
accepted or processed unless the application includes: 65
(a) In the case of an applicant who has been issued a 66
current and valid driver's license, the applicant's driver's 67
license number; or 68
(b) In the case of any other applicant, other than an 69
applicant to whom subdivis ion (2) applies, the last four 70
digits of the applicant's Social Security number. 71
(2) If an applicant for voter registration has not 72
been issued a current and valid driver's license or a Social 73
Security number, the applicant shall be assigned a num ber 74
which will serve to identify the applicant for voter 75
registration purposes. The number assigned under this 76
subdivision shall be used as the unique identifying number 77
within the system. 78
(3) The secretary of state and the director of the 79
department of revenue shall enter into an agreement to match 80
information in the database of the voter registration system 81
with information in the database of the motor vehicle system 82
to enable the secretary to verify the accuracy of 83
information provided on applications for voter registration. 84
(4) The director of the department of revenue shall 85
enter into an agreement with the commissioner of Social 86
Security and comply with the Help America Vote Act of 2002. 87
6. In addition to using the system f or voter 88
registration, the election authorities and secretary of 89
state may use the system for the collection and 90
dissemination of election results and other pertinent 91
information. Any information contained in any state or 92 SB 98 19
local voter registration sys tem, limited to the master voter 93
registration list or any other list generated from the 94
information, subject to chapter 610, shall not be used for 95
commercial purposes; provided, however, that the information 96
may be used for elections, for candidates, o r for ballot 97
measures, furnished at a reasonable fee. Violation of this 98
section shall be a class B misdemeanor. For purposes of 99
this section, "commercial purposes" means the use of a 100
public record for the purpose of sale or resale or for the 101
purpose of producing a document containing all or part of 102
the copy, printout, or photograph for sale or the obtaining 103
of names and addresses from public records for the purpose 104
of solicitation or the sale of names and addresses to 105
another for the purpose of s olicitation or for any purpose 106
in which the purchaser can reasonably anticipate the receipt 107
of monetary gain from the direct or indirect use of the 108
public record. 109
7. The secretary of state shall establish an advisory 110
committee to assist in the es tablishment and maintenance of 111
the Missouri voter registration system. 112
8. The secretary of state may promulgate rules to 113
execute this section. No rule or portion of a rule 114
promulgated pursuant to the authority of this section shall 115
become effective unless it has been promulgated pursuant to 116
chapter 536. 117
9. Election authorities and any agency required under 118
the National Voter Registration Act of 1993 to accept voter 119
registration applications shall forward registration and 120
other data in a manner prescribed by the secretary of state 121
to assist with administering and maintaining the Missouri 122
voter registration system in accordance with the Help 123
America Vote Act of 2002. 124 SB 98 20
10. (1) The secretary of state shall not enter into 125
an agreement with any organization that would involve the 126
sharing of voter registration data in the possession of the 127
secretary of state, including, but not limited to, the 128
Electronic Registration Information Center, Incorporated. 129
Any such agreement previously e ntered into may continue for 130
the duration of the agreement but shall not be renewed. 131
(2) The secretary of state may coordinate or 132
collaborate with another state in order to verify the 133
accuracy of voter registration data in the possession of the 134
secretary of state, provided such coordination or 135
collaboration is conducted by the office of the secretary of 136
state. 137
11. The secretary of state shall not acquire any 138
information from any credit agency that contains the address 139
or other identifying information of any registered voter. 140
115.225. 1. [Before use by election authorities in 1
this state, the secretary of state shall approve the marking 2
devices and the automatic tabulating equipment used in 3
electronic voting systems and may promulgate rules and 4
regulations to implement the intent of sections 115.225 to 5
115.235. 6
2. No electronic voting system shall be approved 7
unless it: 8
(1) Permits voting in absolute secrecy; 9
(2) Permits each voter to vote for as many candidates 10
for each office as a voter is lawfully entitled to vote for; 11
(3) Permits each voter to vote for or against as many 12
questions as a voter is lawfully entitled to vote on, and no 13
more; 14 SB 98 21
(4) Provides facilities for each voter to c ast as many 15
write-in votes for each office as a voter is lawfully 16
entitled to cast; 17
(5) Permits each voter in a primary election to vote 18
for the candidates of only one party announced by the voter 19
in advance; 20
(6) Permits each voter at a pre sidential election to 21
vote by use of a single mark for the candidates of one party 22
or group of petitioners for president, vice president and 23
their presidential electors; 24
(7) Accurately counts all proper votes cast for each 25
candidate and for and a gainst each question; 26
(8) Is set to reject all votes, except write -in votes, 27
for any office and on any question when the number of votes 28
exceeds the number a voter is lawfully entitled to cast; 29
(9) Permits each voter, while voting, to clearly see 30
the ballot label; 31
(10) Has been tested and is certified by an 32
independent authority that meets the voting system standards 33
developed by the Federal Election Commission or its 34
successor agency. The provisions of this subdivision shall 35
not be required for any system purchased prior to August 28, 36
2002. 37
3. The secretary of state shall promulgate rules and 38
regulations to allow the use of a computerized voting 39
system. The procedures shall provide for the use of a 40
computerized voting sy stem with the ability to provide a 41
paper audit trail. Notwithstanding any provisions of this 42
chapter to the contrary, such a system may allow for the 43
storage of processed ballot materials in an electronic form. 44
4. Any rule or portion of a rule, a s that term is 45
defined in section 536.010, that is created under the 46 SB 98 22
authority delegated in this section shall become effective 47
only if it complies with and is subject to all of the 48
provisions of chapter 536 and, if applicable, section 49
536.028. This section and chapter 536 are nonseverable and 50
if any of the powers vested with the general assembly 51
pursuant to chapter 536 to review, to delay the effective 52
date or to disapprove and annul a rule are subsequently held 53
unconstitutional, then the grant o f rulemaking authority and 54
any rule proposed or adopted after August 28, 2002, shall be 55
invalid and void. 56
5.] If any election authority uses any touchscreen 57
direct-recording electronic vote -counting machine, the 58
election authority may continue to use such machine. Upon 59
the removal of such voting machine from the election 60
authority's inventory because of mechanical malfunction, 61
wear and tear, or any other reason, the machine shall not be 62
replaced and no additional direct -recording electronic vo te- 63
counting machine shall be added to the election authority's 64
inventory. Such machines shall not be used beginning 65
January 1, 2024. Equipment that is designed for 66
accessibility shall provide a paper ballot audit trail. 67
[6.] 2. (1) Each election authority that controls its 68
own information technology department shall, once every two 69
years, allow a cyber security review of their office by the 70
secretary of state or alternatively by an entity that 71
specializes in cyber security reviews. Each political 72
subdivision that controls the information technology 73
department for an election authority shall, once every two 74
years, allow a cyber security review of the information 75
technology department by the secretary of state or 76
alternatively by an enti ty that specializes in cyber 77
security reviews. The secretary of state shall, once every 78 SB 98 23
two years, allow a cyber security review of its office by an 79
entity that specializes in cyber security reviews. For 80
purposes of this section, an entity specialize s in cyber 81
security review if it employs one or more individuals who: 82
(a) Have at least five years management experience in 83
information security or five years' experience as an 84
information security analyst; 85
(b) Have worked in at least two of the domains listed 86
in paragraph (c) of this subdivision that are covered in the 87
exam required by such paragraph; and 88
(c) Have attained an information security 89
certification by passing an exam that covers at least three 90
of the following topics: 91
a. Information technology risk management, 92
identification, mitigation, and compliance; 93
b. Information security incident management; 94
c. Information security program development and 95
management; 96
d. Risk and control monitoring and repo rting; 97
e. Access control systems and methodology; 98
f. Business continuity planning and disaster recovery 99
planning; 100
g. Physical security of election authority property; 101
h. Networking security; or 102
i. Security architecture applic ation and systems 103
development. 104
(2) If an election authority or political subdivision 105
fails to have a cyber security review as required by this 106
subsection, the secretary of state may publish a notice of 107
noncompliance in a newspaper within the juri sdiction of the 108
election authority or in electronic format. The secretary 109
of state is also authorized to withhold funds from an 110 SB 98 24
election authority in violation of this section unless such 111
funding is a federal mandate or part of a federal and state 112
agreement. 113
[7.] 3. The secretary of state shall have authority to 114
require cyber security testing, including penetration 115
testing, of vendor machines, programs, and systems. Failure 116
to participate in such testing shall result in a revocation 117
of vendor certification. Upon notice from another 118
jurisdiction of cyber security failures or certification 119
withholds or revocation, the secretary of state shall have 120
authority to revoke or withhold certification for vendors. 121
The requirements of this section shall be subject to 122
appropriation for the purpose of cyber security testing. 123
[8.] 4. The secretary of state may designate an 124
organization of which each election authority shall be a 125
member, provided there is no membership fee and the 126
organization provides information to increase cyber security 127
and election integrity efforts. 128
[9.] 5. All audits required by subsection [6] 2 of 129
this section that are conducted by the secretary of state 130
shall be solely paid for by state and federal funding. 131
115.226. 1. Each election authority shall ensure that 1
each polling place has in its jurisdiction a sufficient 2
number of voting machines that are designed for 3
accessibility for all elections. Such machines shall comply 4
with the provisions of Section 301 of the federal Help 5
America Vote Act, 52 U.S.C. Section 21081. Additionally, 6
such machines shall print out a paper ballot for each voter 7
who casts a ballot using the machine that is identical to 8
the ballot required by section 1 15.237. The ballot printed 9
out shall contain a distinguishing mark beside each 10
candidate and question the voter has voted for. 11 SB 98 25
2. The secretary of state shall maintain a database 12
containing the names of all individuals who are eligible to 13
use a voting machine designed for accessibility pursuant to 14
this section. Registered voters may submit requests to be 15
included in such database. The database shall be updated as 16
changes are made and every thirty days election authorities 17
shall be given an updated list of registered voters in the 18
jurisdiction of the election authority who are eligible to 19
use such machines. Only registered voters who appear on the 20
list may cast a ballot using a voting machine authorized 21
under this section. 22
115.237. 1. [Each ballot printed or designed for use 1
with an electronic voting system for any election pursuant 2
to this chapter shall contain all questions and the names of 3
all offices and candidates certified or filed pursuant to 4
this chapter and no other.] Beginning January 1, 2023, the 5
official ballot shall be a paper ballot that is hand -marked 6
by the voter or by the voter's designee as permitted in 7
section 115.445[, unless such voter chooses to use a ballot - 8
marking device as provided in section 115.225]. All ballots 9
shall be produced in the United States of America and shall 10
contain a watermark, not to exceed one inch by one inch, in 11
the top right corner that shows the seal of the state of 12
Missouri as described in section 10.060. The secretary of 13
state may not have any financial relationship with the 14
entity producing the ballots whether in his or her 15
professional capacity as secretary of state or in an 16
individual capacity. As far as practicable, all questions 17
and the names of all offices and candidates for which each 18
voter is entitled to vote shall be printed on one page 19
except for the ballot for political party committee persons 20
[in polling places not utilizing an electronic voting 21 SB 98 26
system] which may be printed separately an d in conformity 22
with the requirements contained in this section. As far as 23
practicable, ballots containing only questions and the names 24
of nonpartisan offices and candidates shall be printed in 25
accordance with the provisions of this section, except th at 26
the ballot information may be listed in vertical or 27
horizontal rows. The names of candidates for each office 28
shall be listed in the order in which they are filed. 29
2. [In polling places using electronic voting systems, 30
the ballot information m ay be arranged in vertical or 31
horizontal rows or on a number of separate pages or 32
screens. In any event,] The name of each candidate, the 33
candidate's party, the office for which he or she is a 34
candidate, and each question shall be indicated clearly on 35
the ballot. 36
3. [Nothing in this subchapter shall be construed as 37
prohibiting the use of a separate paper ballot for questions 38
or for the presidential preference primary in any polling 39
place using an electronic voting system. 40
4. Where electronic voting systems are used and ] When 41
write-in votes are authorized by law, a write -in ballot, 42
which may be in the form of a separate paper ballot, card, 43
or envelope, may be provided by the election authority to 44
permit each voter to write in the name s of persons whose 45
names do not appear on the ballot. 46
[5.] 4. No ballot [printed or designed for use with an 47
electronic voting system for any partisan election held 48
under this chapter] shall allow a person to vote a straight 49
political party ticke t. For purposes of this subsection, a 50
"straight political party ticket" means voting for all of 51
the candidates for elective office who are on the ballot 52 SB 98 27
representing a single political party by a single selection 53
on the ballot. 54
[6. The secretary of state shall promulgate rules that 55
specify uniform standards for ballot layout for each 56
electronic or computerized ballot counting system approved 57
under the provisions of section 115.225 so that the ballot 58
used with any counting system is, where pos sible, consistent 59
with the intent of this section. Nothing in this section 60
shall be construed to require the format specified in this 61
section if it does not meet the requirements of the ballot 62
counting system used by the election authority. 63
7.] 5. Any rule or portion of a rule, as that term is 64
defined in section 536.010, that is created under the 65
authority delegated in this section shall become effective 66
only if it complies with and is subject to all of the 67
provisions of chapter 536 and, if a pplicable, section 68
536.028. This section and chapter 536 are nonseverable and 69
if any of the powers vested with the general assembly 70
pursuant to chapter 536 to review, to delay the effective 71
date or to disapprove and annul a rule are subsequently held 72
unconstitutional, then the grant of rulemaking authority and 73
any rule proposed or adopted after August 28, 2002, shall be 74
invalid and void. 75
115.287. 1. Upon receipt of a signed application for 1
an absentee ballot and if satisfied th e applicant is 2
entitled to vote by absentee ballot, the election authority 3
shall, within three working days after receiving the 4
application, or if absentee ballots are not available at the 5
time the application is received, within five working days 6
after they become available, deliver to the voter an 7
absentee ballot, ballot envelope and such instructions as 8
are necessary for the applicant to vote. Delivery shall be 9 SB 98 28
made to the voter personally in the office of the election 10
authority or by bipartisa n teams appointed by the election 11
authority, or by first class, registered, or certified mail 12
at the discretion of the election authority, or in the case 13
of a covered voter as defined in section 115.902, the method 14
of transmission prescribed in section 115.914. Any absentee 15
ballot that is mailed to the voter by first class, 16
registered, or certified mail shall be postmarked from the 17
same county in which the office of the election authority is 18
located. Where the election authority is a county clerk, 19
the members of bipartisan teams representing the political 20
party other than that of county clerk shall be selected from 21
a list of persons submitted to the county clerk by the 22
county chairman of that party. If no list is provided by 23
the time that absentee ballots are to be made available, the 24
county clerk may select a person or persons from lists 25
provided in accordance with section 115.087. If the 26
election authority is not satisfied that any applicant is 27
entitled to vote by absentee ballot, it sh all not deliver an 28
absentee ballot to the applicant. Within three working days 29
of receiving such an application, the election authority 30
shall notify the applicant and state the reason he or she is 31
not entitled to vote by absentee ballot. The applicant may 32
file a complaint with the elections division of the 33
secretary of state's office under and pursuant to section 34
115.219. 35
2. If, after 5:00 p.m. on the second Wednesday before 36
an election, any voter from the jurisdiction has become 37
hospitalized, becomes confined due to illness or injury, or 38
is confined in an intermediate care facility, residential 39
care facility, or skilled nursing facility on election day, 40
as such terms are defined in section 198.006, in the county 41 SB 98 29
in which the jurisdictio n is located or in the jurisdiction 42
of an adjacent election authority within the same county, 43
the election authority shall appoint a team to deliver, 44
witness the signing of and return the voter's application 45
and deliver, witness the voting of and retur n the voter's 46
absentee ballot. If the election authority receives ten or 47
more applications for absentee ballots from the same address 48
it shall appoint a team to deliver and witness the voting 49
and return of absentee ballots by voters residing at that 50
address, except when such addresses are for an apartment 51
building or other structure wherein individual living units 52
are located, each of which has its own separate cooking 53
facilities. Each team appointed pursuant to this subsection 54
shall consist of two registered voters, one from each major 55
political party. Both members of any team appointed 56
pursuant to this subsection shall be present during the 57
delivery, signing or voting and return of any application or 58
absentee ballot signed or voted pursuant to this subsection. 59
3. On the mailing and ballot envelopes for each 60
covered voter, the election authority shall stamp 61
prominently in black the words "FEDERAL BALLOT, STATE OF 62
MISSOURI" and "U.S. Postage Paid, 39 U.S.C. Section 3406". 63
4. No information which encourages a vote for or 64
against a candidate or issue shall be provided to any voter 65
with an absentee ballot. 66
115.299. 1. To count absentee votes [on election 1
day,] the election authority shall appoint a sufficient 2
number of teams of election judges comprised of an equal 3
number of judges from each major political party. 4
2. The teams so appointed shall meet [on election day 5
after the time fixed by law for the opening of the polls ] at 6
a time and central location designated by the election 7 SB 98 30
authority. The election authority shall deliver the 8
absentee ballots to the teams, and shall maintain a record 9
of the delivery. The record shall include the number of 10
ballots delivered to each team and shall include a signed 11
receipt from two judges, one from each major political 12
party. The election authority shall provide each team with 13
a ballot box, tally sheets and statements of returns as are 14
provided to a polling place. 15
3. Each team shall count votes on a ll absentee ballots 16
designated by the election authority. 17
4. To process absentee ballots in envelopes, one 18
member of each team, closely observed by another member of 19
the team from a different political party, shall open each 20
envelope and call the voter's name in a clear voice. 21
Without unfolding the ballot, two team members, one from 22
each major political party, shall initial the ballot, and an 23
election judge shall place the ballot, still folded, in a 24
ballot box. No ballot box shall be opened until all of the 25
ballots a team is counting have been placed in the box. The 26
votes shall be tallied and the returns made as provided in 27
sections 115.447 to 115.525 [for paper ballots]. After the 28
votes on all ballots assigned to a team have been count ed, 29
the ballots and ballot envelopes shall be enclosed in sealed 30
containers marked "voted absentee ballots and ballot 31
envelopes from the election held ____, 20___". All rejected 32
absentee ballots and envelopes shall be enclosed and sealed 33
in a separate container marked "rejected absentee ballots 34
and envelopes from the election held ____, 20 ____". On the 35
outside of each voted ballot and rejected ballot container, 36
each member of the team shall write his or her name, and all 37
such containers shall be returned to the election 38
authority. Upon receipt of the returns and ballots, the 39 SB 98 31
election authority shall tabulate the absentee vote along 40
with the votes certified from each polling place in its 41
jurisdiction. 42
5. For any absentee votes counted pr ior to election 43
day, no election judge shall disclose the tally of the vote 44
counted until all of the votes have been counted from the 45
jurisdiction of the election authority. 46
115.415. Before the time fixed by law for the opening 1
of the polls, the election authority shall deliver to the 2
authorized election officials or to the polling place the 3
appropriate ballots, ballot boxes, precinct registers, 4
voting booths, voting machines authorized under section 5
115.226 and all other supplie s, material and equipment 6
necessary and appropriate for the polling place. The 7
election authority shall make and preserve a record of each 8
delivery. 9
115.417. 1. Before the time fixed by law for the 1
opening of the polls, the electi on authority shall deliver 2
to each polling place a sufficient number of voter 3
instruction cards which include the following information: 4
how to obtain a ballot for voting, how to vote and prepare 5
the ballot for deposit in the ballot box, and how to ob tain 6
a new ballot to replace one accidentally spoiled. 7
2. The election authority at each polling place shall 8
post in a conspicuous place voting instructions on a poster 9
no smaller than twenty -four inches by thirty inches. Such 10
instructions shall also inform the voter that the 11
[electronic voting equipment ] voting machines authorized 12
under section 115.226 can be demonstrated upon request of 13
the voter. The election authority shall also publicly post 14
during the period of time in which a person m ay cast an 15
absentee ballot and on election day a sample version of the 16 SB 98 32
ballot that will be used for that election, the date of the 17
election, the hours during which the polling place will be 18
open, instructions for mail -in registrants and first -time 19
voters, general information on voting rights in accordance 20
with the state plan filed by the secretary of state pursuant 21
to the Help America Vote Act of 2002, general information on 22
the right to cast a provisional ballot and instructions for 23
provisional ballots, how to contact appropriate authorities 24
if voting rights have been violated, and general information 25
on federal and Missouri law regarding prohibitions on acts 26
of fraud and misrepresentation. The secretary of state may 27
promulgate rules to execut e this section. No rule or 28
portion of a rule promulgated pursuant to the authority of 29
this section shall become effective unless it has been 30
promulgated pursuant to chapter 536. 31
3. The secretary of state may develop multilingual 32
voting instructions to be made available to election 33
authorities. 34
115.419. Before the time fixed by law for the opening 1
of the polls, the election authority shall deliver to each 2
polling place a sufficient number of sample ballots [and 3
ballot cards] which shall be a different color but otherwise 4
exact copies of the official ballot. The samples shall be 5
printed in the form of a diagram, showing the form of the 6
ballot [or the front of the marking device or voting 7
machine] as it will appear on ele ction day. The secretary 8
of state may develop multilingual sample ballots to be made 9
available to election authorities. 10
115.421. Before the time fixed by law for the opening 1
of the polls, the election judges shall: 2
(1) Set up the voting equipment, arrange the 3
furniture, supplies and records and make all other 4 SB 98 33
arrangements necessary to open the polls at the time fixed 5
by law; 6
(2) Post a voter instruction card in each voting booth 7
or machine and in at least one other co nspicuous place 8
within the polling place and post a sample ballot in a 9
conspicuous place near the voting booths; 10
(3) Certify the number of ballots received at each 11
polling place[. In each polling place using voting 12
machines, the election judges shall, in lieu of certifying 13
the number of ballots received, certify the number on each 14
voting machine received at the polling place, the number on 15
the seal of each voting machine, the number on the 16
protective counter of each voting machine and that al l 17
recording counters on all voting machines at the polling 18
place are set at zero. If a recording counter on any voting 19
machine is not set at zero, the election judges shall 20
immediately notify the election authority and proceed as it 21
directs]; 22
(4) Compare the ballot[, ballot label or ballot card ] 23
and ballot label with the sample ballots, see that the 24
names, numbers and letters agree and certify thereto in the 25
tally book. If the names, numbers or letters do not agree, 26
the election judges shal l immediately notify the election 27
authority and proceed as it directs; and 28
(5) Sign the tally book in the manner provided in the 29
form for tally books in section 115.461 or 115.473. If any 30
election judge, challenger or watcher has not been 31
previously sworn as the law directs, he or she shall take 32
and subscribe the oath of his or her office as provided in 33
section 115.091 or 115.109, and the oath shall be returned 34
to the election authority with the tally book. 35 SB 98 34
115.423. Not more than one hour before the voting 1
begins, the election judges shall open the ballot box and 2
show to all present that it is empty. The ballot box shall 3
then be locked and the key kept by one of the election 4
judges. The ballot box shall not be opened o r removed from 5
public view from the time it is shown to be empty until the 6
polls close or until the ballot box is delivered for 7
counting pursuant to section 115.451. [If voting machines 8
are used, the election judges shall call attention to the 9
counter on the face of each voting machine and show to all 10
present that it is set at zero. ] 11
115.430. 1. This section shall apply to primary and 1
general elections where candidates for federal or statewide 2
offices are nominated or elected a nd any election where 3
statewide issue or issues are submitted to the voters. 4
2. (1) A voter claiming to be properly registered in 5
the jurisdiction of the election authority and eligible to 6
vote in an election, but whose eligibility at that precin ct 7
cannot be immediately established upon examination of the 8
precinct register, shall be entitled to vote a provisional 9
ballot after providing a form of personal identification 10
required pursuant to section 115.427 or upon executing an 11
affidavit under section 115.427, or may vote at a central 12
polling place as established in section 115.115 where the 13
voter may vote his or her appropriate ballot for his or her 14
precinct of residence upon verification of eligibility or 15
vote a provisional ballot if eligi bility cannot be 16
determined. The provisional ballot provided to a voter 17
under this section shall be the ballot provided to a 18
resident of the voter's precinct determined by reference to 19
the affidavit provided for in this section. If the voter 20
declares that the voter is eligible to vote and the election 21 SB 98 35
authority determines that the voter is eligible to vote at 22
another polling place, the voter shall be directed to the 23
correct polling place or a central polling place as 24
established by the election a uthority pursuant to subsection 25
5 of section 115.115. If the voter refuses to go to the 26
correct polling place or a central polling place, the voter 27
shall be permitted to vote a provisional ballot at the 28
incorrect polling place, but such ballot shall n ot be 29
counted if the voter was not eligible to vote at that 30
polling place. 31
(2) The following steps shall be taken to establish a 32
voter's eligibility to vote at a polling place: 33
(a) The election judge shall examine the precinct 34
register as provided in section 115.425. If the voter is 35
registered and eligible to vote at the polling place, the 36
voter shall receive a regular ballot; 37
(b) If the voter's eligibility cannot be immediately 38
established by examining the precinct register, the e lection 39
judge shall contact the election authority. If the election 40
authority cannot immediately establish that the voter is 41
registered and eligible to vote at the polling place upon 42
examination of the Missouri voter registration system, or if 43
the election judge is unable to make contact with the 44
election authority immediately, the voter shall be notified 45
that the voter is entitled to a provisional ballot. 46
(3) The voter shall have the duty to appear and vote 47
at the correct polling place. If an election judge 48
determines that the voter is not eligible to vote at the 49
polling place at which a voter presents himself or herself, 50
and if the voter appears to be eligible to vote at another 51
polling place, the voter shall be informed that he or she 52
may cast a provisional ballot at the current polling place 53 SB 98 36
or may travel to the correct polling place or a central 54
polling place, as established by the election authority 55
under subsection 5 of section 115.115, where the voter may 56
cast a regular ballot or provisional ballot if the voter's 57
eligibility still cannot be determined. Provisional ballots 58
cast at a polling place shall be counted only if the voter 59
was eligible to vote at such polling place as provided in 60
subsection 5 of this section. 61
(4) For a voter requesting an absentee ballot in 62
person, such voter shall be entitled to cast a provisional 63
ballot when the voter's eligibility cannot be immediately 64
established upon examination of the precinct registers or 65
the Missouri voter registrat ion system. 66
(5) Prior to accepting any provisional ballot at the 67
polling place, the election judges shall determine that the 68
information provided on the provisional ballot envelope by 69
the provisional voter is consistent with the identification 70
provided by such person under section 115.427. 71
3. (1) No person shall be entitled to receive a 72
provisional ballot until such person has completed a 73
provisional ballot affidavit on the provisional ballot 74
envelope. 75
(2) The secretary of state sh all produce appropriate 76
sizes of provisional ballot envelopes and distribute them to 77
each election authority according to their tabulating 78
system. All provisional ballot envelopes shall be printed 79
on a distinguishable color of paper that is different from 80
the color of the regular ballot. The provisional ballot 81
envelope shall be in the form required by subsection 4 of 82
this section. All provisional ballots shall be marked with 83
a conspicuous stamp or other distinguishing mark that makes 84
them readily distinguishable from the regular ballots. 85 SB 98 37
(3) Once voted, the provisional ballot shall be placed 86
and sealed in a provisional ballot envelope. 87
4. The provisional ballot in its envelope shall be 88
deposited in the ballot box. The provisional ballot 89
envelope shall be completed by the voter for use in 90
determining eligibility. The provisional ballot envelope 91
specified in this section shall contain a voter's 92
certificate which shall be in substantially the following 93
form: 94
95 STATE OF ______
96 COUNTY OF ______
97
98
99
100
101
102
103
104
105
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.
106
107
108
109
110
111
112
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 violation of law and subjects me
to possible criminal prosecut ion.
113 __________________
114 (Signature of Voter)
115 __________________
116 (Current Address)
117
118
Subscribed and affirmed before me this ______ day
of ______, 20______
119 __________________ SB 98 38
The voter may provide additional information to further 121
assist the election authority in determining eligibility, 122
including the place and date the voter registered to vote, 123
if known. 124
5. (1) Prior to counting any provisional ballot, the 125
election authority shall determine if the voter is 126
registered and eligible to vote and if the vote was properly 127
cast. The eligibility of provisional votes shall be 128
determined according to the requireme nts for a voter to cast 129
a ballot in the election as set forth in sections 115.133 130
and 115.135. A provisional voter ballot shall not be 131
eligible to be counted until the election authority has 132
determined that: 133
(a) The voter cast such provisional b allot at a 134
polling place established for the voter or the central 135
polling place established by the election authority under 136
subsection 5 of section 115.115; 137
(b) The individual who cast the provisional ballot is 138
an individual registered to vote in the respective election 139
at the polling place where the ballot was cast; 140
(c) The voter did not otherwise vote in the same 141
election by regular ballot, absentee ballot, or otherwise; 142
and 143
(d) The information on the provisional ballot envelope 144
is found to be correct, complete, and accurate. 145
(2) When the ballot boxes are delivered to the 146
election authority from the polling places, the receiving 147
teams shall separate the provisional ballots from the rest 148
of the ballots and place the sealed provisional ballot 149
120 (Signature of Election Official) SB 98 39
envelopes in a separate container. Teams of election 150
authority employees or teams of election judges with each 151
team consisting of one member of each major political party 152
shall photocopy each provisional ballot envelope, such 153
photocopy to be used by the election authority to determine 154
provisional voter eligibility. The sealed provisional 155
ballot envelopes shall be placed by the team in a sealed 156
container and shall remain therein until tabulation. 157
(3) To determine whether a provisional ballot is valid 158
and entitled to be counted, the election authority shall 159
examine its records and verify that the provisional voter is 160
properly registered and eligible to vote in the election. 161
If the provisional voter has provided informat ion regarding 162
the registration agency where the provisional voter 163
registered to vote, the election authority shall make an 164
inquiry of the registration agency to determine whether the 165
provisional voter is properly registered and eligible to 166
vote in the election. 167
(4) If the election authority determines that the 168
provisional voter is registered and eligible to vote in the 169
election, the election authority shall provide documentation 170
verifying the voter's eligibility. Such documentation shall 171
be noted on the copy of the provisional ballot envelope and 172
shall contain substantially the following information: 173
(a) The name of the provisional voter; 174
(b) The name of the reviewer; 175
(c) The date and time; and 176
(d) A description of evidence found that supports the 177
voter's eligibility. 178
(5) The local election authority shall record on a 179
provisional ballot acceptance/rejection list the provisional 180 SB 98 40
ballot identification number and a notation marking it as 181
accepted. 182
(6) If the election authority determines that the 183
provisional voter is not registered or eligible to vote in 184
the election, the election authority shall provide 185
documentation verifying the voter's ineligibility. Such 186
documentation shall be noted on the copy of the provisional 187
ballot envelope and shall contain substantially the 188
following information: 189
(a) The name of the provisional voter; 190
(b) The name of the reviewer; 191
(c) The date and time; 192
(d) A description of why the voter is ineligib le. 193
(7) The local election authority shall record on a 194
provisional ballot acceptance/rejection list the provisional 195
ballot identification number and notation marking it as 196
rejected. 197
(8) If rejected, a photocopy of the envelope shall be 198
made and used by the election authority as a mail -in voter 199
registration. The actual provisional ballot envelope shall 200
be kept as ballot material, and the copy of the envelope 201
shall be used by the election authority for registration 202
record keeping. 203
6. All provisional ballots cast by voters whose 204
eligibility has been verified as provided in this section 205
shall be counted in accordance with the rules governing 206
ballot tabulation. Provisional ballots shall not be counted 207
until all provisional ballots are determined either eligible 208
or ineligible and all provisional ballots must be processed 209
before the election is certified. The provisional ballot 210
shall be counted only if the election authority determines 211
that the voter is registered and eligible to vote. 212 SB 98 41
Provisional ballots voted in the wrong polling place shall 213
not be counted. If the voter is not registered but is 214
qualified to register for future elections, the affidavit 215
shall be considered a mail -in application to register to 216
vote pursuant to this chapter. 217
7. (1) After the election authority completes its 218
review of the provisional voter's eligibility under 219
subsection 5 of this section, the election authority shall 220
deliver the provisional ballots and copies of the 221
provisional ballot envelopes that include eligibility 222
information to bipartisan counting teams, which may be the 223
board of verification, for review and tabulation. The 224
election authority shall maintain a record of such 225
delivery. The record shall include the number of ballots 226
delivered to each team and shall include a signed receipt 227
from two judges, one from each major political party. The 228
election authority shall provide each team with a ballot box 229
and material necessary for tabulation. 230
(2) If the person named on the provisional ballot 231
affidavit is found to have been properly qualified and 232
registered to cast a ballot in the election and the 233
provisional ballot otherwise qualifies to be counted under 234
the provisions of this section, the envelope shall be 235
opened, and the ballot shall be placed in a ballot box to be 236
counted. 237
(3) If the person named on the provisional ballot 238
affidavit is found not to have been properly qualified and 239
registered to cast a ballot in the election or if the 240
election authority is unable to determine such person's 241
right to vote, the envelope containing the provisional 242
ballot shall not be opened, and the person's vote shall not 243
be counted. The members of the team shall follow the 244 SB 98 42
procedures set forth in subsection 5 of th is section for 245
rejected provisional ballots. 246
(4) The votes shall be tallied and the returns made as 247
provided in sections 115.447 to 115.525 [for paper ballots]. 248
After the vote on all ballots assigned to a team have been 249
counted, the ballots, ball ot envelopes, and copies of ballot 250
envelopes with the eligibility information provided by the 251
election authority shall be enclosed in sealed containers 252
marked "Voted provisional ballots and ballot envelopes from 253
the election held ______, 20______". All rejected 254
provisional ballots, ballot envelopes, and copies of ballot 255
envelopes with the eligibility information provided by the 256
election authority shall be enclosed in sealed containers 257
marked "Rejected provisional ballots and ballot envelopes 258
from the election held ______, 20______". On the outside of 259
each voted ballot and rejected ballot container, each member 260
of the team shall write their name and all such containers 261
shall be returned to the election authority. Upon receipt 262
of the returns and ballots, the election authority shall 263
tabulate the provisional votes. 264
8. Challengers and watchers, as provided by sections 265
115.105 and 115.107, may be present during all times that 266
the bipartisan counting teams are reviewing or counting the 267
provisional ballots, the provisional ballot envelopes, or 268
copies of the provisional ballot envelopes that include 269
eligibility information provided by the election authority. 270
Challengers and watchers shall be permitted to observe the 271
determination of the eligibility of all provisional 272
ballots. The election authority shall notify the county 273
chair of each major political party of the time and location 274
when bipartisan counting teams will be reviewing or counting 275
the provisional ballots, the provisional b allot envelopes, 276 SB 98 43
or the copies of the provisional ballot envelopes that 277
include the eligibility information provided by the election 278
authority. 279
9. [The certificate of ballot cards shall: 280
(1) Reflect the number of provisional envelopes 281
delivered; and 282
(2) Reflect the number of sealed provisional envelopes 283
with voted ballots deposited in the ballot box. 284
10. In counties where the voting system does not 285
utilize a paper ballot, the election authority shall provide 286
the appropriate provisional ballots to each polling place. 287
11.] The secretary of state may promulgate rules for 288
purposes of ensuring the uniform application of this 289
section. No rule or portion of a rule promulgated pursuant 290
to the authority of this section shall b ecome effective 291
unless it has been promulgated pursuant to chapter 536. 292
[12.] 10. The secretary of state shall design and 293
provide to the election authorities the envelopes and forms 294
necessary to carry out the provisions of this section. 295
[13.] 11. Pursuant to the Help America Vote Act of 296
2002, the secretary of state shall ensure a free access 297
system is established, such as a toll -free number or an 298
internet website, that any individual who casts a 299
provisional ballot may access to discover w hether the vote 300
of that individual was counted, and, if the vote was not 301
counted, the reason that the vote was not counted. At the 302
time an individual casts a provisional ballot, the election 303
authority shall give the voter written information that 304
states that any individual who casts a provisional ballot 305
will be able to ascertain under such free access system 306
whether the vote was counted, and if the vote was not 307
counted, the reason that the vote was not counted. 308 SB 98 44
[14.] 12. In accordance with th e Help America Vote Act 309
of 2002, any individual who votes in an election as a result 310
of a court order or any other order extending the time 311
established for closing the polls in section 115.407 may 312
vote only by using a provisional ballot, and such 313
provisional ballot shall be separated and held apart from 314
other provisional ballots cast by those not affected by the 315
order. Such ballots shall not be counted until such time as 316
the ballots are determined to be valid. No state court 317
shall have jurisdicti on to extend the polling hours 318
established by law, including section 115.407. 319
115.433. After the voter's identification certificate 1
has been initialed, two judges of different political 2
parties, or one judge from a major political party and one 3
judge with no political affiliation, shall [, where paper 4
ballots are used,] initial the voter's ballot [or ballot 5
card]. 6
115.436. 1. [In jurisdictions using paper ballots and 1
electronic voting systems, ] When any physically disabled 2
voter within two hundred feet of a polling place is unable 3
to enter the polling place, two election judges, one of each 4
major political party, shall take a ballot [, equipment] and 5
materials necessary for voting to the voter. The voter 6
shall mark the ballot, and the election judges shall place 7
the ballot in an envelope and place it in the ballot box. 8
2. [In jurisdictions using voting machines, when any 9
physically disabled voter within two hundred feet of a 10
polling place is unabl e to enter the polling place, two 11
election judges, one of each major political party, shall 12
take an absentee ballot to the voter. The voter shall mark 13
the ballot, and the election judges shall place the ballot 14
in an envelope and place it in the ballot box. 15 SB 98 45
3.] Upon request to the election authority, the 16
election authority in any jurisdiction shall designate a 17
polling place accessible to any physically disabled voter 18
other than the polling place to which that voter would 19
normally be assigned t o vote, provided that the candidates 20
and issues voted on are consistent for both the designated 21
location and the voting location for the voter's precinct. 22
Upon request, the election authority may also assign members 23
of the physically disabled voter's household and such 24
voter's caregiver to the same voting location as the 25
physically disabled voter. In no event shall a voter be 26
assigned under this section to a designated location apart 27
from the established voting location for the voter's 28
precinct if the voter objects to the assignment to another 29
location. 30
115.439. 1. [If paper ballots are used, ] The voter 1
shall, immediately upon receiving [his] a ballot, go alone 2
to a voting booth and vote [his] the ballot in the following 3
manner: 4
(1) When a voter desires to vote for a candidate, the 5
voter shall place a distinguishing mark immediately beside 6
the name of the candidate for which the voter intends to 7
vote; 8
(2) If a write-in line appears on the ballot, the 9
voter may write the name of the person for whom he or she 10
wishes to vote on the line and place a distinguishing mark 11
immediately beside the name; 12
(3) If the ballot is one which contains no candidates, 13
the voter shall place a distinguishing mark directly to the 14
left of each "YES" or "NO" he or she desires to vote. 15 SB 98 46
No voter shall vote for the same person more than once for 16
the same office at the same election. 17
2. If the voter accidentally spoils his or her ballot 18
[or ballot card] or makes an error, he or she may return it 19
to an election judge and receive another. The election 20
judge shall mark "SPOILED" across the ballot [or ballot 21
card] and place it in an envelope marked "SPOILED BALLOTS". 22
After another ballot has been prepared in the manner 23
provided in section 115.433, the ballot shall be given to 24
the voter for voting. 25
3. Any rule or portion of a rule, as that term is 26
defined in section 536.010, that is created under the 27
authority delegated in this section shall become effective 28
only if it complies with and is subject to all of the 29
provisions of chapter 536 and, if applicable, section 30
536.028. This section and chapter 536 are nonseverable and 31
if any of the powers vested with the general assembly 32
pursuant to chapter 536 to revi ew, to delay the effective 33
date or to disapprove and annul a rule are subsequently held 34
unconstitutional, then the grant of rulemaking authority and 35
any rule proposed or adopted after August 28, 2002, shall be 36
invalid and void. 37
115.443. 1. [Where paper ballots are used, ] The voter 1
shall, before leaving the voting booth, fold [his] the 2
ballot so that the distinguishing marks are concealed. The 3
voter shall place [his] the ballot in the ballot box and 4
leave the polling place immedi ately. 5
2. In case of [Where electronic] voting machines [are 6
used,] authorized under section 115.226, the voter shall 7
register his vote as directed in the instructions for use of 8
the machine, fold the printed ballot so that the 9 SB 98 47
distinguishing marks are concealed, place the ballot in the 10
ballot box, and leave the polling place immediately. 11
115.447. [1.] As used in [this subchapter] sections 1
115.447 through 115.483 , unless the context clearly implies 2
otherwise, the following terms shall mean: 3
(1) "Counting judges" are the two judges, one from 4
each major political party, who read each vote received by 5
all candidates and each vote for and against all questions 6
at a polling place; 7
(2) "Receiving judges" are the two judges, one from 8
each major political party, who initial each voter's ballot 9
at a polling place; 10
(3) "Recording judges" are the two judges, one from 11
each major political party, who tally the votes received by 12
each candidate and for and against e ach question at a 13
polling place. These terms describe functions rather than 14
individuals, and any election judge may perform more than 15
one function at a polling place on election day [.]; 16
[2. As used in this subchapter, unless the context 17
clearly implies otherwise, the following terms shall mean: 18
(1)] (4) "Defective ballot" is any ballot on which the 19
number of write-in votes and votes cast on the ballot for 20
any office exceed the number allowed by law [, and any ballot 21
which is bent or damag ed so that it cannot be properly 22
counted by automatic tabulating equipment ]; 23
[(2)] (5) "Rejected ballot" is any ballot on which no 24
votes are counted because the ballot fails to have the 25
initials of the proper election judges, because the number 26
of votes for all offices and on all questions exceeds the 27
number authorized by law, because the voter is deemed by the 28
election judges to be unqualified, because it is an absentee 29 SB 98 48
ballot not accompanied by a completed and signed affidavit, 30
or because the ballot was voted with unlawful assistance; 31
[(3)] (6) "Spoiled ballot" is any ballot accidentally 32
spoiled by a voter and replaced by election judges in the 33
manner provided in subsection 2 of section 115.439. 34
115.449. 1. As soon as the polls close in each 1
polling place [using paper ballots], the election judges 2
shall begin to count the votes. If earlier counting is 3
begun pursuant to section 115.451, the election judges shall 4
complete the count in the manner provided by this section. 5
Once begun, no count shall be adjourned or postponed until 6
all proper votes have been counted. 7
2. One counting judge, closely observed by the other 8
counting judge, shall take the ballots out of the ballot box 9
one at a time and, holding each ballot in such a way that 10
the other counting judge may read it, shall read the name of 11
each candidate properly voted for and the office sought by 12
each. As each vote is called out, the recording judges 13
shall each record the vote on a tally sheet. The votes for 14
and against all questions shall likewise be read and 15
recorded. If more than one political subdivision or special 16
district is holding an election on the same day at the same 17
polling place and using separate ballots, the counting 18
judges may separate the ballots of each political 19
subdivision and special district and first read one set, 20
then the next and so on until all proper votes have been 21
counted. 22
3. After the recording of all proper votes, the 23
recording judges shall compare their tallies. When the 24
recording judges agree on the count, they shall sign both of 25
the tally sheets, and one of the recording judges shall 26 SB 98 49
announce in a loud voice the total number of votes for each 27
candidate and for and against each question. 28
4. After the announcement of the vote, the election 29
judges shall record the vote totals in the appropriate 30
places on each statement of returns. If any tally sheet or 31
statement of returns contains no heading for any question, 32
the election judges shall write the necessary headings on 33
the tally sheet or statement of returns. 34
5. Once all of the votes have been read and recorded at 35
a polling place, the results from such polling place may be 36
released to the election authority, the secretary of state , 37
and the public. Under no circumstances shall any vote count 38
or tally be released from any specific polling place to any 39
person or entity prior to all of the votes being counted 40
from such polling place. 41
115.451. [If authorized by the election authority, ] 1
The election judges may read and record votes before the 2
close of the polls. [If so authorized,] The election judges 3
shall use one ballot box for the deposit of ballots during 4
the first hour of voting. At the end of the hour, the 5
receiving judges shall deliver the ballot box to the 6
counting and recording judges, who shall give the receiving 7
judges a second empty ballot box. The second ballot box 8
shall be shown to be empty and locked in the manner provided 9
in section 115.423. The second ballot box shall not be 10
opened or removed from public view from the time it is shown 11
to be empty until the time the polls close or it is removed 12
for counting pursuant to this section. The ballot box 13
containing the voted ballots shall be taken to a private 14
area within the polling place, and the ballots shall be read 15
and recorded in the manner provided by section 115.449. In 16
no case shall ballot boxes be switched at less than one hour 17 SB 98 50
intervals and then only if twenty -five or more ballots have 18
been voted during the hour. For any votes read and recorded 19
prior to the close of polls, no election judge shall 20
disclose the tally of the vote counted until all of the 21
votes have been counted and reported from the polling place. 22
115.456. 1. [(1) The election authority shall be 1
responsible for ensuring that the standards provided for in 2
this subsection are followed when counting ballots cast 3
using optical scan voting systems. 4
(2) Prior to tabulating ballots, all machines shall be 5
programmed to reject blank ballots where no votes are 6
recorded or where an overvote is registered in any race. 7
(3) In jurisdictions using precinct -based tabulators, 8
the voter who cast the ballot shall review the ball ot if 9
rejected, if the voter wishes to make any changes to the 10
ballot, or if the voter would like to spoil the ballot and 11
receive another ballot. 12
(4) In jurisdictions using centrally based tabulators, 13
if a ballot is so rejected it shall be review ed by a 14
bipartisan team using the following criteria: 15
(a) If a ballot is determined to be damaged, the 16
bipartisan team shall spoil the original ballot and 17
duplicate the voter's intent on the new ballot, provided 18
that there is an undisputed method of matching the duplicate 19
card with its original after it has been placed with the 20
remainder of the ballot cards from such precinct; and 21
(b) Voter intent shall be determined using the 22
following criteria: 23
a. There is a distinguishing mark in the printed oval 24
or divided arrow adjacent to the name of the candidate or 25
issue preference; 26 SB 98 51
b. There is a distinguishing mark adjacent to the name 27
of the candidate or issue preference; or 28
c. The name of the candidate or issue preference is 29
circled. 30
(5) In jurisdictions using optical scan systems, a 31
valid vote for a write -in candidate shall include the 32
following: 33
(a) A distinguishing mark in the designated location 34
preceding the name of the candidate; 35
(b) The name of the candidate. If the name of the 36
candidate as written by the voter is substantially as 37
declared by the candidate it shall be counted, or in those 38
circumstances where the names of candidates are similar, the 39
names of candidates as shown on voter registr ation records 40
shall be counted; and 41
(c) The name of the office for which the candidate is 42
to be elected. 43
(6) Whenever a hand recount of votes of optical scan 44
ballots is ordered, the provisions of this subsection shall 45
be used to determine v oter intent. 46
2.] (1) The election authority shall be responsible 47
for ensuring that the standards provided for in this 48
subsection are followed when counting ballots [cast using 49
paper ballots]. 50
(2) Voter intent shall be determined using the 51
following criteria: 52
(a) There is a distinguishing mark in the square 53
adjacent to the name of the candidate or issue preference; 54
(b) There is a distinguishing mark adjacent to the 55
name of the candidate or issue preference; or 56
(c) The name of the candidate or issue preference is 57
circled. 58 SB 98 52
(3) [In jurisdictions using paper ballots, ] A valid 59
vote for a write-in candidate shall include the following: 60
(a) A distinguishing mark in the square immediately 61
preceding the name of the c andidate; 62
(b) The name of the candidate. If the name of the 63
candidate as written by the voter is substantially as 64
declared by the candidate it shall be counted, or in those 65
circumstances where the names of candidates are similar, the 66
names of candidates as shown on voter registration records 67
shall be counted; and 68
(c) The name of the office for which the candidate is 69
to be elected. 70
(4) Whenever a hand recount of votes [of paper 71
ballots] is ordered, the provisions of this subsection shall 72
be used to determine voter intent. 73
[3.] 2. Notwithstanding any other provision of law, a 74
distinguishing mark indicating a general preference for or 75
against the candidates of one political party shall not be 76
considered a vote for or against any specific candidate. 77
115.459. At each polling place [using paper ballots], 1
after the polling place is closed, the election judges shall 2
(1) Certify in the tally book the number of ballots 3
cast, the number of identification ce rtificates signed, the 4
number of rejected and spoiled ballots and the number of 5
ballots received at the polling place which were not cast at 6
the election. If the number of signed identification 7
certificates is not the same as the number of ballots cas t, 8
the judges shall make a signed statement of the fact and the 9
reasons therefor if known and shall return the statement 10
with the statements of returns; 11
(2) Certify on two statements of returns the number of 12
votes received by each candidate and f or and against each 13 SB 98 53
question. No returns shall be signed in blank or before the 14
polls have closed and all proper votes cast at the polling 15
place have been counted; 16
(3) Certify that each statement made in the tally book 17
and on each statement of r eturns is correct. If any judge 18
declines to certify that all such statements are correct, he 19
shall state his reasons in writing, which shall be attached 20
to each statement of returns and returned with the statement 21
to the election authority. 22
115.461. 1. The tally book for each polling place 1
[using paper ballots] shall be in substantially the 2
following form: 3
4
5
6
7
8
9
Tally book for ______ precincts, at the general
(special, primary) election held on the ______ day
of ______, 20______ AB, CD, EF, and XP judges, and
ZR and LT, watchers and BH and SP challengers at
this polling place, were sworn as the law directs
before beginning their duties.
10 We hereby certify:
11
12
The number of ballots received at this polling
place is ______;
13
14
15
16
The information on the official ballots
received at this polling place is the same as
the information on the sample ballots received
at this polling place.
17 AB
18 CD Election Judges
19 EF
20 XP
21 We hereby certify:
22
23
The number of ballots cast at this polling
place is ______;
SB 98 54
2. At each polling place [using paper ballots, ] two 37
tally sheets shall b e included in each tally book. The 38
tally sheets shall be in substantially the following form: 39
24
25
The number of identification certificates
signed at this polling place is ______;
26
27
The number of rejected ballots at this polling
place is ______;
28
29
The number of spoiled ballots at this polling
place is ______;
30
31
32
The number of ballots received at this polling
place which were not cast at this election is
______;
33 AB
34 CD
35 EF
36 XP
40 NAMES OF PERSONS VOTED FOR AND
41 FOR WHAT OFFICE AND THE NUMBER
42 OF VOTES CAST FOR EACH PERSON
43 Office Candidates Tally of Votes Total Votes
44 MC
45 Governor HK
46 EH
47 Representative SS
48 in RK
49 Congress CB
50 VOTES FOR AND AGAINST EACH QUESTION SB 98 55
3. At each polling place [using paper ballots,] two 67
statements of returns shall be provided to the election 68
judges. The statements of returns shall be in substantially 69
the following form: 70
51
52
53
Question Tally of votes
FOR
Tally of
votes
AGAINST
Total of votes
FOR
Total of
votes
AGAINST
54
55
1.
To_____
56 ______
57 ______
58
59
2.
To_____
60 ______
61 __________________ __________________
62
63
Signature of Recording Signature of
Recording
64 Judge Judge
65
66
(of different
political party)
71
72
73
74
We hereby certify that MC had ______ votes for
governor, and HK had ______ votes for governor and
EH had ______ votes for governor; that SS had
______ votes for representative in Congress, etc.
75
76
77
78
79
We hereby certify that proposition numbe r 1
received ______ votes for and ______ votes
against; constitutional amendment number 1
received ______ votes for and ______ votes
against, etc.
80
81
82
83
84
We, the duly qualified and acting Judges of the
polling place for ______ precincts, at the general
(special, primary) election held on the ______ of
______, 20______, in ______ county (City of St.
Louis, Kansas City), Missouri do hereby certify
SB 98 56
115.493. The election authority shall keep all voted 1
ballots, [ballot cards,] processed ballot materials in 2
electronic form and write -in forms, and all applications, 3
statements, certificates, affidavits and computer programs 4
relating to each election for [twenty-two months] five years 5
after the date of the election. During the time that voted 6
ballots, [ballot cards,] processed ballot materials in 7
electronic form and write -in forms are kept by the election 8
authority, it shall not open or inspect them or allow anyone 9
else to do so, except upon order of a legislative body 10
trying an election contest, a court or a grand jury. After 11
[twenty-two months] five years, the ballots, [ballot cards,] 12
processed ballot materials in electronic form, write -in 13
forms, applications, statem ents, certificates, affidavits 14
and computer programs relating to each election may be 15
destroyed. If an election contest, grand jury investigation 16
or civil or criminal case relating to the election is 17
pending at the time, however, the materials shall n ot be 18
destroyed until the contest, investigation or case is 19
finally determined. 20
115.501. As soon as possible after an election [in 1
which paper ballots or ballot cards are used ], the 2
verification board shall meet and check the additi on and 3
figures on all tally sheets and statements of returns and 4
85
86
87
that the foregoing is a full and accurate return
of all votes cast at this polling place for all
candidates and for and against all questions.
88 AB
89 CD Election Judges
90 EF
91 XP SB 98 57
shall compare its record with the returns made by the 5
election judges and the election authority on the day of the 6
election. Before meeting, the verification board shall give 7
notice of the time and place of the meeting to each 8
independent and new party candidate and the chairman of the 9
county committee of each political party named on the ballot 10
at the election. The meeting and proceedings of the 11
verification board shall be open to a representative of each 12
independent candidate and political party named on the 13
ballot. If there is a discrepancy between the returns of 14
the election judges and the election authority and the 15
record of the verification board, the verification board 16
shall correct the returns made by the judges and election 17
authority to conform to its record. The corrected returns 18
shall supersede the returns made by the election judges and 19
the election authority on election day. Both the record and 20
the returns shall be retained by the election authority as 21
provided in section 115.493. 22
115.527. Any [candidate for nomination to an office at 1
a primary election] registered voter may challenge the 2
correctness of the returns for [the] a nomination to any 3
office for which such registered voter was eligible to vote 4
charging that irregularities occurred in the election. 5
115.531. 1. Not later than five days after the 1
official announcement of the results of a primary election 2
is issued by the election authority or the secretary of 3
state, as the case may be, [any candidate] the person 4
desiring to contest the primary election shall file a 5
verified petition in the office of the clerk of the circuit 6
court of any circuit in which p art of the election was held 7
and in which any alleged irregularity occurred, unless the 8
office involved in the contest is that of a circuit or 9 SB 98 58
associate circuit judge not subject to Section 25, Article 10
V, Constitution of Missouri, in which case the ver ified 11
petition shall be filed, heard, and determined by an 12
adjoining circuit court selected by the contestant as 13
specified in section 115.575. The contestant shall only be 14
required to file one petition with the circuit court for 15
each election contest regardless of the number of counties 16
within the court's jurisdiction. The petition shall set 17
forth the points on which the contestant wishes to contest 18
the election and the facts the contestant will prove in 19
support of such points, and shall pray lea ve to produce such 20
proof. The judge of the court shall immediately note on the 21
petition the date it was filed and shall immediately set a 22
date, not later than five days after the petition is filed, 23
for a preliminary hearing. If the petition is filed in 24
vacation, the judge of the circuit court shall immediately 25
convene the court in special session for the purpose of 26
hearing the contest. If no regular judge of the court is 27
available the supreme court shall immediately assign another 28
judge. The circuit court in which the petition is filed 29
shall have exclusive jurisdiction over all matters relating 30
to the contest and may issue appropriate orders to all 31
election authorities in the area in which the contested 32
election was held. 33
2. If a petition contesting a primary election is 34
filed in an incorrect circuit, the court in which it is 35
filed shall have jurisdiction and shall promptly transfer 36
the suit to the correct circuit court. 37
115.541. 1. Whenever a recount is ordered pursuant to 1
section 115.539, the court shall order all materials and 2
records relating to the contest brought before it, so that 3
the court has the same materials and records as the election 4 SB 98 59
judges had while making the count and statements of 5
returns. The court shall have authority to pass upon the 6
form and determine the legality of the votes brought into 7
question and to determine the qualifications of any voter 8
whose vote is brought into question, provided that the name 9
of a voter upon a precinct r egister for the polling place 10
shall be prima facie evidence of the proper qualifications 11
of the voter. A comparison may be made between the 12
signatures on the identification certificates and those 13
which appear in the precinct registers, and no votes sh all 14
be counted except the votes of registered voters and those 15
entitled to vote as provided in section 115.277 without 16
being registered. No votes of any person found by the court 17
to be unqualified to vote at the primary election shall be 18
counted. 19
2. Whenever a recount of votes [cast on paper ballots ] 20
is ordered pursuant to section 115.539 or 115.601, the court 21
shall proceed to open and count the votes and, after the 22
count has been completed, shall tabulate by voting district 23
the votes cast for the contestant and the contestee. 24
[3. Whenever a recount of votes cast on any voting 25
machine is ordered pursuant to section 115.539 or 115.601, 26
the court shall make visible the registering counters of the 27
machine and, without unlocking the mach ine against voting, 28
shall record the votes cast on the machine. 29
4. Whenever a recount of votes cast on ballot cards is 30
ordered pursuant to section 115.539 or 115.601, the court 31
shall supervise a test of the automatic tabulating equipment 32
conducted in the manner provided in section 115.233 and 33
shall cause the votes to be recounted automatically or may 34
order a hand count of the votes. In its discretion, the 35
court may order a new computer program to be made, which 36 SB 98 60
shall be tested in the manner p rovided in section 115.233 37
before the votes in question are recounted automatically. ] 38
115.553. 1. Any [candidate for election to any 1
office] registered voter may challenge the correctness of 2
the returns for [the office] any election for which such 3
voter was eligible to vote , charging that irregularities 4
occurred in the election. 5
2. The result of any election on any question may be 6
contested by one or more registered voters from the area in 7
which the election was held. The petitioning voter or 8
voters shall be considered the contestant and the officer or 9
election authority responsible for issuing the statement 10
setting forth the result of the election shall be considered 11
the contestee. In any such contest, the proponents and 12
opponents of the ballot question shall have the right to 13
engage counsel to represent and act for them in all matters 14
involved in and pertaining to the contest. 15
115.585. 1. Whenever a recount is ordered pursuant to 1
section 115.583 or 115.601, the court or legislative body 2
trying the contest shall issue a writ to each election 3
authority responsible for conducting the election in any 4
area in which an alleged irregularity occurred, commanding 5
the election authority to prepare it s office and all records 6
and materials relating to the contested election for the 7
recount. Such writ shall be served immediately on the 8
election authority by the sheriff of the county. Upon 9
receipt of a writ, each election authority shall set a day, 10
not more than twenty days after receiving the writ, on which 11
it will have its office and all records and materials 12
relating to the contested election prepared. Immediately 13
upon setting the day, the election authority shall send by 14
certified or registered mail a notice to the court or 15 SB 98 61
legislative body issuing the writ. The notice shall set 16
forth the day selected by the election authority for the 17
recount. 18
2. Whenever a recount is ordered pursuant to section 19
115.583, the court or legislative b ody shall have authority 20
to pass upon the form and determine the legality of the 21
votes brought into question and to determine the 22
qualifications of any voter whose vote is brought into 23
question, provided that the name of a voter upon a precinct 24
register for the polling place shall be prima facie evidence 25
of the proper qualifications of the voter. A comparison may 26
be made between the signatures on the identification 27
certificates and those which appear in the precinct 28
registers, and no votes shall b e counted except the votes of 29
registered voters and those entitled to vote as provided in 30
subsection 2 of section 115.137 and section 115.277 without 31
being registered. No votes of any person found by the court 32
to be unqualified to vote at the election shall be counted. 33
3. Whenever a recount of votes [cast on paper ballots ] 34
is ordered pursuant to section 115.583 or 115.601, the court 35
or legislative body shall proceed to open and count the 36
votes and, after the count has been completed, shall 37
tabulate by voting district the votes cast for the 38
contestant and the contestee. 39
[4. Whenever a recount of votes cast on any voting 40
machine is ordered pursuant to section 115.583 or 115.601, 41
the court or legislative body shall make visible the 42
registering counters of the machine and, without unlocking 43
the machine against voting, shall record the votes cast on 44
the machine. 45
5. Whenever a recount of votes cast on ballot cards is 46
ordered pursuant to section 115.583 or 115.601, the court or 47 SB 98 62
legislative body shall supervise a test of the automatic 48
tabulating equipment conducted in the manner provided in 49
section 115.233 and shall cause the votes to be recounted 50
automatically, or may order a hand count of the votes. In 51
its discretion, the cour t or legislative body may order a 52
new computer program to be made, which shall be tested in 53
the manner provided in section 115.233 before the votes in 54
question are recounted automatically. ] 55
115.631. The following offenses, and any ot hers 1
specifically so described by law, shall be class one 2
election offenses and are deemed felonies connected with the 3
exercise of the right of suffrage. Conviction for any of 4
these offenses shall be punished by imprisonment of not more 5
than five years or by fine of not less than two thousand 6
five hundred dollars but not more than ten thousand dollars 7
or by both such imprisonment and fine: 8
(1) Willfully and falsely making any certificate, 9
affidavit, or statement required to be made pursuant t o any 10
provision of this chapter, including but not limited to 11
statements specifically required to be made "under penalty 12
of perjury"; or in any other manner knowingly furnishing 13
false information to an election authority or election 14
official engaged in any lawful duty or action in such a way 15
as to hinder or mislead the authority or official in the 16
performance of official duties. If an individual willfully 17
and falsely makes any certificate, affidavit, or statement 18
required to be made under section 115.155, including but not 19
limited to statements specifically required to be made 20
"under penalty of perjury", such individual shall be guilty 21
of a class D felony; 22
(2) Voting more than once or voting at any election 23
knowing that the person is not entitled to vote or that the 24 SB 98 63
person has already voted on the same day at another location 25
inside or outside the state of Missouri; 26
(3) Procuring any person to vote knowing the person is 27
not lawfully entitled to vote or knowingly procuring an 28
illegal vote to be cast at any election; 29
(4) Applying for a ballot in the name of any other 30
person, whether the name be that of a person living or dead 31
or of a fictitious person, or applying for a ballot in his 32
or her own or any other name after havin g once voted at the 33
election inside or outside the state of Missouri; 34
(5) Aiding, abetting or advising another person to 35
vote knowing the person is not legally entitled to vote or 36
knowingly aiding, abetting or advising another person to 37
cast an illegal vote; 38
(6) An election judge knowingly causing or permitting 39
any ballot to be in the ballot box at the opening of the 40
polls and before the voting commences; 41
(7) Knowingly furnishing any voter with a false or 42
fraudulent or bogus ballot, or knowingly practicing any 43
fraud upon a voter to induce him or her to cast a vote which 44
will be rejected, or otherwise defrauding him or her of his 45
or her vote; 46
(8) An election judge knowingly placing or attempting 47
to place or permitting any ba llot, or paper having the 48
semblance of a ballot, to be placed in a ballot box at any 49
election unless the ballot is offered by a qualified voter 50
as provided by law; 51
(9) Knowingly placing or attempting to place or 52
causing to be placed any false or fraudulent or bogus ballot 53
in a ballot box at any election; 54
(10) Knowingly removing any legal ballot from a ballot 55
box for the purpose of changing the true and lawful count of 56 SB 98 64
any election or in any other manner knowingly changing the 57
true and lawful count of any election; 58
(11) Knowingly altering, defacing, damaging, 59
destroying or concealing any ballot after it has been voted 60
for the purpose of changing the lawful count of any election; 61
(12) Knowingly altering, defacing, damaging, 62
destroying or concealing any poll list, report, affidavit, 63
return or certificate for the purpose of changing the lawful 64
count of any election; 65
(13) On the part of any person authorized to receive, 66
tally or count a poll list, tally sheet or election return, 67
receiving, tallying or counting a poll list, tally sheet or 68
election return the person knows is fraudulent, forged or 69
counterfeit, or knowingly making an incorrect account of any 70
election; 71
(14) On the part of any person whose duty it is to 72
grant certificates of election, or in any manner declare the 73
result of an election, granting a certificate to a person 74
the person knows is not entitled to receive the certificate, 75
or declaring any election result the person knows is based 76
upon fraudulent, fictitious or illegal votes or returns; 77
(15) Willfully destroying or damaging any official 78
ballots, whether marked or unmarked, after the ballots have 79
been prepared for use at an election and during the time 80
they are required by law to be preserved in the custody of 81
the election judges or the election authority; 82
(16) [Willfully tampering with, disarranging, altering 83
the information on, defacing, impairing or destroying any 84
voting machine or marking device after the machine or 85
marking device has been prepared for use at an election and 86
during the time it is required by law to remain locked and 87
sealed with intent to impair the functioning of the machine 88 SB 98 65
or marking device at an election, mislead any voter at the 89
election, or to destroy or change the count or record of 90
votes on such machine; 91
(17)] Registering to vote knowing the person is not 92
legally entitled to register or registering in the name of 93
another person, whether the name be that of a person living 94
or dead or of a fictitious person; 95
[(18)] (17) Procuring any other person to register 96
knowing the person is not legally entitled to register, or 97
aiding, abetting or advising another person to register 98
knowing the person is not legally entitled to register; 99
[(19)] (18) Knowingly preparing, altering or 100
substituting any computer program or other counting 101
equipment to give an untrue or unlawful result of an 102
election; 103
[(20)] (19) On the part of any person assisting a 104
blind or disabled person to vote, knowingly failing to cast 105
such person's vote as such person directs; 106
[(21)] (20) On the part of any registration or 107
election official, permitting any person to register to vote 108
or to vote when such official knows the person is not 109
legally entitled to register or not legally entitled to vote; 110
[(22)] (21) On the part of a notary public acting in 111
his or her official capacity, knowingly violating any of the 112
provisions of this chapter or any provision of law 113
pertaining to elections; 114
[(23)] (22) Violation of any of the provisions of 115
sections 115.275 to 115.303, or of any provision of law 116
pertaining to absentee voting; 117
[(24)] (23) Assisting a person to vote knowing such 118
person is not legally entitled to such assistance, or while 119
assisting a person to vote who is legally entitled to such 120 SB 98 66
assistance, in any manner coercing, requesting or suggesting 121
that the voter vote for or against, or refrain from voting 122
on any question, ticket or candidate; 123
[(25)] (24) Engaging in any act of violence, 124
destruction of property having a value of five hundred 125
dollars or more, or threatening an act of violence with the 126
intent of denying a person's lawful right to vote or to 127
participate in the election process; and 128
[(26)] (25) Knowingly providing false information 129
about election procedures for the purpose of preventing any 130
person from going to the polls. 131
115.633. The following offenses, and any others 1
specifically so described by law, shall be class two 2
election offenses and are deemed felonies not connected with 3
the exercise of the right of suffrage. Conviction for any 4
of these offenses shall be punished by imprisonment of not 5
more than five years or by fine of not less than two 6
thousand five hundred dollar s but not more than ten thousand 7
dollars or by both such imprisonment and fine [: 8
(1)] on the day of election or before the counting of 9
votes is completed, willfully concealing, breaking, or 10
destroying any ballot box used or intended to be used at 11
such election or willfully or fraudulently concealing or 12
removing any ballot box from the custody of the election 13
judges[; 14
(2) Willfully tampering with, disarranging, defacing, 15
materially altering, impairing, or destroying any voting 16
machine or automatic tabulating equipment owned or leased by 17
or loaned to an election authority ]. 18
115.655. 1. The election authority shall provide for 1
the delivery of official ballots to each qualified voter: 2 SB 98 67
(1) By first class mail to the mailing address of each 3
voter as it appears on the registration records of the 4
election authority on the deadline specified in subsection 1 5
of section 115.135 for registration. Each ballot so mailed 6
shall be placed by the election authority in an env elope 7
which is prominently marked "Do Not Forward" and mailed not 8
later than the tenth day prior to the election; or 9
(2) By delivering the ballot to the residential 10
address of the voter as it appears on the registration 11
records of the election au thority on the deadline specified 12
in subsection 1 of section 115.135 for registration. Such 13
delivery shall be made by a bi -partisan team appointed by 14
the election authority from lists submitted under the 15
provisions of section 115.087. 16
Voters shall also be provided with a return identification 17
envelope, a secrecy envelope, and instructions sufficient to 18
describe the voting process. 19
2. Upon receipt of the ballot, the voter shall mark 20
it, place and seal the marked ballot in the secrecy envelope 21
supplied with the ballot, place and seal the sealed secrecy 22
envelope containing the marked ballot in the return 23
identification envelope supplied with the ballot which has 24
been signed by the voter and then return the marked ballot 25
to the election author ity by either: 26
(1) United States mail; or 27
(2) Personally delivering the ballot to the office of 28
the election authority. 29
3. The election authority may provide additional sites 30
for return delivery of ballots. The election authority may 31
provide for the payment of postage on the return of ballots. 32 SB 98 68
4. The return identification envelope shall be in 33
substantially the following form: 34
5. If the ballot is destroyed, spoiled, lost or not 53
received by the voter, the voter may obtai n a replacement 54
ballot from the election authority as provided in this 55
subsection. A voter seeking a replacement ballot shall sign 56
a statement verified on oath or affirmation, on a form 57
prescribed by the election authority that the ballot was 58
destroyed, spoiled, lost or not received. The applicant 59
shall deliver the statement to the election authority before 60
noon on the date of the election. The applicant may mail 61
the statement to the election authority; but, no election 62
authority shall transmit a ballot by mail under this 63
subsection unless the application is received prior to the 64
35 PLEASE PRINT:
36 NAME ______
37
38
39
40
41
42
43
I declare under penalty of perjury, a felony, that
I am a resident and a qualified voter for this
election as shown on voter registration records
and that I have voted the enclosed ballot and am
returning it in compliance with sections 115.650
to 115.660, RSMo, and have not and will not vote
more than one ballot in this election.
44
45
I also understand that failure to complete the
information below will invalidate my ballot.
46 __________________
47 Signature
48 __________________
49 Residence Address
50 __________________
51
52
Mailing Address (if
different)
SB 98 69
close of business on the fifth day prior to the election. 65
When an application is timely received under this 66
subsection, the election authority shall deliver the bal lot 67
to the voter if the voter is present in the office of the 68
election authority, or promptly transmit the ballot by mail 69
to the voter at the address contained in the application, 70
except when prohibited in this subsection. The election 71
authority shall keep a record of each replacement ballot 72
provided under this subsection. 73
6. A ballot must be returned by mail or received in 74
the office of the election authority or at a site provided 75
for receipt of ballots by the election authority no later 76
than 7:00 p.m. on election day. The election authority 77
shall transmit all return identification envelopes to a team 78
or teams of judges of not less than four, with an equal 79
number from each major political party. The judges shall be 80
selected by the elec tion authority from lists submitted 81
under the provisions of section 115.087, and subscribe to 82
the oath provided in section 115.091. Upon receipt of such 83
envelopes the judges shall verify the signature of each 84
voter on the return identification envelop e with the 85
signature of the voter on the voter registration records. 86
Such verification may commence at time prior to the day of 87
the election. The election authority shall adopt procedures 88
for securing and accounting for all verified return 89
identification envelopes. The secrecy envelope shall not be 90
separated from the return identification envelope before 91
ballots are counted. Ballots may be counted at any time on 92
election day provided the results are not released before 93
7:00 p.m. on that day. Co unting of ballots [may] shall be 94
done by hand [or through the utilization of automatic 95 SB 98 70
tabulating equipment ] and shall be governed by the 96
applicable sections of this chapter. 97
[115.227. All provisions of law not 1
inconsistent with sections 115.225 to 115.235 2
shall apply with full force and effect to 3
elections in each jurisdiction using an 4
electronic voting system. ] 5
[115.229. 1. An electronic voting system 1
may be used at any primary election if it has 2
been approved by the secretary of state, 3
complies with the provisions of section 115.225, 4
and if the automatic tabulating equipment will 5
reject each vote on which a voter has voted for 6
candidates of more than one party. 7
2. An electronic voting system ma y be used 8
at any other election if it has been approved by 9
the secretary of state and complies with the 10
provisions of section 115.225. ] 11
[115.233. Within fourteen days prior to an 1
election at which an electronic voting system is 2
to be used, the election authority shall have 3
the automatic tabulating equipment tested to 4
ascertain that the equipment is in compliance 5
with the law and that it will correctly count 6
the votes cast for all offices and on all 7
questions. At least forty-eight hours prior to 8
the test, notice of the time and place of the 9
test shall be mailed to each independent and new 10
party candidate and the chairman of the county 11
committee of each established political party 12
named on the ballot. The test shall be obse rved 13
by at least two persons designated by the 14
election authority, one from each major 15
political party, and shall be open to 16
representatives of the political parties, 17
candidates, the news media and the public. The 18
test shall be conducted by processi ng a 19
preaudited group of ballots. If any error is 20
detected, the cause shall be ascertained and 21
corrected, and an errorless count shall be made 22
before the tabulating equipment is approved. ] 23
[115.235. In jurisdictions where 1
electronic voting systems are used, the election 2
authority shall cause the marking devices to be 3
put in order, set, adjusted and made ready for 4
voting, before they are delivered to polling 5
places on election day. ] 6
[115.249. No voting machine shall be used 1
unless it: 2
(1) Permits voting in absolute secrecy; 3
(2) Permits each voter to vote for as many 4
candidates for each office as he is lawfully 5
entitled to vote for, and no other; 6 SB 98 71
(3) Permits each voter to vote for or 7
against as many questions as he is lawfully 8
entitled to vote on, and no more; 9
(4) Provides facilities for each voter to 10
cast as many write-in votes for each office as 11
he is lawfully entitled to cast; 12
(5) Permits each voter in a primary 13
election to vote for the candidates of only one 14
party announced by the voter in advance; 15
(6) Correctly registers or records and 16
accurately counts all votes cast for each 17
candidate and for and against each question; 18
(7) Is provided with a lock or lock s which 19
prevent any movement of the voting or 20
registering mechanism and any tampering with the 21
mechanism; 22
(8) Is provided with a protective counter 23
or other device whereby any operation of the 24
machine before or after an election will be 25
detected; 26
(9) Is provided with a counter which shows 27
at all times during the election how many people 28
have voted on the machine; 29
(10) Is provided with a proper light which 30
enables each voter, while voting, to clearly see 31
the ballot labels.] 32
[115.255. The use of separate paper 1
ballots for questions and candidates in polling 2
places shall not be prohibited where electronic 3
voting machines are used.] 4
[115.257. 1. In jurisdictions where 1
electronic voting machines are used, the 2
election authority shall cause the voting 3
machines to be put in order, set, adjusted and 4
made ready for voting before they are delivered 5
to polling places. 6
2. At least five days before preparing 7
electronic voting machin es for any election, 8
notice of the time and place of such preparation 9
shall be mailed to each independent candidate 10
and the chairman of the county committee of each 11
established political party named on the 12
ballot. The preparation shall be watched by two 13
observers designated by the election authority, 14
one from each major political party, and shall 15
be open to representatives of the political 16
parties, candidates, the news media and the 17
public. 18
3. When an electronic voting machine has 19
been examined by such observers and shown to be 20
in good working order, the machine shall be 21
locked against voting. The observers shall 22
certify the vote count on each machine is set at 23
zero. 24
4. After an electronic voting machine has 25
been properly prepar ed and locked, its keys 26 SB 98 72
shall be retained by the election authority and 27
delivered to the election judges along with the 28
other election supplies. 29
5. For the purpose of processing absentee 30
ballots, cast by voters in person in the office 31
of the election authority that is deemed 32
designated as a polling place, the election 33
authority may cause voting machines, if used, to 34
be put in order, set, adjusted, tested, and made 35
ready for voting within one business day of the 36
printing of absentee ballots a s provided in 37
section 115.281. The election authority shall 38
have the recording counter except for the 39
protective counter on the voting machine set to 40
zero (000). After the voting machines have been 41
made ready for voting, the election authority 42
shall not permit any person to handle any voting 43
machine, except voters while they are voting and 44
others expressly authorized by the election 45
authority. The election authority shall neither 46
be nor permit any other person to be in any 47
position or near any position that enables the 48
authority or person to see how any absentee 49
voter votes or has voted. 50
6. Nothing in this section shall prohibit 51
the on-site storage of electronic voting 52
machines and the preparation of the electronic 53
machines for voting, provided the electronic 54
voting machines are put in order, set, adjusted 55
and made ready for voting as provided in 56
subsections 1, 2, 3, 4, and 5 of this section. ] 57
[115.259. At each polling place using 1
voting machines, the exterior of the voting 2
machines shall be in plain view of the election 3
judges. The election judges shall not be nor 4
permit any other person to be in any position, 5
or near any position, that enables them to see 6
how any voter votes or has voted. The election 7
judges may inspect any machine as necessary to 8
make sure the ballot label is in its proper 9
place and that the machine has not been damaged. ] 10
[115.261. During an election, no door, 1
compartment, or lock shall be unlocked or 2
opened, except by direction of the election 3
authority, and then only for good and sufficient 4
reason. If the door, compartment, or lock on 5
any machine is opened by the election authority 6
or his representative, the reason for such 7
opening shall be stated in writ ing, signed by 8
the election authority or his representative and 9
attached to one statement of returns. ] 10
[115.263. After the opening of the polls, 1
the election judges shall not permit any person 2
to handle any electronic voting machine , except 3
voters while they are voting and others 4 SB 98 73
expressly authorized by the election authority 5
or state law.] 6
[115.265. If any electronic voting machine 1
at a polling place becomes inoperative, the 2
election judges shall immediately notify the 3
election authority. If possible, the election 4
authority shall repair or replace the machine. 5
If an electronic voting machine is replaced with 6
another machine, the votes on both machines 7
shall be recorded at the close of the polls and 8
shall be added together in determining the 9
results of the election. If the inoperative 10
machine cannot be repaired, and no other machine 11
is available for use, paper ballots made as 12
nearly as practicable to the official ballot may 13
be used. At the close of the polls, the votes 14
on paper ballots and the votes on the electronic 15
voting machines shall be recorded and shall be 16
added together in determining the results of the 17
election. All paper ballots used pursuant to 18
this section shall be used in accord ance with 19
the laws affecting paper ballots and shall be 20
returned to the election authority as paper 21
ballots are returned with a statement describing 22
how and why the paper ballots were voted. ] 23
[115.267. Any election authority may 1
adopt, experiment with or abandon any electronic 2
voting system approved for use in the state, or 3
may lease one or more electronic voting machines 4
or other equipment, either with or without 5
option to purchase, and may use any authorized 6
electronic voting equipment at any polling place 7
in its jurisdiction. ] 8
[115.269. For the purpose of giving 1
instructions on their use, any election 2
authority may designate suitable times and 3
places for the exhibition and demonstration of 4
its electronic voting machines. During such 5
instructions, the electronic voting machines may 6
contain sample ballot labels which show the 7
names of offices and fictitious candidates. No 8
electronic voting machine shall be used for 9
instruction after it has been pr epared for use 10
at an election, unless it is prepared again 11
prior to the election. ] 12
[115.271. 1. While its electronic voting 1
machines are not in use, the election authority 2
may permit civic or educational organizations to 3
use the machines for the purpose of giving 4
instructions on their use. 5
2. Any election authority may rent its 6
electronic voting machines to any other group 7
for use in its elections. 8
3. At the discretion of the election 9
authority, the machines may be transported at 10 SB 98 74
the expense of the organizations using them. 11
The president or secretary of each organization 12
using such machines shall sign a receipt 13
therefor and shall agree in writing that the 14
organization assumes liability for any damage or 15
loss occurring to the machines up to the time 16
they are returned to the election authority and 17
will return the machines by a designated time. ] 18
[115.273. All provisions of law not 1
inconsistent with the provisions of sections 2
115.249 to 115.271 shall apply with full force 3
and effect to elections in jurisdictions using 4
electronic voting machines. ] 5
[115.467. 1. As soon as the polls close 1
in each polling place using an electronic voting 2
system, the election judges shall secure the 3
marking devices against further voting and begin 4
to count the write-in votes. If earlier 5
counting of write-in votes is begun pursuant to 6
section 115.469, the election judges shall 7
complete the count in the manner provided in 8
this section. Once begun, the count shall not 9
be adjourned or postponed until all proper write - 10
in votes in the ballot box have been counted. 11
2. The election judges shall remove the 12
ballot cards from the ballot box and separate 13
the ballots with write -in votes from those 14
without write-in votes. If there is a separate 15
form for write-in votes, all forms on which 16
write-in votes have been recorded shall be 17
consecutively numbered, starting with the number 18
one, and the same number shall be placed on the 19
ballot card of the voter. Where tallying of 20
write-in votes is to be done at the polling 21
place, the election judges shall compare the 22
write-in votes with the votes cast on the ballot 23
card. If the total number of votes including 24
write-in votes for any offic e exceeds the number 25
allowed by law, or if a voter has voted more 26
than once for the same person for the same 27
office at the same election, a notation of the 28
fact shall be noted on the back of the ballot 29
card, and it shall be returned with the write -in 30
form, if any, to the counting location in an 31
envelope marked "DEFECTIVE BALLOTS". 32
3. All proper write-in votes shall be 33
read, recorded and counted as provided in 34
sections 115.449 and 115.453. No write-in vote 35
shall be counted for any candidate for any 36
office whose name appears on the ballot label as 37
a candidate for the office, except when more 38
than one person is to be nominated or elected to 39
an office. When more than one person is to be 40
nominated or elected to an office, the voter may 41
write in the names of one or more persons whose 42
names do not appear on the ballot label with or 43 SB 98 75
without the names of one or more persons whose 44
names do appear. 45
4. If any ballot card is damaged so that 46
it cannot properly be counted by the automatic 47
tabulating equipment, the fact shall be noted on 48
the back of the ballot card and it shall be 49
returned to the counting location in the 50
envelope marked "DEFECTIVE BALLOTS". ] 51
[115.469. 1. If authorized by the 1
election authority, the e lection judges at any 2
polling place using an electronic voting system 3
may read and record write -in votes before the 4
close of the polls and may send other voted 5
ballots to the counting place. If so 6
authorized, the election judges shall use one 7
ballot box for the deposit of ballots during the 8
first five hours of voting. Between eleven 9
o'clock in the morning and twelve noon, the 10
receiving judges shall deliver the ballot box to 11
the counting and recording judges, who shall 12
give the receiving judges a second empty ballot 13
box. The second ballot box shall be shown to be 14
empty and locked in the manner provided in 15
section 115.423. The second ballot box shall 16
not be opened or removed from public view from 17
the time it is shown to be empty until the t ime 18
the polls close. The ballot box containing the 19
voted ballots shall be taken to a private area 20
within the polling place, and the write -in votes 21
shall be read and recorded in the manner 22
provided in section 115.467. 23
2. If early counting of wri te-in votes is 24
begun pursuant to this section, the election 25
judges shall, after counting and recording all 26
proper write-in votes, separate all ballot 27
cards, except defective ballot cards, from the 28
write-in forms if any. The ballots which do not 29
have write-in votes shall then be sent to the 30
counting place in the same manner as ballots are 31
sent upon the close of the polls. The election 32
judges shall enclose the ballot cards, the 33
envelope marked "DEFECTIVE BALLOTS", and all 34
write-in forms containing proper votes, in a 35
container designated by the election authority. 36
The container shall be securely sealed in such a 37
manner that if the container is opened, the seal 38
will be broken beyond repair. On the outside of 39
the container, the location of the polling place 40
and the date of the election shall be printed. 41
After sealing, the container shall be closely 42
watched by the election judges until it is 43
delivered to the counting location. 44
3. If early counting of write -in votes is 45
begun pursuant to this section, the election 46
authority shall appoint a team of employees or 47
election judges who shall, between the hours of 48 SB 98 76
eleven o'clock in the morning and three o'clock 49
in the afternoon, receive the ballot container 50
from the election judges at the polling place 51
and immediately deliver it to the counting 52
location. Each team appointed pursuant to this 53
subsection shall consist of two members, one 54
from each major political party. If any ballot 55
container is not sealed when it is delivered to 56
the counting location, the election official 57
receiving the container shall make a statement 58
of the fact which includes the location of the 59
polling place and the date of the election 60
printed on the container and the reason the 61
container is not sealed, if known. 62
4. After delivery to the counting 63
location, any ballot which is damaged and cannot 64
be properly counted by the automatic tabulating 65
equipment may be handcounted or duplicated in 66
the manner provided in subsection 3 of section 67
115.477. 68
5. After delivery to the counting 69
location, the proper votes on each ballot card 70
may be transferred to magnetic tapes. Under no 71
circumstances shall any such tape be read or 72
interpreted until after the time fixed by law 73
for the close of the polls and then only in the 74
manner provided in section 115.477. 75
6. Write-in ballots may also be counted as 76
provided in section 115.451. ] 77
[115.471. At each polling place using an 1
electronic voting system, after the polling 2
place is closed, the election judges shall 3
(1) Certify in the tally book: the number 4
of ballots cast by reconciling the ballot stubs 5
against the number of identification 6
certificates signed; the number of defective and 7
spoiled ballots; the number of ballots w ith 8
write-in votes; and the number of ballots 9
received at the polling place which were not 10
cast at the election. If the number of signed 11
identification certificates is not the same as 12
the number of ballots cast, the judges shall 13
make a signed statem ent of the fact and the 14
reasons therefor, if known, and shall return the 15
statement with the statements of returns; 16
(2) Where tallying of write -in votes is to 17
be done at the polling place, certify on two 18
statements of returns the number of write -in 19
votes received by each candidate. No returns 20
shall be signed in blank or before the polls 21
have closed and all proper write -in votes cast 22
at the polling place have been counted; 23
(3) Certify that each statement made in 24
the tally book and on eac h statement of returns 25
is correct. If any judge declines to certify 26
that all such statements are correct, he shall 27 SB 98 77
state his reasons in writing, which shall be 28
attached to each statement of returns and 29
returned with the statement to the election 30
authority.] 31
[115.473. 1. The tally book for each 1
polling place using an electronic voting system 2
shall be in substantially the following form: 3
[2. Where tallying of write -in votes is to 40
be done at the polling place, at each polling 41
4
5
6
7
8
9
10
Tally book for ______ precincts, at the general
(special, primary) election held on the ______
day of ______, 20______ AB, CD, EF, and XP
judges; and ZR and LT, watchers; and BH and SP,
challengers, at this polling place, were sworn
as the law directs befo re beginning their
duties.
11 We hereby certify:
12
13
The number of ballots received at this
polling place is ______;
14
15
16
17
The information on the ballot cards and
ballot labels received at this polling place
is the same as the information on the sample
ballots received at this polling place.
18 AB
19 CD Election Judges
20 EF
21 XP
22 We hereby certify:
23
24
The number of ballots cast at this polling
place is ______;
25
26
The number of identification certificates
signed at this polling place is ______;
27
28
The number of defective ballots at this
polling place is ______;
29
30
The number of spoiled ballots at this polling
place is ______;
31
32
The number of voters casting proper write -in
votes at this polling place is ______;
33
34
35
The number of ballots received at this
polling place which were not cast at this
election is ______;
36 AB
37 CD Election Judges
38 EF
39 XP ]
SB 98 78
place using an electronic voting system, two 42
tally sheets shall be included in each tally 43
book. The tally sheets shall be used to record 44
the proper write-in votes and shall be in 45
substantially the same form provided in 46
subsection 2 of section 115.461. 47
3. Where tallying of write -in votes is to 48
be done at the polling place, at each polling 49
place using an electronic voting system, two 50
statements of returns shall be provided to the 51
election judges. The statements of returns 52
shall be in substantially the following form: 53
[115.475. 1. As soon as possible after 1
signing the statements of returns, the election 2
judges shall seal and enclose the ballots, 3
electronic voting machine memory cards, write -in 4
forms containing no votes, the u nused ballots 5
and other election supplies in containers 6
designated by the election authority. 7
2. Immediately after the election 8
materials have been placed in the proper 9
containers, the two supervisory judges shall 10
together deliver the containers to the counting 11
location or other place designated by the 12
election authority. If any container is not 13
sealed when it is delivered to the counting 14
location or other place designated by the 15
election authority, the election official 16
receiving the container shall make a statement 17
of the fact which includes the location of the 18
polling place and the date of the election 19
printed on the container and the reason the 20
container is not sealed, if known. 21
54
55
56
57
58
59
60
61
62
63
64
65
66
We hereby certify that BK had ______ write -
in votes for governor, and SF had ______
write-in votes for governo r, that JH had
______ write-in votes for representative in
Congress, etc. We, the duly qualified and
acting judges of the polling place for
______ precincts, at the general (special,
primary) election held on the ______ day of
______, 20______, in ______ C ounty (City of
St. Louis, Kansas City), Missouri, do
hereby certify that the foregoing is a full
and accurate return of all write -in votes
cast at this polling place for all
candidates.
67 AB
68 CD Election Judges
69 EF
70 XP ]
SB 98 79
3. If the election authority has directed 22
the supervisory judges to deliver election 23
materials to a place other than the counting 24
location, the election authority shall appoint 25
at least one team of election judges who shall 26
receive the containers from the supervisory 27
judges and immediately deliver them to the 28
counting location. Each team appointed pursuant 29
to this subsection shall consist of two election 30
judges or employees of the election authority, 31
one from each major political party. ] 32
[115.477. 1. In each jurisdiction u sing 1
an electronic voting system, all proceedings at 2
the counting location shall be under the 3
direction of the election authority. The 4
election authority shall appoint two judges, one 5
from each major political party, to be present 6
and observe the count. The counting shall be 7
open to the public, but no persons, except those 8
employed and authorized for the purpose, shall 9
touch any ballot, ballot container or return. 10
2. The automatic tabulating equipment 11
shall produce a return showing the tot al number 12
of votes cast for each candidate and on each 13
question at each polling place and in the 14
jurisdiction as a whole. 15
3. If any ballot is damaged and cannot be 16
properly counted by the automatic tabulating 17
equipment, it may be handcounted in the manner 18
provided for absentee ballots, or a true 19
duplicate copy may be made of the defective 20
ballot. If any ballot contains a number of 21
votes and write-in votes for any office which 22
exceeds the number allowed by law, it may be 23
handcounted in the manner provided for absentee 24
ballots, a true duplicate copy be made which 25
does not include the invalid votes or, at the 26
discretion of the election judges, a self - 27
adhesive removable label, sensitized, may be 28
placed over any mark to allow the ballot to be 29
processed through the automatic tabulating 30
equipment. The duplication of each ballot shall 31
be closely observed by two election judges or 32
employees of the election authority, one from 33
each major political party. Each duplicate 34
ballot shall be clearly labeled "duplicate", 35
shall bear a serial number which shall be 36
recorded on the defective ballot, and shall be 37
counted in lieu of the defective ballot. ] 38
[115.479. In each jurisdiction using an 1
electronic voting system, the elect ion authority 2
shall, after the count has been completed and 3
the results received, have the automatic 4
tabulating equipment tested to ascertain that 5
the equipment has correctly counted the votes 6
for all offices and on all questions. The test 7 SB 98 80
shall be observed by at least two persons 8
designated by the election authority, one from 9
each major political party, and shall be open to 10
the public. The test shall be conducted by 11
processing the same preaudited group of ballots 12
used in the preelection test p rovided for in 13
section 115.233. If any error is detected, the 14
cause shall be ascertained and corrected, and an 15
errorless count shall be made before the final 16
results are announced. After the completion of 17
an errorless count, the programs and the bal lots 18
shall be sealed, retained and disposed of as 19
provided for paper ballots. ] 20
[115.481. The final and correct return 1
printed by the automatic tabulating equipment 2
added to the write-in, absentee and handcounted 3
votes shall be the official return of each 4
polling place and the jurisdiction. ] 5
[115.483. 1. As soon as the polls close 1
in each polling place using electronic voting 2
machines, the election judges shall secure each 3
voting machine against further votin g and 4
proceed to count the votes. Once begun, the 5
count shall not be adjourned or postponed until 6
all proper votes have been counted. 7
2. The election judges shall open the 8
counting compartment on each voting machine or, 9
if a machine is equipped with a device for 10
printing, embossing or photographing the 11
registering counters, the judges shall operate 12
the machine to produce a record of the 13
counters. One counting judge shall read the 14
total vote cast for each candidate and for and 15
against each question on each machine. The 16
other counting judge shall watch and verify each 17
total as it is being read from the recording 18
counters or from the record of the counters. 19
The two recording judges shall each record the 20
votes cast for each candidate an d for and 21
against each question as they are called out and 22
verified by the counting judges. 23
3. All proper write-in votes shall be 24
read, recorded and counted as provided in 25
sections 115.449 and 115.453. No write-in vote 26
shall be counted for any candidate for any 27
office whose name appears on the ballot label as 28
a candidate for the office, except when more 29
than one person is to be nominated or elected to 30
an office. When more than one person is to be 31
nominated or elected to an office, the vote r may 32
write in the names of one or more persons whose 33
names do not appear on the ballot label with or 34
without the names of one or more persons whose 35
names do appear. No write-in vote shall be 36
counted unless it is cast in the appropriate 37
place on the machine. 38 SB 98 81
4. If more than one voting machine is used 39
in a polling place, the election judges shall 40
read, verify and record all the totals from the 41
first machine before proceeding to the second, 42
and so on, until all of the totals on each 43
machine in the polling place have been read, 44
verified and recorded. The total number of 45
votes from each machine shall be added to the 46
write-in votes to determine the total vote for 47
each candidate and for and against each 48
question.] 49
[115.495. 1. After being secured against 1
further voting by the election judges, 2
electronic voting machines shall remain secured 3
for the period provided by law for filing an 4
election contest and as much longer as may be 5
necessary or advisable because of any threatened 6
or pending contest, grand jury investigation, or 7
civil or criminal case relating to the 8
election. During this time, the electronic 9
voting machines shall not be unsecured, except 10
upon order of a court, grand jury or legislative 11
body trying an election contest. 12
2. Notwithstanding the provisions of 13
subsection 1 of this section to the contrary, 14
when an election is required by law to be held 15
after an election during any period of time 16
described in subsection 1 of this section, the 17
data of the electronic voting machine relating 18
to the initial election shall be removed and 19
secured and such machine shall be made available 20
for use in the subsequent election. ] 21
[115.503. 1. As soon as possible after an 1
election in which electronic voting machines are 2
used, the verification board, or a bipartisan 3
committee appointed by the verification board, 4
shall inspect each secured electronic voting 5
machine and record the votes cast on the 6
machine. In precincts where electr onic voting 7
machines equipped with printed election returns 8
mechanisms are used, the counter compartment 9
shall not be opened and the original and 10
duplicate originals of the printed return sheets 11
of the votes cast on questions and for 12
candidates regularly nominated, or who have duly 13
filed, together with the tabulation and 14
inclusion of any votes written in on the paper 15
roll for those not regularly nominated, or who 16
have not filed, shall constitute the official 17
return sheet for the votes cast on tha t machine, 18
when properly certified by the precinct election 19
officers. One copy of such printed return sheet 20
shall be returned to the election authority and 21
retained by it for not less than one year. Any 22
bipartisan committee appointed pursuant to thi s 23
subsection shall consist of at least two people, 24 SB 98 82
one from each major political party, who shall 25
be appointed in the same manner and possess the 26
same qualifications as election judges. 27
2. After the verification board or 28
committee has completed its inspection and 29
record, it shall compare the record with the 30
returns made by the election judges on election 31
day. If there is a discrepancy between the 32
returns of the election judges and the record of 33
the verification board or committee, the 34
verification board shall correct the returns 35
made by the judges to conform to its record. 36
The corrected returns shall supersede the 37
returns made by the election judges on election 38
day. Both the record and the returns shall be 39
retained by the election au thority as provided 40
in section 115.493.] 41
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