Missouri 2024 Regular Session

Missouri Senate Bill SB1025 Compare Versions

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Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	SECOND REGULAR SESSION
5	5	SENATE BILL NO. 1025
6	6	102ND GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR BRATTIN.
8	8	3255S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 115.013, 115.163, 115.179, 115.181, 115.193, and 115.221, RSMo, and to enact
11	11	in lieu thereof six new sections relating to the maintenance of voter registration records.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 115.013, 115.163, 115.179, 115.181, 1
15	15	115.193, and 115.221, RSMo, are re pealed and six new sections 2
16	16	enacted in lieu thereof, to be known as sections 115.013, 3
17	17	115.163, 115.179, 115.181, 115.193, and 115.221, to read as 4
18	18	follows:5
19	19	115.013. As used in this chapter, unless the context 1
20	20	clearly implies otherwise, the following terms mean: 2
21	21	(1) "Air-gap" or "air-gapped", a security measure in 3
22	22	which equipment is physically and technically isolated from 4
23	23	any network and is not directly connected to the internet 5
24	24	nor is it connected to any other system that is connected to 6
25	25	the internet. Data can only be passed to an air -gapped 7
26	26	device physically via a USB or other removable media; 8
27	27	(2) "Automatic tabulating equipment", the apparatus 9
28	28	necessary to examine and automatically count votes, and the 10
29	29	data processing machines w hich are used for counting votes 11
30	30	and tabulating results and which are air -gapped and not 12
31	31	physically able to be connected to a network; 13
32	32	(3) "Ballot", the paper ballot, or ballot designed 14
33	33	for use with an electronic voting system on which each voter 15 SB 1025 2
34	34	may cast all votes to which he or she is entitled at an 16
35	35	election; 17
36	36	(4) "Ballot label", the card, paper, booklet, page, or 18
37	37	other material containing the names of all offices and 19
38	38	candidates and statements of all questions to be voted on; 20
39	39	(5) "Counting location", a location selected by the 21
40	40	election authority for the automatic processing or counting, 22
41	41	or both, of ballots; 23
42	42	(6) "County", any county in this state or any city not 24
43	43	within a county; 25
44	44	(7) "Disqualified", a determination mad e by a court of 26
45	45	competent jurisdiction, the Missouri ethics commission, an 27
46	46	election authority or any other body authorized by law to 28
47	47	make such a determination that a candidate is ineligible to 29
48	48	hold office or not entitled to be voted on for office; 30
49	49	(8) "District", an area within the state or within a 31
50	50	political subdivision of the state from which a person is 32
51	51	elected to represent the area on a policy -making body with 33
52	52	representatives of other areas in the state or political 34
53	53	subdivision; 35
54	54	(9) "Electronic voting machine", any part of an air - 36
55	55	gapped electronic voting system on which a voter is able to 37
56	56	cast a ballot under this chapter; 38
57	57	(10) "Electronic voting system", a system of casting 39
58	58	votes by use of marking devices, and counting votes by use 40
59	59	of automatic air-gapped tabulating or air -gapped data 41
60	60	processing equipment, including computerized voting systems 42
61	61	that mark or tabulate ballots; 43
62	62	(11) "Established political party" for the state, a 44
63	63	political party which, at either of the la st two general 45
64	64	elections, polled for its candidate for any statewide office 46
65	65	more than two percent of the entire vote cast for the 47 SB 1025 3
66	66	office. "Established political party" for any district or 48
67	67	political subdivision shall mean a political party which 49
68	68	polled more than two percent of the entire vote cast at 50
69	69	either of the last two elections in which the district or 51
70	70	political subdivision voted as a unit for the election of 52
71	71	officers or representatives to serve its area; 53
72	72	(12) "Federal office", the office of presidential 54
73	73	elector, United States senator, or representative in 55
74	74	Congress; 56
75	75	(13) "Independent", a candidate who is not a candidate 57
76	76	of any political party and who is running for an office for 58
77	77	which political party candidates may run; 59
78	78	(14) "Major political party", the political party 60
79	79	whose candidates received the highest or second highest 61
80	80	number of votes at the last general election; 62
81	81	(15) "Marking device", any device approved by the 63
82	82	secretary of state under section 115.225 which w ill enable 64
83	83	the votes to be counted by automatic tabulating equipment; 65
84	84	(16) "Municipal" or "municipality", a city, village, 66
85	85	or incorporated town of this state; 67
86	86	(17) "New party", any political group which has filed 68
87	87	a valid petition and is enti tled to place its list of 69
88	88	candidates on the ballot at the next general or special 70
89	89	election; 71
90	90	(18) "Nonpartisan", a candidate who is not a candidate 72
91	91	of any political party and who is running for an office for 73
92	92	which party candidates may not run; 74
93	93	(19) "Political party", any established political 75
94	94	party and any new party; 76
95	95	(20) "Political subdivision", a county, city, town, 77
96	96	village, or township of a township organization county; 78 SB 1025 4
97	97	(21) "Polling place", the voting place designated for 79
98	98	all voters residing in one or more precincts for any 80
99	99	election; 81
100	100	(22) "Precincts", the geographical areas into which 82
101	101	the election authority divides its jurisdiction for the 83
102	102	purpose of conducting elections; 84
103	103	(23) "Public office", any office estab lished by 85
104	104	constitution, statute or charter and any employment under 86
105	105	the United States, the state of Missouri, or any political 87
106	106	subdivision or special district thereof, but does not 88
107	107	include any office in the Missouri state defense force or 89
108	108	the National Guard or the office of notary public or city 90
109	109	attorney in cities of the third classification or cities of 91
110	110	the fourth classification; 92
111	111	(24) "Question", any measure on the ballot which can 93
112	112	be voted "YES" or "NO"; 94
113	113	(25) "Relative within the secon d degree by 95
114	114	consanguinity or affinity", a spouse, parent, child, 96
115	115	grandparent, brother, sister, grandchild, mother -in-law, 97
116	116	father-in-law, daughter-in-law, or son-in-law; 98
117	117	(26) "Special district", any school district, water 99
118	118	district, fire protection district, hospital district, 100
119	119	health center, nursing district, or other districts with 101
120	120	taxing authority, or other district formed pursuant to the 102
121	121	laws of Missouri to provide limited, specific services; 103
122	122	(27) "Special election", elections called by any 104
123	123	school district, water district, fire protection district, 105
124	124	or other district formed pursuant to the laws of Missouri to 106
125	125	provide limited, specific services; and 107
126	126	(28) "Voter activity", registering to vote, voting in 108
127	127	an election, signing a petit ion to form a new political 109
128	128	party, signing a petition for the nomination of an 110 SB 1025 5
129	129	independent candidate for office, or signing an initiative 111
130	130	petition; 112
131	131	(29) "Voting district", the one or more precincts 113
132	132	within which all voters vote at a single polling place for 114
133	133	any election. 115
134	134	115.163. 1. Each election authority shall use the 1
135	135	Missouri voter registration system established by section 2
136	136	115.158 to prepare a list of legally registered voters for 3
137	137	each precinct. The list shall be arran ged alphabetically or 4
138	138	by street address as the election authority determines and 5
139	139	shall be known as the precinct register. The precinct 6
140	140	registers shall be kept by the election authority in a 7
141	141	secure place, except when given to election judges for use 8
142	142	at an election. Except as provided in subsection 6 of 9
143	143	section 115.157, all registration records shall be open to 10
144	144	inspection by the public at all reasonable times. 11
145	145	2. A new precinct register shall be prepared by the 12
146	146	election authority prior to each election. 13
147	147	3. (1) The election authority shall send to each 14
148	148	voter, except those who registered by mail and have not 15
149	149	voted, a voter identification card no later than ninety days 16
150	150	prior to the date of a primary or general election for 17
151	151	federal office, unless the voter has received such a card 18
152	152	during the preceding six months. The election authority 19
153	153	shall send to each voter who registered by mail and has not 20
154	154	voted the verification notice required under section 115.155 21
155	155	no later than ninety days pri or to the date of a primary or 22
156	156	general election for federal office. 23
157	157	(2) The voter identification card shall contain the 24
158	158	voter's name, address, political party affiliation, and 25
159	159	precinct. The card also shall inform the voter of the 26
160	160	personal identification requirement in section 115.427 and 27 SB 1025 6
161	161	may also contain other voting information at the discretion 28
162	162	of the election authority. 29
163	163	(3) The voter identification card shall be sent to a 30
164	164	voter, except those who registered by mail and have not 31
165	165	voted, after a new registration or a change of address. If 32
166	166	any voter, except those who registered by mail and have not 33
167	167	voted, shall lose his or her voter identification card or 34
168	168	change political party affiliation, [he or she] the voter 35
169	169	may request a new card from the election authority. 36
170	170	(4) The issuance of voter identification [card 37
171	171	authorized] cards pursuant to subdivision (1) of this 38
172	172	[section may be used as ] subsection shall be considered a 39
173	173	canvass of voters [in lieu of the provisions set out in ] 40
174	174	pursuant to sections 115.179 to 115.193. 41
175	175	(5) Except as provided in subsection 6 of section 42
176	176	115.157, anyone, upon request and payment of a reasonable 43
177	177	fee, may obtain a printout, list and/or computer tape of 44
178	178	those newly registered voters or voters d eleted from the 45
179	179	voting rolls, since the last canvass or updating of the 46
180	180	rolls. 47
181	181	(6) The election authority may authorize the use of 48
182	182	the postal service contractors under the federal National 49
183	183	Change of Address program to identify those voters whose 50
184	184	address is not correct on the voter registration records. 51
185	185	The election authority shall not be required to mail a voter 52
186	186	registration card to those voters whose addresses are 53
187	187	incorrect. Confirmation notices to such voters required by 54
188	188	section 115.193 shall be sent to the corrected address 55
189	189	provided by the National Change of Address program. 56
190	190	115.179. [1.] The election authority shall [have] 1
191	191	canvass the registration records of all precincts in its 2
192	192	jurisdiction [canvassed] every two years [in accordance with 3 SB 1025 7
193	193	subsection 3 of section 115.163 and that it ]. Such canvass 4
194	194	shall be completed no later than ninety days prior to the 5
195	195	date of a primary or general election for federal office. 6
196	196	[The election authority may utilize postal servic e 7
197	197	contractors under the federal National Change of Address 8
198	198	program to canvass the records. 9
199	199	2. In each jurisdiction without a board of election 10
200	200	commissioners, the county clerk shall have the registration 11
201	201	records of all precincts in its jurisdictio n canvassed every 12
202	202	two years in accordance with subsection 3 of section 115.163 13
203	203	and that it be completed no later than ninety days prior to 14
204	204	the date of a primary or general election for federal 15
205	205	office.] 16
206	206	115.181. 1. In its discretion, the election authority 1
207	207	may order all or any part of a canvass to be made using any 2
208	208	one of the following methods, or any combination thereof: 3
209	209	(1) House-to-house, pursuant to sections 115.185 and 4
210	210	115.187; 5
211	211	(2) Through the United States Postal Service, [or by 6
212	212	both methods] pursuant to section 115.189; 7
213	213	(3) Through the issuance of voter registration cards 8
214	214	pursuant to subsection 3 of section 115.163; or 9
215	215	(4) Through the utilization of postal service 10
216	216	contractors pursuant to the federa l National Change of 11
217	217	Address program. 12
218	218	2. At the discretion of the election authority, [the] 13
219	219	a canvass may be made by including only those voters who did 14
220	220	not vote at the last general election and those voters who 15
221	221	registered since the last general election. 16
222	222	115.193. 1. Upon completion of a canvass as provided 1
223	223	for in this chapter, the election authority shall remove a 2
224	224	registered voter's name [shall not be removed ] from the list 3 SB 1025 8
225	225	of registered voters on the precinct register on the ground 4
226	226	that the voter has changed residence [unless] if: 5
227	227	(1) The voter confirms in writing that the voter has 6
228	228	changed residence to a place outside the election 7
229	229	authority's jurisdiction in which the voter is registered; or 8
230	230	(2) The voter fails to respond to a notice described 9
231	231	in subsection 3 of this section and has not [voted in an 10
232	232	election] engaged in voter activity during the period 11
233	233	beginning on the date of the notice and ending on the day 12
234	234	after the date of the second general election that occurs 13
235	235	after the date of the notice. 14
236	236	2. The notice referred to in subsection 1, subdivision 15
237	237	(2) of this section shall contain a postage prepaid and 16
238	238	preaddressed return card, sent by forwardable mail, on which 17
239	239	the voter may state the voter's current address. 18
240	240	3. The notice shall also contain the following 19
241	241	statements: 20
242	242	"(1) Any voter who has not changed his or her 21
243	243	residence, or has changed residence but remained in the same 22
244	244	election authority's jurisdiction, shall return the card n ot 23
245	245	later than the fourth Wednesday prior to the next election. 24
246	246	If the card is not returned by this date, oral or written 25
247	247	affirmation of the voter's address may be required at the 26
248	248	polling place before the voter will be permitted to vote in 27
249	249	an election during the period beginning on the date of the 28
250	250	notice and ending on the day after the date of the second 29
251	251	general election that occurs after the date of the notice. 30
252	252	Any voter who does not [vote in an election] engage in voter 31
253	253	activity during that period, will have his or her name 32
254	254	removed from the list of eligible voters; 33
255	255	(2) For additional information on registering to vote, 34
256	256	contact the election authority located in the county of your 35 SB 1025 9
257	257	current residence. If you reside in the City of St. Louis, 36
258	258	contact the St. Louis City election board." 37
259	259	4. If the election authority believes that the name of 38
260	260	any voter was improperly removed from the [registration 39
261	261	records] list of registered voters on the precinct register , 40
262	262	it may, by telephone or in wr iting on election day, 41
263	263	authorize election judges to permit the voter to vote. The 42
264	264	voter may be required to execute an affidavit of 43
265	265	qualification on a form prescribed by the election authority 44
266	266	before being permitted to vote. 45
267	267	5. An election authority may designate any voter as an 46
268	268	inactive voter if the election authority receives from the 47
269	269	United States Postal Service notification that the voter no 48
270	270	longer resides at the address last known to the election 49
271	271	authority and no forwarding address is ava ilable, or the 50
272	272	voter fails to respond to the notice authorized in 51
273	273	subdivision (2) of subsection 1 of this section within 52
274	274	thirty days after the election authority sends such notice. 53
275	275	Such voter may be designated as an inactive voter only until: 54
276	276	(1) The voter returns such notice to the election 55
277	277	authority; 56
278	278	(2) The voter provides the election authority with his 57
279	279	or her new address pursuant to the provisions of this 58
280	280	chapter; 59
281	281	(3) The voter provides a written affirmation that the 60
282	282	voter has not changed residence; or 61
283	283	(4) The election authority receives sufficient 62
284	284	information to remove the voter from the list of registered 63
285	285	voters pursuant to this section or section 115.165, or 64
286	286	return the voter to the active list of registered voters i n 65
287	287	the jurisdiction. 66 SB 1025 10
288	288	6. An election authority may exclude inactive voters 67
289	289	to determine only: 68
290	290	(1) The number of ballots to be printed pursuant to 69
291	291	section 115.247; 70
292	292	(2) The proportional costs of elections; or 71
293	293	(3) Mailing information to registered voters. 72
294	294	115.221. [Notwithstanding any other provisions of law 1
295	295	to the contrary,] 2
296	296	1. Each election authority may [have] inspect the 3
297	297	voting records [inspected and may] of all precincts in its 4
298	298	jurisdiction. 5
299	299	2. (1) Each election authority shall investigate the 6
300	300	qualifications of any person who has not [voted] engaged in 7
301	301	voter activity or has transferred his or her registration 8
302	302	within the [four] two preceding calendar years. 9
303	303	(2) If an election authority de termines that a 10
304	304	registered voter has not engaged in voter activity within 11
305	305	the two preceding calendar years, the election authority 12
306	306	shall include such registered voter in any canvass conducted 13
307	307	pursuant to section 115.181. 14
308	308	