Missouri 2024 Regular Session

Missouri Senate Bill SB1136 Compare Versions

Only one version of the bill is available at this time.

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. 1136
6	6	102ND GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR ARTHUR.
8	8	3888S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 115.133, 115.155, and 115.161, RSMo, and to enact in lieu thereof five new
11	11	sections relating to voting accessibility for persons with disabilities, with an effective
12	12	date.
13	13
14	14	Be it enacted by the General Assembly of the State of Missouri, as follows:
15	15	Section A. Sections 115.133, 115.155, and 115.161, RSMo, 1
16	16	are repealed and five new sectio ns enacted in lieu thereof, to 2
17	17	be known as sections 115.133, 115.134, 115.155, 115.161, and 3
18	18	115.226, to read as follows:4
19	19	115.133. 1. Except as provided in subsection 2 of 1
20	20	this section, any citizen of the United States who is a 2
21	21	resident of the state of Missouri and seventeen years and 3
22	22	six months of age or older shall be entitled to register and 4
23	23	to vote in any election which is held on or after his 5
24	24	eighteenth birthday. 6
25	25	2. No person who is adjudged incapacitated shall be 7
26	26	entitled to register or vote. No person shall be entitled 8
27	27	to vote: 9
28	28	(1) While confined under a sentence of imprisonment; 10
29	29	(2) While on probation or parole after conviction of a 11
30	30	felony, until finally discharged from such probation or 12
31	31	parole; or 13
32	32	(3) After conviction of a felony or misdemeanor 14
33	33	connected with the right of suffrage. 15
34	34	3. Except as provided in federal law or federal 16
35	35	elections and in section 115.277, no person shall be 17
36	36	entitled to vote if the person has not registered to vote in 18 SB 1136 2
37	37	the jurisdiction of his or her residence prior to the 19
38	38	deadline to register to vote. 20
39	39	4. A person with disabilities under a conservatorship 21
40	40	or an incapacitated person under a guardianship may register 22
41	41	to vote, provided a court order has not made findings of 23
42	42	fact by clear and convincing evidence that the person cannot 24
43	43	communicate, with or without reasonable accommodations, a 25
44	44	desire to participate in the voting process pursuant to 26
45	45	section 115.134 and the individual is not otherwise 27
46	46	disqualified from voting . 28
47	47	115.134. 1. A person is presumed competent to vote 1
48	48	regardless of his or her guardianship or conservatorship 2
49	49	status. A person shall be deemed mentally incapacitated for 3
50	50	purposes of voting, if, during the course of any proceedings 4
51	51	establishing a guardian or conservator, the court finds by 5
52	52	clear and convincing evidence that the person cannot 6
53	53	communicate, with or without reasonable accommodations, a 7
54	54	desire to participate in the voting process, and a guardian 8
55	55	or conservator for th e person or the person's estate is 9
56	56	appointed pursuant to chapter 475. 10
57	57	2. If an order establishing a guardianship or 11
58	58	conservatorship is made and in connection with the order it 12
59	59	is found by clear and convincing evidence that the person 13
60	60	cannot communicate, with or without reasonable 14
61	61	accommodations, a desire to participate in the voting 15
62	62	process, the court shall forward the order and determination 16
63	63	to the secretary of state and the election authority in the 17
64	64	person's jurisdiction in the format prescr ibed by the 18
65	65	secretary of state. 19
66	66	115.155. 1. The election authority shall provide for 1
67	67	the registration of each voter. Each application shall be 2
68	68	in substantially the following form: 3 SB 1136 3
69	69	4 APPLICATION FOR REGISTRATION
70	70	5 Are you a citizen of the United States?
71	71	6 □ YES □ NO
72	72	7 Will you be 18 years of age on or before election day?
73	73	8 □ YES □ NO
74	74	9
75	75	10
76	76	IF YOU CHECKED “NO” IN RESPONSE TO EITHER OF THESE
77	77	QUESTIONS, DO NOT COMPLETE THIS FORM.
78	78
79	79	11
80	80	12
81	81	13
82	82	14
83	83	15
84	84	16
85	85	17
86	86	18
87	87	19
88	88	IF YOU ARE SUBMITTING THIS FORM BY MAIL AND ARE REGISTERING
89	89	FOR THE FIRST TIME, PLEASE SUBMIT A COPY OF A CURRENT,
90	90	VALID PHOTO IDENTIFICATION. IF YOU DO NOT SUBMIT SUCH
91	91	INFORMATION, YOU WILL BE REQUIRED TO PRESENT ADDITIONAL
92	92	IDENTIFICATION UPON VOTING FOR THE FIRST TIME SUCH AS A
93	93	BIRTH CERTIFICATE, A NATIVE AMERICAN TRIBAL DOCUMENT, OTHER
94	94	PROOF OF UNITED STATES CITIZENSHIP, A VALID MISSOURI
95	95	DRIVER'S LICENSE OR OTHER FORM OF PERSONAL IDENTIFICATION.
96	96
97	97	20 __________________
98	98	21 Township (or Ward)
99	99	22 __________________ __________________
100	100	23 Name Precinct
101	101	24 __________________ __________________
102	102	25
103	103	26
104	104	27
105	105	Home Address Required Personal
106	106	Identification
107	107	Information
108	108
109	109	28 __________________
110	110	29 City ZIP
111	111	30 __________________ __________________
112	112	31 Date of Birth Place of Birth
113	113	32 (Optional)
114	114	33 __________________ __________________
115	115	34 Telephone Number Mother's Maiden
116	116	35 (Optional) Name (Optional) SB 1136 4
117	117	36 __________________ __________________
118	118	37
119	119	38
120	120	Occupation
121	121	(Optional)
122	122	Last Place
123	123	Previously
124	124
125	125	39 Registered
126	126	40 __________________ __________________
127	127	41
128	128	42
129	129	43
130	130	44
131	131	45
132	132	46
133	133	47
134	134	48
135	135	Last four digits of
136	136	Social Security
137	137	Number
138	138	(Required for
139	139	registration unless
140	140	no Social Security
141	141	Number exists for
142	142	Applicant)
143	143	Under What Name
144	144	49
145	145	50 Remarks: __________________
146	146	51 When
147	147	52
148	148	53
149	149	Political Party
150	150	Affiliation
151	151
152	152	54
153	153	55
154	154	56
155	155	57
156	156	(OPTIONAL: You shall
157	157	be unaffiliated
158	158	unless you designate
159	159	an affiliation.)
160	160
161	161	58
162	162	59
163	163	60
164	164	61
165	165	62
166	166	63
167	167	64
168	168	65
169	169	I am a citizen of the United States and a resident of the
170	170	state of Missouri. I have not been adjudged incapacitated
171	171	by any court of law. If I have been convicted of a felony
172	172	or of a misdemeanor connected with the right of suffrage, I
173	173	have had the voting di sabilities resulting from such
174	174	conviction removed pursuant to law. I do solemnly swear
175	175	that all statements made on this card are true to the best
176	176	of my knowledge and belief.
177	177
178	178	66
179	179	67
180	180	68
181	181	69
182	182	70
183	183	71
184	184	I UNDERSTAND THAT IF I REGISTER TO VOTE KNOWING THAT I AM
185	185	NOT LEGALLY ENTITLED TO REGISTER, I AM COMMITTING A CLASS
186	186	ONE ELECTION OFFENSE AND MAY BE PUNISHED BY IMPRISONMENT OF
187	187	NOT MORE THAN FIVE YEARS OR BY A FINE OF BETWEEN TWO
188	188	THOUSAND FIVE HUNDRED DOLLA RS AND TEN THOUSAND DOLLARS OR
189	189	BY BOTH SUCH IMPRISONMENT AND FINE.
190	190
191	191	72 __________________ __________________ SB 1136 5
192	192	2. The options for political party affiliation 76
193	193	required by the application described in subsection 1 of 77
194	194	this section shall include all established political parties 78
195	195	and an option to be unaffiliated. If an applicant does not 79
196	196	designate an affiliation, the election auth ority shall mark 80
197	197	the applicant's form as unaffiliated. 81
198	198	3. After supplying all information necessary for the 82
199	199	registration records, each applicant who appears in person 83
200	200	before the election authority shall swear or affirm the 84
201	201	statements on the regis tration application by signing his or 85
202	202	her full name, witnessed by the signature of the election 86
203	203	authority or such authority's deputy registration official. 87
204	204	Each applicant who applies to register by mail pursuant to 88
205	205	section 115.159, or pursuant to sect ion 115.160 or 115.162, 89
206	206	shall attest to the statements on the application by his or 90
207	207	her signature. 91
208	208	4. Upon receipt by mail of a completed and signed 92
209	209	voter registration application, a voter registration 93
210	210	application forwarded by the division of mot or vehicle and 94
211	211	drivers licensing of the department of revenue pursuant to 95
212	212	section 115.160, or a voter registration agency pursuant to 96
213	213	section 115.162, the election authority shall, if satisfied 97
214	214	that the applicant is entitled to register, transfer all 98
215	215	data necessary for the registration records from the 99
216	216	application to its registration system. Within seven 100
217	217	business days after receiving the application, the election 101
218	218	authority shall send the applicant a verification notice. 102
219	219	73 Signature of Voter Date
220	220	74 __________________
221	221	75 Signature of Election Official SB 1136 6
222	222	If such notice is returned as undeliverable by the postal 103
223	223	service within the time established by the election 104
224	224	authority, the election authority shall not place the 105
225	225	applicant's name on the voter registration file. 106
226	226	5. If, upon receipt by mail of a voter registration 107
227	227	application or a voter registration application forwarded 108
228	228	pursuant to section 115.160 or 115.162, the election 109
229	229	authority determines that the applicant is not entitled to 110
230	230	register, such authority shall, within seven business days 111
231	231	after receiving the applicatio n, so notify the applicant by 112
232	232	mail and state the reason such authority has determined the 113
233	233	applicant is not qualified. The applicant may file a 114
234	234	complaint with the elections division of the secretary of 115
235	235	state's office under and pursuant to section 115.2 19. If an 116
236	236	applicant for voter registration fails to answer the 117
237	237	question on the application concerning United States 118
238	238	citizenship, the election authority shall notify the 119
239	239	applicant of the failure and provide the applicant with an 120
240	240	opportunity to complet e the form in a timely manner to allow 121
241	241	for the completion of the registration form before the next 122
242	242	election. 123
243	243	6. The secretary of state shall prescribe 124
244	244	specifications for voter registration documents so that they 125
245	245	are uniform throughout the state o f Missouri and comply with 126
246	246	the National Voter Registration Act of 1993, including the 127
247	247	reporting requirements, and so that registrations, name 128
248	248	changes and transfers of registrations within the state may 129
249	249	take place as allowed by law. 130
250	250	7. All voter registration applications shall be 131
251	251	preserved in the office of the election authority. 132 SB 1136 7
252	252	8. A person with disabilities who is otherwise 133
253	253	qualified to vote may complete a voter registration form 134
254	254	with reasonable accommodations, as needed. 135
255	255	115.161. 1. If any person applying to register in 1
256	256	person pursuant to this [subchapter] chapter is unable to 2
257	257	write, the election official shall fill in the registration 3
258	258	cards, and the applicant shall sign by mark, witnessed by 4
259	259	the election official. The election official shall note the 5
260	260	applicant's height in feet and inches, weight, color of eyes 6
261	261	and other distinguishing features under the title "Remarks" 7
262	262	on the registration cards. 8
263	263	2. A person shall not be disqualified from voting due 9
264	264	to: 10
265	265	(1) Signing a voter registration form with a mark 11
266	266	pursuant to subsection 1 of this section; 12
267	267	(2) Completing a voter registration form with the 13
268	268	assistance of another person; or 14
269	269	(3) Completing a voter registration form with 15
270	270	reasonable accommodations pursuant to subsection 8 of 16
271	271	section 115.155. 17
272	272	115.226. Each election authority shall ensure that 1
273	273	each polling place in its jurisdiction has a sufficient 2
274	274	number of voting systems that are accessible for individuals 3
275	275	with disabilities. Such systems shall be used for all 4
276	276	elections, including municipal elections, and shall comply 5
277	277	with the provisions of sections 115.225 to 115.273 as well 6
278	278	as Section 301 of the federal Help America Vote Act, 52 7
279	279	U.S.C.A. Section 21081. 8
280	280	Section B. Section A of this act shall become 1
281	281	effective on January 1, 2025. 2
282	282	