EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1140
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR BRATTIN.
3259S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 115.137, 115.168, 115.225, 115.249, 115.279, 115.287, 115.327, 115.349,
115.351, 115.363, 115.395, 115.397, 115.409, and 115.429, RSMo, and to enact in lieu
thereof fifteen new sections relating to elections, with an effective date for certain
sections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.137, 115.168, 115.225, 115.249, 1
115.279, 115.287, 115.327, 115.349, 115.351, 115.363, 115.395, 2
115.397, 115.409, and 115.429, RSMo, are repealed and fifteen 3
new sections enacted in lieu thereof, to be known as sections 4
115.137, 115.168, 115.225 , 115.249, 115.279, 115.287, 115.327, 5
115.349, 115.351, 115.363, 115.395, 115.397, 115.398, 115.409, 6
and 115.429, to read as follows:7
115.137. 1. Except as provided in subsection 2 of 1
this section, any citizen who is entitled to register and 2
vote shall be entitled to register for and vote pursuant to 3
the provisions of this chapter in all statewide public 4
elections and all public elections held for districts and 5
political subdivisions within which he resides. 6
2. Any person who and only per sons who fulfill the 7
ownership requirements shall be entitled to vote in 8
elections for which ownership of real property is required 9
by law for voting. 10
3. Notwithstanding any other provision of law to the 11
contrary, no person shall be entitled to v ote in a primary 12 SB 1140 2
election of an established political party unless he or she 13
is affiliated with such party, as evidenced by his or her 14
voter registration. 15
115.168. 1. (1) If a registered voter chooses to 1
change his or her politica l party affiliation, the voter may 2
notify the election authority of such change. Any change of 3
political party affiliation shall be made by signed, written 4
notice in substantially the same manner as a change of 5
address application is filed under secti on 115.165. 6
(2) Beginning January 1, 2025, if a registered voter 7
changes his or her political party affiliation within twenty - 8
three weeks of a primary election of an established 9
political party, the voter's change of affiliation shall not 10
be applied by the election authority to his or her voter 11
registration until after such election. A registered voter 12
may only vote in the primary election of the established 13
political party with which he or she was affiliated on the 14
twenty-third Tuesday before such election. 15
(3) Beginning January 1, 2025, notwithstanding any 16
provision of this section to the contrary, any person who 17
was not previously registered to vote in this state who 18
submits a voter registration application by 5:00 p.m. on the 19
fourth Wednesday prior to the primary election of an 20
established political party may choose a political party 21
affiliation or unaffiliation and may vote in such election. 22
(4) Any person who was registered to vote in this 23
state as of January 1, 2025, w ho has not declared a 24
political party affiliation on his or her voter registration 25
shall be considered by the election authority to be 26
unaffiliated with an established political party unless such 27
person chooses to vote in a primary election of an 28
established political party, in which case the election 29 SB 1140 3
authority shall make a notation on such person's voter 30
registration pursuant to section 115.398. 31
2. For purposes of this section, the phrase "change 32
his or her political party affiliation" shall mean changing 33
affiliation from one established political party to another 34
established political party, changing from affiliation with 35
an established political party to unaffiliated, or changing 36
from unaffiliated to affiliation with an established 37
political party. 38
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 an d 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
(4) Provides facilities for each voter to cast 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 presidential election to 21
vote by use of a single mark for the candidates of one party 22 SB 1140 4
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 against 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 system 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, as that term is 45
defined in section 536.010, that is created under the 46
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 a re 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 of rulemaking authority an d 54 SB 1140 5
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 vote - 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. (1) Each election authority that controls its own 68
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 contr ols 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 entity that specializes in cyber 77
security reviews. The secretary of state shall, once every 78
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 specializes 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 SB 1140 6
(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 reporting; 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 application 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 jurisdiction of the 108
election authority or in electronic format. The secretary 109
of state is also authorized to withhold funds from an 110
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. 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 SB 1140 7
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. 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. All audits required by subsection 6 of this section 129
that are conducted by the secretary of state shall be solely 130
paid for by state and federal funding. 131
115.249. No voting machine shal l be used unless it: 1
(1) Permits voting in absolute secrecy; 2
(2) Permits each voter to vote for as many candidates 3
for each office as he is lawfully entitled to vote for, and 4
no other; 5
(3) Permits each voter to vote for or against as ma ny 6
questions as he is lawfully entitled to vote on, and no more; 7
(4) Provides facilities for each voter to cast as many 8
write-in votes for each office as he is lawfully entitled to 9
cast; 10
(5) Permits each voter in a primary election to vote 11
for the candidates of only one party [announced by the voter 12
in advance]; 13
(6) Correctly registers or records and accurately 14
counts all votes cast for each candidate and for and against 15
each question; 16 SB 1140 8
(7) Is provided with a lock or locks whic h prevent any 17
movement of the voting or registering mechanism and any 18
tampering with the mechanism; 19
(8) Is provided with a protective counter or other 20
device whereby any operation of the machine before or after 21
an election will be detected; 22
(9) Is provided with a counter which shows at all 23
times during the election how many people have voted on the 24
machine; 25
(10) Is provided with a proper light which enables 26
each voter, while voting, to clearly see the ballot labels. 27
115.279. 1. Application for an absentee ballot may be 1
made by the applicant in person, or by mail, or for the 2
applicant, in person, by his or her guardian or a relative 3
within the second degree by consanguinity or affinity. The 4
election authority shall accept applications by facsimile 5
transmission and by electronic mail within the limits of its 6
telecommunications capacity. 7
2. Notwithstanding section 115.284, no individual, 8
group, or party shall solicit a voter into obtaining an 9
absentee ballot application. Absentee ballot applications 10
shall not have the information prefilled prior to it being 11
provided to a voter. Nothing in this section shall be 12
interpreted to prohibit a state or local election authority 13
from assisting an individual voter. 14
3. Each application shall be made to the election 15
authority of the jurisdiction in which the person is or 16
would be registered. Each application shall be in writing 17
and shall state the applicant's name, address at which he or 18
she is or would be registered, his or her reason for voting 19
an absentee ballot, the address to which the ballot is to be 20
mailed, if mailing is requested, and for absent uniformed 21 SB 1140 9
services and overseas applicants, the applicant's email 22
address if electronic transmi ssion is requested. If the 23
reason for the applicant voting absentee is due to the 24
reasons established under subdivision (6) of subsection 3 of 25
section 115.277, the applicant shall state the voter's 26
identification information provided by the address 27
confidentiality program in lieu of the applicant's name, 28
address at which he or she is or would be registered, and 29
address to which the ballot is to be mailed, if mailing is 30
requested. [Each application to vote in a primary election 31
shall also state which ballot the applicant wishes to 32
receive. If any application fails to designate a ballot, 33
the election authority shall, within three working days 34
after receiving the application, notify the applicant by 35
mail that it will be unable to deliver an abse ntee ballot 36
until the applicant designates which political party ballot 37
he or she wishes to receive. If the applicant does not 38
respond to the request for political party designation, the 39
election authority is authorized to provide the voter with 40
that part of the ballot for which no political party 41
designation is required. ] 42
4. All applications for absentee ballots received 43
prior to the sixth Tuesday before an election shall be 44
stored at the office of the election authority until such 45
time as the applications are processed in accordance with 46
section 115.281. No application for an absentee ballot 47
received in the office of the election authority by mail, by 48
facsimile transmission, by electronic mail, or by a guardian 49
or relative after 5:00 p .m. on the second Wednesday 50
immediately prior to the election shall be accepted by any 51
election authority. No application for an absentee ballot 52
submitted by the applicant in person after 5:00 p.m. on the 53 SB 1140 10
day before the election shall be accepted by a ny election 54
authority, except as provided in subsections 7, 8, and 9 of 55
this section. 56
5. Each application for an absentee ballot shall be 57
signed by the applicant or, if the application is made by a 58
guardian or relative pursuant to this section, t he 59
application shall be signed by the guardian or relative, who 60
shall note on the application his or her relationship to the 61
applicant. If an applicant, guardian or relative is blind, 62
unable to read or write the English language or physically 63
incapable of signing the application, he or she shall sign 64
by mark, witnessed by the signature of an election official 65
or person of his or her own choosing. Any person who 66
knowingly makes, delivers or mails a fraudulent absentee 67
ballot application shall be g uilty of a class one election 68
offense. 69
6. (1) Notwithstanding any law to the contrary, any 70
resident of the state of Missouri who resides outside the 71
boundaries of the United States or who is on active duty 72
with the Armed Forces of the United Sta tes or members of 73
their immediate family living with them may request an 74
absentee ballot for both the primary and subsequent general 75
election with one application. 76
(2) The election authority shall provide each absent 77
uniformed services voter and each overseas voter who submits 78
a voter registration application or an absentee ballot 79
request, if the election authority rejects the application 80
or request, with the reasons for the rejection. 81
(3) Notwithstanding any other law to the contrary, if 82
a standard oath regarding material misstatements of fact is 83
adopted for uniformed and overseas voters pursuant to the 84
Help America Vote Act of 2002, the election authority shall 85 SB 1140 11
accept such oath for voter registration, absentee ballot, or 86
other election-related materials. 87
(4) Not later than sixty days after the date of each 88
regularly scheduled general election for federal office, 89
each election authority which administered the election 90
shall submit to the secretary of state in a format 91
prescribed by the secretary a report on the combined number 92
of absentee ballots transmitted to, and returned by, absent 93
uniformed services voters and overseas voters for the 94
election. The secretary shall submit to the Election 95
Assistance Commission a combin ed report of such information 96
not later than ninety days after the date of each regularly 97
scheduled general election for federal office and in a 98
standardized format developed by the commission pursuant to 99
the Help America Vote Act of 2002. The secretary shall make 100
the report available to the general public. 101
(5) As used in this section, the terms "absent 102
uniformed services voter" and "overseas voter" shall have 103
the meaning prescribed in 52 U.S.C. Section 20310. 104
7. An application for an ab sentee ballot by a new 105
resident shall be submitted in person by the applicant in 106
the office of the election authority in the election 107
jurisdiction in which such applicant resides. The 108
application shall be received by the election authority no 109
later than 7:00 p.m. on the day of the election. Such 110
application shall be in the form of an affidavit, executed 111
in duplicate in the presence of the election authority or 112
any authorized officer of the election authority, and in 113
substantially the following fo rm: 114
115 "STATE OF _________ SB 1140 12
8. The election authority in whose office an 143
application is filed pursuant to subsection 7 of this 144
section shall immediately send a duplicate of such 145
application to the appropriate official of the state in 146
which the new resident applicant last resided and shall file 147
the original of such application in its office. 148
116 COUNTY OF _________ , ss.
117 I, ______, do solemnly swear that:
118
119
120
121
(1) Before becoming a resident of this state, I
resided at ______ (residence address) in ______
(town, township, village or city) of ______
County in the state of ______;
122
123
124
125
(2) I moved to this state after the last day to
register to vote in such general presidential
election and I am now residing in the county of
______, state of Missouri;
126
127
128
(3) I believe I am entitled pursuant to the laws of
this state to vote i n the presidential election
to be held November ______, ______ (year);
129
130
131
132
(4) I hereby make application for a presidential
and vice presidential ballot. I have not voted
and shall not vote other than by this ballot at
such election.
133 Signed __________________
134 (Applicant)
135 __________________
136
137
(Residence
Address)
138
139
Subscribed and sworn to before me this ______ day
of ______, ______
140 Signed __________________
141
142
(Title and name of officer authorized to
administer oaths)"
SB 1140 13
9. An application for an absentee ballot by an 149
interstate former resident shall be received in the office 150
of the election authority where the applicant was formerly 151
registered by 5:00 p.m. on the second Wednesday immediately 152
prior to the election, unless the application is made in 153
person by the applicant in the office of the election 154
authority, in which case such application shall be made no 155
later than 7:00 p.m. on the day of the election. 156
115.287. 1. Upon receipt of a signed application for 1
an absentee ballot and if satisfied the applicant is 2
entitled to vote by abs entee 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 th e voter an 7
absentee ballot, ballot envelope and such instructions as 8
are necessary for the applicant to vote. For applications 9
for an absentee ballot to vote in a primary election, the 10
election authority shall only deliver to the voter the 11
ballot that corresponds to the established political party 12
with which the voter is affiliated, according to his or her 13
voter registration, or, if the voter is unaffiliated, the 14
unaffiliated ballot. Delivery shall be made to the voter 15
personally in the office of the election authority or by 16
bipartisan teams appointed by the election authority, or by 17
first class, registered, or certified mail at the discretion 18
of the election authority, or in the case of a covered voter 19
as defined in section 115.902, the metho d of transmission 20
prescribed in section 115.914. Where the election authority 21
is a county clerk, the members of bipartisan teams 22
representing the political party other than that of county 23
clerk shall be selected from a list of persons submitted to 24 SB 1140 14
the county clerk by the county chairman of that party. If 25
no list is provided by the time that absentee ballots are to 26
be made available, the county clerk may select a person or 27
persons from lists provided in accordance with section 28
115.087. If the election authority is not satisfied that 29
any applicant is entitled to vote by absentee ballot, it 30
shall not deliver an absentee ballot to the applicant. 31
Within three working days of receiving such an application, 32
the election authority shall notify the a pplicant and state 33
the reason he or she is not entitled to vote by absentee 34
ballot. The applicant may file a complaint with the 35
elections division of the secretary of state's office under 36
and pursuant to section 115.219. 37
2. If, after 5:00 p.m. o n the second Wednesday before 38
an election, any voter from the jurisdiction has become 39
hospitalized, becomes confined due to illness or injury, or 40
is confined in an intermediate care facility, residential 41
care facility, or skilled nursing facility on el ection day, 42
as such terms are defined in section 198.006, in the county 43
in which the jurisdiction is located or in the jurisdiction 44
of an adjacent election authority within the same county, 45
the election authority shall appoint a team to deliver, 46
witness the signing of and return the voter's application 47
and deliver, witness the voting of and return the voter's 48
absentee ballot. If the election authority receives ten or 49
more applications for absentee ballots from the same address 50
it shall appoint a t eam to deliver and witness the voting 51
and return of absentee ballots by voters residing at that 52
address, except when such addresses are for an apartment 53
building or other structure wherein individual living units 54
are located, each of which has its own separate cooking 55
facilities. Each team appointed pursuant to this subsection 56 SB 1140 15
shall consist of two registered voters, one from each major 57
political party. Both members of any team appointed 58
pursuant to this subsection shall be present during the 59
delivery, signing or voting and return of any application or 60
absentee ballot signed or voted pursuant to this subsection. 61
3. On the mailing and ballot envelopes for each 62
covered voter, the election authority shall stamp 63
prominently in black the words "FEDERAL BALLOT, STATE OF 64
MISSOURI" and "U.S. Postage Paid, 39 U.S.C. Section 3406". 65
4. No information which encourages a vote for or 66
against a candidate or issue shall be provided to any voter 67
with an absentee ballot. 68
115.327. 1. When submitted for filing, each petition 1
for the nomination of an independent candidate or for the 2
formation of a new political party shall be accompanied by a 3
declaration of candidacy for each candidate to be nominated 4
by the petition or by the p arty, respectively. The party's 5
duly authorized chairman and treasurer shall also submit a 6
certified complete list of the names and addresses of all 7
their candidates and the office for which each seeks. The 8
party shall nominate its candidates in the manner prescribed 9
in the party's bylaws. If presidential electors are to be 10
nominated, at least one qualified resident of each 11
congressional district shall be named as a nominee for 12
presidential elector. The number of candidates to be 13
nominated shall equal the number of electors to which the 14
state is entitled. Each declaration of candidacy for the 15
office of presidential elector shall be in the form provided 16
in section 115.399. Each declaration of candidacy for an 17
office other than presidential elector shall state the 18
candidate's full name, residence address, office for which 19
he proposes to be a candidate, the party, if any, upon whose 20 SB 1140 16
ticket he is to be a candidate and that if nominated and 21
elected he will qualify. Each such declaration sha ll be in 22
substantially the following form: 23
Each such declaration shall be su bscribed and sworn to by 44
the candidate before the election official accepting the 45
candidate's petition, a notary public or other officer 46
authorized by law to administer oaths. 47
2. Any person who files a declaration of candidacy as 48
an independent candidate or as the candidate of a new 49
political party for election to an office shall be 50
unaffiliated with any established political party, as 51
24
25
26
27
28
29
30
31
32
33
I, ______, a resident and registered voter of the
______ precinct of the town of ______ or the ______
precinct of the ______ ward of the city of ______, or
the ______ precinct of ______ township of the county
of ______ and the state of Missouri, do announce
myself a candidate for the office of ______ on the
______ ticket, to be voted for at the general
(special) election to be held on the ______ day of
______, 20______, and I further declare that if
nominated and elected I will qualify.
34 __________________ Subscribed and sworn
35
36
Signature of
candidate
to before me this
37 ______ day of
38 ______, 20______
39 __________________ __________________
40 Residence address Signature of election
41 official or officer
42 authorized to
43 administer oaths SB 1140 17
evidenced by his or her voter registration, no later than 52
the twenty-third Tuesday prior to the last Tuesday in 53
February immediately preceding the primary election. 54
115.349. 1. Except as otherwise provided in sections 1
115.361 to 115.383, no candidate's name shall be printed on 2
any official primary ballot unless the candidate has filed a 3
written declaration of candidacy in the office of the 4
appropriate election official by 5:00 p.m. on the last 5
Tuesday in March immediately preceding the primary election. 6
2. No declaration of candidacy for nomination in a 7
primary election shall be accepted for filing prior to 8:00 8
a.m. on the last Tuesday in February immediately preceding 9
the primary election. 10
3. Each declaration of candidacy for nomination in a 11
primary election shall state the candidate's full name, 12
residence address, of fice for which such candidate proposes 13
to be a candidate, the party ticket on which he or she 14
wishes to be a candidate and that if nominated and elected 15
he or she will qualify. The declaration shall be in 16
substantially the following form: 17
18
19
20
21
22
23
24
25
I, ______, a resident and registered voter of the
county of ______ and the state of Missouri,
residing at ______, do announce myself a candidate
for the office of ______ on the ______ party
ticket, to be voted for at the primary election to
be held on the ______ day of ______, ______, and I
further declare that if nominated and elected to
such office I will qualify.
26
27
28
29
______________________
Signature of candidate
Subscribed and sworn to
before me this ______
day of ______, ______
30
31
32
______________________
Residence address
______________________
Signature of election
official or other
SB 1140 18
If the declaration is to be filed in person, it shall be 42
subscribed and sworn to by the cand idate before an official 43
authorized to accept his or her declaration of candidacy. 44
If the declaration is to be filed by certified mail pursuant 45
to the provisions of subsection 2 of section 115.355, it 46
shall be subscribed and sworn to by the candidate before a 47
notary public or other officer authorized by law to 48
administer oaths. 49
4. Any person who files a declaration of candidacy as 50
a party candidate for nomination or election to an office 51
shall be affiliated with that political party, as evide nced 52
by his or her voter registration, no later than the twenty - 53
third Tuesday prior to the last Tuesday in February 54
immediately preceding the primary election. 55
115.351. [No person who files as a party candidate for 1
nomination or election to an office shall, without 2
withdrawing, file as another party's candidate or an 3
independent candidate for nomination or election to the 4
office for the same term. No person who files as an 5
independent candidate for election to an office shall, 6
without withdrawing, file as a party candidate for 7
nomination or election to the office for the same term. ] No 8
33
34
officer authorized to
administer oaths
35
36
______________________
37
38
Mailing address (if
different)
39
40
41
______________________
Telephone Number
(Optional)
SB 1140 19
person shall file for one office and, without withdrawing, 9
file for another office to be filled at the same election. 10
Receipt by the secretary of state of proper certification of 11
nomination pursuant to subsection 1 of section 115.399 12
constitutes withdrawal by operation of law pursuant to 13
subsection 1 of section 115.359 of any presidential or vice 14
presidential nominee from any other offi ce for which such 15
nominee is a candidate at the same election. Any person 16
violating any provision of this section shall be 17
disqualified from running for nomination or election to any 18
office at the primary and general election next succeeding 19
the violation. 20
115.363. 1. Except as provided in section 115.361, a 1
party nominating committee of a political party may select a 2
party candidate for nomination to an office on the primary 3
election ballot in the following cases: 4
(1) If there are no candidates for nomination as the 5
party candidate due to death of all the party's candidates 6
after 5:00 p.m. on the last day in which a person may file 7
as a candidate for nomination and at or before 5:00 p.m. on 8
the tenth Tuesday prior to the primary election; 9
(2) If there are no candidates for nomination as the 10
party candidate due to withdrawal after 5:00 p.m. on the 11
last day in which a person may file as a candidate for 12
nomination and at or before 5:00 p.m. on whatever day may be 13
fixed by law as the final date for withdrawing as a 14
candidate for the office; 15
(3) If there are no candidates for nomination as the 16
party candidate due to death or disqualification of all 17
candidates within seven days prior to the filing deadline 18
and if no person has filed for the party nomination within 19
that time; 20 SB 1140 20
(4) If there are no candidates for nomination as the 21
party candidate due to disqualification of all party 22
candidates after 5:00 p.m. on the last day on which a person 23
may file as a candidate for nomination, and at or before 24
5:00 p.m. on the tenth Tuesday prior to the primary 25
election; or 26
(5) If a candidate for the position of political party 27
committeeman or committeewoman dies or withdraws as provided 28
in subsection 1 or 2 of section 115.359 after the tenth 29
Tuesday prior to the primary election, leaving no candidate. 30
2. Any established political party may select a 31
candidate for nomination, if a candidate who is the 32
incumbent or only candidate dies, is disqualif ied or 33
withdraws pursuant to subsection 1 or 2 of section 115.359 34
after 5:00 p.m. on the tenth Tuesday prior to the primary 35
election, and at or before 5:00 p.m. on whatever day is 36
fixed by law as the final date for withdrawing as a 37
candidate for the office. 38
3. A party nominating committee may select a party 39
candidate for election to an office on the general election 40
ballot in the following cases: 41
(1) If the person nominated as the party candidate 42
shall die at or before 5:00 p.m. on the t enth Tuesday prior 43
to the general election; 44
(2) If the person nominated as the party candidate is 45
disqualified at or before 5:00 p.m. on the tenth Tuesday 46
prior to the general election; 47
(3) If the person nominated as the party candidate 48
shall withdraw at or before 5:00 p.m. on whatever day may be 49
fixed by law as the final date for withdrawing as a 50
candidate for the office; 51 SB 1140 21
(4) If a candidate for nomination to an office in 52
which the person is the party's only candidate dies after 53
5:00 p.m. on the tenth Tuesday prior to any primary 54
election, withdraws as provided in subsection 1 of section 55
115.359 after 5:00 p.m. on the tenth Tuesday prior to any 56
primary election, or is disqualified after 5:00 p.m. on the 57
tenth Tuesday before any primary election. 58
4. If a person nominated as a party's candidate who is 59
unopposed shall die at or before 5:00 p.m. on the tenth 60
Tuesday prior to the general election, is disqualified at or 61
before 5:00 p.m. on the tenth Tuesday prior to the genera l 62
election, or shall withdraw at or before 5:00 p.m. on 63
whatever day may be fixed by law as the final date for 64
withdrawing as a candidate for the office, the party 65
nominating committee for any established political party may 66
select a party candidate. 67
5. A party nominating committee may select a party 68
candidate for election to an office in the following cases: 69
(1) For an election called to fill a vacancy in an 70
office; 71
(2) For an election held pursuant to the provisions of 72
section 105.030 to fill an unexpired term resulting from a 73
vacancy in an office that occurs within fourteen days prior 74
to the filing deadline for the primary election and not 75
later than the tenth Tuesday prior to the general election. 76
If such vacancy occurs pri or to the fourteenth day before 77
the filing deadline for a primary election, filing for the 78
office shall be as provided for in sections 115.307 to 79
115.359. 80
6. Any party candidate selected by a party nominating 81
committee pursuant to this section sh all be affiliated with 82 SB 1140 22
the political party of the committee, as evidenced by his or 83
her voter registration. 84
115.395. 1. At each primary election, there shall be 1
as many separate ballots as there are established political 2
parties entitled to participate in the election. 3
Additionally, there shall be a separate ballot for 4
unaffiliated voters which shall contain only ballot measures 5
and nonpartisan candidates submitted by political 6
subdivisions and special districts. 7
2. The names of the candidates for each office on each 8
party ballot shall be listed in the order in which they are 9
filed, except that, in the case of candidates who file a 10
declaration of candidacy with the secretary of state prior 11
to 5:00 p.m. on the first day for filing, the secretary of 12
state shall determine by random drawing the order in which 13
such candidates' names shall appear on the ballot. The 14
drawing shall be conducted so that each candidate, or 15
candidate's representative if the candidate filed und er 16
subsection 2 of section 115.355, may draw a number at random 17
at the time of filing. The secretary of state shall record 18
the number drawn with the candidate's declaration of 19
candidacy. The names of candidates filing on the first day 20
for filing for each office on each party ballot shall be 21
listed in ascending order of the numbers so drawn. For the 22
purposes of this subsection, the election authority 23
responsible for oversight of the filing of candidates, other 24
than candidates that file with the s ecretary of state, shall 25
clearly designate where candidates, or a candidate's 26
representative if the candidate filed under subsection 2 of 27
section 115.355, shall form a line to effectuate such 28
filings and determine the order of such filings; except 29
that, in the case of candidates who file a declaration of 30 SB 1140 23
candidacy with the election authority prior to 5:00 p.m. on 31
the first day for filing, the election authority may 32
determine by random drawing the order in which such 33
candidates' names shall appear o n the ballot. If a drawing 34
is conducted pursuant to this subsection, it shall be 35
conducted so that each candidate, or candidate's 36
representative if the candidate filed under subsection 2 of 37
section 115.355, may draw a number at random at the time of 38
filing. If such drawing is conducted, the election 39
authority shall record the number drawn with the candidate's 40
declaration of candidacy. If such drawing is conducted, the 41
names of candidates filing on the first day for filing for 42
each office on each party ballot shall be listed in 43
ascending order of the numbers so drawn. 44
3. Insofar as applicable, the provisions of sections 45
115.237 and 115.245 shall apply to each ballot prepared for 46
a primary election, except that the ballot information may 47
be placed in vertical or horizontal rows, no circle shall 48
appear under any party name and no write -in lines shall 49
appear under the name of any office for which a candidate is 50
to be nominated at the primary. At a primary election, 51
write-in votes shall be counted only for persons who can be 52
elected to an office at the primary. 53
115.397. 1. In each primary election, each voter 1
shall be entitled to receive the ballot of [one and only 2
one] the established political party[, designated by the 3
voter before receiving his ballot ] with which such voter is 4
affiliated, as evidenced by his or her voter registration. 5
Any voter who has chosen to be unaffiliated shall only be 6
permitted to cast an unaffiliated ballot . 7
2. Each voter who participates in a party primary 8
shall be entitled to vote on all questions and for any 9 SB 1140 24
nonpartisan candidates submitted by political subdivisions 10
and special districts at the primary election. Each voter 11
who does not wish to participate in a party prim ary may vote 12
on all questions and for any nonpartisan candidates 13
submitted by a political subdivision or special district at 14
the primary election. 15
115.398. 1. For any person who was registered to vote 1
in this state as of January 1, 2025, if such person 2
thereafter casts a ballot on the primary election day held 3
on the first Tuesday after the first Monday in August 2026, 4
such person may pick any ballot and the election authority 5
shall note the ballot designated and cast by such pe rson and 6
make a notation on the person's voter registration as 7
follows: 8
(1) If the person participates in a party primary by 9
designating the ballot of an established political party, 10
then the election authority shall make a notation on the 11
person's voter registration to reflect that he or she is 12
affiliated with such party; 13
(2) If the person participates in the nonpartisan 14
primary by designating the unaffiliated ballot with only 15
questions and nonpartisan candidates, then the election 16
authority shall make a notation on the person's voter 17
registration to reflect that he or she is unaffiliated. 18
2. For any person who casts a ballot on the primary 19
election day held on the first Tuesday after the first 20
Monday in August 2026, the notati on made by the election 21
authority pursuant to subsection 1 of this section at the 22
last primary election at which the person casts a ballot 23
shall dictate such person's political party affiliation or 24
unaffiliation for all primary elections held after Sep tember 25
1, 2026. 26 SB 1140 25
115.409. Except election authority personnel, election 1
judges, watchers and challengers appointed pursuant to 2
section 115.105 or 115.107, law enforcement officials at the 3
request of election officials or in the line of duty, minor 4
children under the age of eighteen accompanying an adult who 5
is in the process of voting, international observers who 6
have registered as such with the election authority, persons 7
designated by the election authority to administer a 8
simulated youth election for persons ineligible to vote 9
because of their age, members of the news media who present 10
identification satisfactory to the election judges and who 11
are present only for the purpose of bona fide news coverage 12
except as provided in subdivision (18) of section 115.637, 13
provided that such coverage does not disclose how any voter 14
cast the voter's ballot on any question or candidate [or in 15
the case of a primary election on which party ballot they 16
voted] or does not interfere with th e general conduct of the 17
election as determined by the election judges or election 18
authority, and registered voters who are eligible to vote at 19
the polling place, no person shall be admitted to a polling 20
place. 21
115.429. 1. The election judges shall not permit any 1
person to vote unless satisfied that such person is the 2
person whose name appears on the precinct register. 3
2. The identity or qualifications of any person 4
offering to vote may be challenged by any election authori ty 5
personnel, any registered voter, or any duly authorized 6
challenger at the polling place. No person whose right to 7
vote is challenged shall receive a ballot until his or her 8
identity and qualifications have been established. 9
3. Any question of doubt concerning the identity or 10
qualifications of a voter shall be decided by a majority of 11 SB 1140 26
the judges from the major political parties. If such 12
election judges decide not to permit a person to vote 13
because of doubt as to his or her identity or 14
qualifications, the person may apply to the election 15
authority as provided in section 115.193 or file a complaint 16
with the elections division of the secretary of state's 17
office under and pursuant to section 115.219. 18
4. If the election judges cannot r each a decision on 19
the identity or qualifications of any person, the question 20
shall be decided by the election authority. 21
5. The election judges or the election authority may 22
require any person whose right to vote is challenged to 23
execute an affidavit affirming his or her qualifications. 24
The election authority shall furnish to the election judges 25
a sufficient number of blank affidavits of qualification, 26
and the election judges shall enter any appropriate 27
information or comments under the titl e "Remarks" which 28
shall appear at the bottom of the affidavit. All executed 29
affidavits of qualification shall be returned to the 30
election authority with the other election supplies. Any 31
person who makes a false affidavit of qualification shall be 32
guilty of a class one election offense. 33
6. In the case of any primary election, the election 34
judges shall determine whether the voter's political party 35
affiliation is the same as the political party holding the 36
primary election. 37
Section B. Section A of this act shall be effective 1
January 1, 2025. 2