Missouri 2024 Regular Session

Missouri Senate Bill SB1140 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. 1140
6	6	102ND GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR BRATTIN.
8	8	3259S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 115.137, 115.168, 115.225, 115.249, 115.279, 115.287, 115.327, 115.349,
11	11	115.351, 115.363, 115.395, 115.397, 115.409, and 115.429, RSMo, and to enact in lieu
12	12	thereof fifteen new sections relating to elections, with an effective date for certain
13	13	sections.
14	14
15	15	Be it enacted by the General Assembly of the State of Missouri, as follows:
16	16	Section A. Sections 115.137, 115.168, 115.225, 115.249, 1
17	17	115.279, 115.287, 115.327, 115.349, 115.351, 115.363, 115.395, 2
18	18	115.397, 115.409, and 115.429, RSMo, are repealed and fifteen 3
19	19	new sections enacted in lieu thereof, to be known as sections 4
20	20	115.137, 115.168, 115.225 , 115.249, 115.279, 115.287, 115.327, 5
21	21	115.349, 115.351, 115.363, 115.395, 115.397, 115.398, 115.409, 6
22	22	and 115.429, to read as follows:7
23	23	115.137. 1. Except as provided in subsection 2 of 1
24	24	this section, any citizen who is entitled to register and 2
25	25	vote shall be entitled to register for and vote pursuant to 3
26	26	the provisions of this chapter in all statewide public 4
27	27	elections and all public elections held for districts and 5
28	28	political subdivisions within which he resides. 6
29	29	2. Any person who and only per sons who fulfill the 7
30	30	ownership requirements shall be entitled to vote in 8
31	31	elections for which ownership of real property is required 9
32	32	by law for voting. 10
33	33	3. Notwithstanding any other provision of law to the 11
34	34	contrary, no person shall be entitled to v ote in a primary 12 SB 1140 2
35	35	election of an established political party unless he or she 13
36	36	is affiliated with such party, as evidenced by his or her 14
37	37	voter registration. 15
38	38	115.168. 1. (1) If a registered voter chooses to 1
39	39	change his or her politica l party affiliation, the voter may 2
40	40	notify the election authority of such change. Any change of 3
41	41	political party affiliation shall be made by signed, written 4
42	42	notice in substantially the same manner as a change of 5
43	43	address application is filed under secti on 115.165. 6
44	44	(2) Beginning January 1, 2025, if a registered voter 7
45	45	changes his or her political party affiliation within twenty - 8
46	46	three weeks of a primary election of an established 9
47	47	political party, the voter's change of affiliation shall not 10
48	48	be applied by the election authority to his or her voter 11
49	49	registration until after such election. A registered voter 12
50	50	may only vote in the primary election of the established 13
51	51	political party with which he or she was affiliated on the 14
52	52	twenty-third Tuesday before such election. 15
53	53	(3) Beginning January 1, 2025, notwithstanding any 16
54	54	provision of this section to the contrary, any person who 17
55	55	was not previously registered to vote in this state who 18
56	56	submits a voter registration application by 5:00 p.m. on the 19
57	57	fourth Wednesday prior to the primary election of an 20
58	58	established political party may choose a political party 21
59	59	affiliation or unaffiliation and may vote in such election. 22
60	60	(4) Any person who was registered to vote in this 23
61	61	state as of January 1, 2025, w ho has not declared a 24
62	62	political party affiliation on his or her voter registration 25
63	63	shall be considered by the election authority to be 26
64	64	unaffiliated with an established political party unless such 27
65	65	person chooses to vote in a primary election of an 28
66	66	established political party, in which case the election 29 SB 1140 3
67	67	authority shall make a notation on such person's voter 30
68	68	registration pursuant to section 115.398. 31
69	69	2. For purposes of this section, the phrase "change 32
70	70	his or her political party affiliation" shall mean changing 33
71	71	affiliation from one established political party to another 34
72	72	established political party, changing from affiliation with 35
73	73	an established political party to unaffiliated, or changing 36
74	74	from unaffiliated to affiliation with an established 37
75	75	political party. 38
76	76	115.225. 1. Before use by election authorities in 1
77	77	this state, the secretary of state shall approve the marking 2
78	78	devices and the automatic tabulating equipment used in 3
79	79	electronic voting systems and may promulgate rules an d 4
80	80	regulations to implement the intent of sections 115.225 to 5
81	81	115.235. 6
82	82	2. No electronic voting system shall be approved 7
83	83	unless it: 8
84	84	(1) Permits voting in absolute secrecy; 9
85	85	(2) Permits each voter to vote for as many candidates 10
86	86	for each office as a voter is lawfully entitled to vote for; 11
87	87	(3) Permits each voter to vote for or against as many 12
88	88	questions as a voter is lawfully entitled to vote on, and no 13
89	89	more; 14
90	90	(4) Provides facilities for each voter to cast as many 15
91	91	write-in votes for each office as a voter is lawfully 16
92	92	entitled to cast; 17
93	93	(5) Permits each voter in a primary election to vote 18
94	94	for the candidates of only one party [announced by the voter 19
95	95	in advance]; 20
96	96	(6) Permits each voter at a presidential election to 21
97	97	vote by use of a single mark for the candidates of one party 22 SB 1140 4
98	98	or group of petitioners for president, vice president and 23
99	99	their presidential electors; 24
100	100	(7) Accurately counts all proper votes cast for each 25
101	101	candidate and for and against each question; 26
102	102	(8) Is set to reject all votes, except write -in votes, 27
103	103	for any office and on any question when the number of votes 28
104	104	exceeds the number a voter is lawfully entitled to cast; 29
105	105	(9) Permits each voter, while voting, to clearly see 30
106	106	the ballot label; 31
107	107	(10) Has been tested and is certified by an 32
108	108	independent authority that meets the voting system standards 33
109	109	developed by the Federal Election Commission or its 34
110	110	successor agency. The provisions of this subdivision shall 35
111	111	not be required for any system purchased prior to August 28, 36
112	112	2002. 37
113	113	3. The secretary of state shall promulgate rules and 38
114	114	regulations to allow the use of a computerized voting 39
115	115	system. The procedures shall provide for the use of a 40
116	116	computerized voting system with the ability to provide a 41
117	117	paper audit trail. Notwithstanding any provisions of this 42
118	118	chapter to the contrary, such a system may allow for the 43
119	119	storage of processed ballot materials in an electronic form. 44
120	120	4. Any rule or portion of a rule, as that term is 45
121	121	defined in section 536.010, that is created under the 46
122	122	authority delegated in this section shall become effective 47
123	123	only if it complies with and is subject to all of the 48
124	124	provisions of chapter 536 and, if applicable, section 49
125	125	536.028. This section and chapter 536 a re nonseverable and 50
126	126	if any of the powers vested with the general assembly 51
127	127	pursuant to chapter 536 to review, to delay the effective 52
128	128	date or to disapprove and annul a rule are subsequently held 53
129	129	unconstitutional, then the grant of rulemaking authority an d 54 SB 1140 5
130	130	any rule proposed or adopted after August 28, 2002, shall be 55
131	131	invalid and void. 56
132	132	5. If any election authority uses any touchscreen 57
133	133	direct-recording electronic vote -counting machine, the 58
134	134	election authority may continue to use such machine. Upon 59
135	135	the removal of such voting machine from the election 60
136	136	authority's inventory because of mechanical malfunction, 61
137	137	wear and tear, or any other reason, the machine shall not be 62
138	138	replaced and no additional direct -recording electronic vote - 63
139	139	counting machine shall be added to the election authority's 64
140	140	inventory. Such machines shall not be used beginning 65
141	141	January 1, 2024. Equipment that is designed for 66
142	142	accessibility shall provide a paper ballot audit trail. 67
143	143	6. (1) Each election authority that controls its own 68
144	144	information technology department shall, once every two 69
145	145	years, allow a cyber security review of their office by the 70
146	146	secretary of state or alternatively by an entity that 71
147	147	specializes in cyber security reviews. Each political 72
148	148	subdivision that contr ols the information technology 73
149	149	department for an election authority shall, once every two 74
150	150	years, allow a cyber security review of the information 75
151	151	technology department by the secretary of state or 76
152	152	alternatively by an entity that specializes in cyber 77
153	153	security reviews. The secretary of state shall, once every 78
154	154	two years, allow a cyber security review of its office by an 79
155	155	entity that specializes in cyber security reviews. For 80
156	156	purposes of this section, an entity specializes in cyber 81
157	157	security review if it employs one or more individuals who: 82
158	158	(a) Have at least five years management experience in 83
159	159	information security or five years' experience as an 84
160	160	information security analyst; 85 SB 1140 6
161	161	(b) Have worked in at least two of the domains listed 86
162	162	in paragraph (c) of this subdivision that are covered in the 87
163	163	exam required by such paragraph; and 88
164	164	(c) Have attained an information security 89
165	165	certification by passing an exam that covers at least three 90
166	166	of the following topics: 91
167	167	a. Information technology risk management, 92
168	168	identification, mitigation, and compliance; 93
169	169	b. Information security incident management; 94
170	170	c. Information security program development and 95
171	171	management; 96
172	172	d. Risk and control monitoring and reporting; 97
173	173	e. Access control systems and methodology; 98
174	174	f. Business continuity planning and disaster recovery 99
175	175	planning; 100
176	176	g. Physical security of election authority property; 101
177	177	h. Networking security; or 102
178	178	i. Security architecture application and systems 103
179	179	development. 104
180	180	(2) If an election authority or political subdivision 105
181	181	fails to have a cyber security review as required by this 106
182	182	subsection, the secretary of state may publish a notice of 107
183	183	noncompliance in a newspaper within the jurisdiction of the 108
184	184	election authority or in electronic format. The secretary 109
185	185	of state is also authorized to withhold funds from an 110
186	186	election authority in violation of this section unless such 111
187	187	funding is a federal mandate or part of a federal and state 112
188	188	agreement. 113
189	189	7. The secretary of state shall have authority to 114
190	190	require cyber security testing, including penetration 115
191	191	testing, of vendor machines, programs, and systems. Failure 116
192	192	to participate in such testing shall result in a revocation 117 SB 1140 7
193	193	of vendor certification. Upon notice from another 118
194	194	jurisdiction of cyber security failures or certification 119
195	195	withholds or revocation, the secretary of state shall have 120
196	196	authority to revoke or withhold certification for vendors. 121
197	197	The requirements of this section shall be subject to 122
198	198	appropriation for the purpose of cyber security testing. 123
199	199	8. The secretary of state may designate an 124
200	200	organization of which each election authority shall be a 125
201	201	member, provided there is no membership fee and the 126
202	202	organization provides information to increase cyber security 127
203	203	and election integrity efforts. 128
204	204	9. All audits required by subsection 6 of this section 129
205	205	that are conducted by the secretary of state shall be solely 130
206	206	paid for by state and federal funding. 131
207	207	115.249. No voting machine shal l be used unless it: 1
208	208	(1) Permits voting in absolute secrecy; 2
209	209	(2) Permits each voter to vote for as many candidates 3
210	210	for each office as he is lawfully entitled to vote for, and 4
211	211	no other; 5
212	212	(3) Permits each voter to vote for or against as ma ny 6
213	213	questions as he is lawfully entitled to vote on, and no more; 7
214	214	(4) Provides facilities for each voter to cast as many 8
215	215	write-in votes for each office as he is lawfully entitled to 9
216	216	cast; 10
217	217	(5) Permits each voter in a primary election to vote 11
218	218	for the candidates of only one party [announced by the voter 12
219	219	in advance]; 13
220	220	(6) Correctly registers or records and accurately 14
221	221	counts all votes cast for each candidate and for and against 15
222	222	each question; 16 SB 1140 8
223	223	(7) Is provided with a lock or locks whic h prevent any 17
224	224	movement of the voting or registering mechanism and any 18
225	225	tampering with the mechanism; 19
226	226	(8) Is provided with a protective counter or other 20
227	227	device whereby any operation of the machine before or after 21
228	228	an election will be detected; 22
229	229	(9) Is provided with a counter which shows at all 23
230	230	times during the election how many people have voted on the 24
231	231	machine; 25
232	232	(10) Is provided with a proper light which enables 26
233	233	each voter, while voting, to clearly see the ballot labels. 27
234	234	115.279. 1. Application for an absentee ballot may be 1
235	235	made by the applicant in person, or by mail, or for the 2
236	236	applicant, in person, by his or her guardian or a relative 3
237	237	within the second degree by consanguinity or affinity. The 4
238	238	election authority shall accept applications by facsimile 5
239	239	transmission and by electronic mail within the limits of its 6
240	240	telecommunications capacity. 7
241	241	2. Notwithstanding section 115.284, no individual, 8
242	242	group, or party shall solicit a voter into obtaining an 9
243	243	absentee ballot application. Absentee ballot applications 10
244	244	shall not have the information prefilled prior to it being 11
245	245	provided to a voter. Nothing in this section shall be 12
246	246	interpreted to prohibit a state or local election authority 13
247	247	from assisting an individual voter. 14
248	248	3. Each application shall be made to the election 15
249	249	authority of the jurisdiction in which the person is or 16
250	250	would be registered. Each application shall be in writing 17
251	251	and shall state the applicant's name, address at which he or 18
252	252	she is or would be registered, his or her reason for voting 19
253	253	an absentee ballot, the address to which the ballot is to be 20
254	254	mailed, if mailing is requested, and for absent uniformed 21 SB 1140 9
255	255	services and overseas applicants, the applicant's email 22
256	256	address if electronic transmi ssion is requested. If the 23
257	257	reason for the applicant voting absentee is due to the 24
258	258	reasons established under subdivision (6) of subsection 3 of 25
259	259	section 115.277, the applicant shall state the voter's 26
260	260	identification information provided by the address 27
261	261	confidentiality program in lieu of the applicant's name, 28
262	262	address at which he or she is or would be registered, and 29
263	263	address to which the ballot is to be mailed, if mailing is 30
264	264	requested. [Each application to vote in a primary election 31
265	265	shall also state which ballot the applicant wishes to 32
266	266	receive. If any application fails to designate a ballot, 33
267	267	the election authority shall, within three working days 34
268	268	after receiving the application, notify the applicant by 35
269	269	mail that it will be unable to deliver an abse ntee ballot 36
270	270	until the applicant designates which political party ballot 37
271	271	he or she wishes to receive. If the applicant does not 38
272	272	respond to the request for political party designation, the 39
273	273	election authority is authorized to provide the voter with 40
274	274	that part of the ballot for which no political party 41
275	275	designation is required. ] 42
276	276	4. All applications for absentee ballots received 43
277	277	prior to the sixth Tuesday before an election shall be 44
278	278	stored at the office of the election authority until such 45
279	279	time as the applications are processed in accordance with 46
280	280	section 115.281. No application for an absentee ballot 47
281	281	received in the office of the election authority by mail, by 48
282	282	facsimile transmission, by electronic mail, or by a guardian 49
283	283	or relative after 5:00 p .m. on the second Wednesday 50
284	284	immediately prior to the election shall be accepted by any 51
285	285	election authority. No application for an absentee ballot 52
286	286	submitted by the applicant in person after 5:00 p.m. on the 53 SB 1140 10
287	287	day before the election shall be accepted by a ny election 54
288	288	authority, except as provided in subsections 7, 8, and 9 of 55
289	289	this section. 56
290	290	5. Each application for an absentee ballot shall be 57
291	291	signed by the applicant or, if the application is made by a 58
292	292	guardian or relative pursuant to this section, t he 59
293	293	application shall be signed by the guardian or relative, who 60
294	294	shall note on the application his or her relationship to the 61
295	295	applicant. If an applicant, guardian or relative is blind, 62
296	296	unable to read or write the English language or physically 63
297	297	incapable of signing the application, he or she shall sign 64
298	298	by mark, witnessed by the signature of an election official 65
299	299	or person of his or her own choosing. Any person who 66
300	300	knowingly makes, delivers or mails a fraudulent absentee 67
301	301	ballot application shall be g uilty of a class one election 68
302	302	offense. 69
303	303	6. (1) Notwithstanding any law to the contrary, any 70
304	304	resident of the state of Missouri who resides outside the 71
305	305	boundaries of the United States or who is on active duty 72
306	306	with the Armed Forces of the United Sta tes or members of 73
307	307	their immediate family living with them may request an 74
308	308	absentee ballot for both the primary and subsequent general 75
309	309	election with one application. 76
310	310	(2) The election authority shall provide each absent 77
311	311	uniformed services voter and each overseas voter who submits 78
312	312	a voter registration application or an absentee ballot 79
313	313	request, if the election authority rejects the application 80
314	314	or request, with the reasons for the rejection. 81
315	315	(3) Notwithstanding any other law to the contrary, if 82
316	316	a standard oath regarding material misstatements of fact is 83
317	317	adopted for uniformed and overseas voters pursuant to the 84
318	318	Help America Vote Act of 2002, the election authority shall 85 SB 1140 11
319	319	accept such oath for voter registration, absentee ballot, or 86
320	320	other election-related materials. 87
321	321	(4) Not later than sixty days after the date of each 88
322	322	regularly scheduled general election for federal office, 89
323	323	each election authority which administered the election 90
324	324	shall submit to the secretary of state in a format 91
325	325	prescribed by the secretary a report on the combined number 92
326	326	of absentee ballots transmitted to, and returned by, absent 93
327	327	uniformed services voters and overseas voters for the 94
328	328	election. The secretary shall submit to the Election 95
329	329	Assistance Commission a combin ed report of such information 96
330	330	not later than ninety days after the date of each regularly 97
331	331	scheduled general election for federal office and in a 98
332	332	standardized format developed by the commission pursuant to 99
333	333	the Help America Vote Act of 2002. The secretary shall make 100
334	334	the report available to the general public. 101
335	335	(5) As used in this section, the terms "absent 102
336	336	uniformed services voter" and "overseas voter" shall have 103
337	337	the meaning prescribed in 52 U.S.C. Section 20310. 104
338	338	7. An application for an ab sentee ballot by a new 105
339	339	resident shall be submitted in person by the applicant in 106
340	340	the office of the election authority in the election 107
341	341	jurisdiction in which such applicant resides. The 108
342	342	application shall be received by the election authority no 109
343	343	later than 7:00 p.m. on the day of the election. Such 110
344	344	application shall be in the form of an affidavit, executed 111
345	345	in duplicate in the presence of the election authority or 112
346	346	any authorized officer of the election authority, and in 113
347	347	substantially the following fo rm: 114
348	348	115 "STATE OF _________ SB 1140 12
349	349	8. The election authority in whose office an 143
350	350	application is filed pursuant to subsection 7 of this 144
351	351	section shall immediately send a duplicate of such 145
352	352	application to the appropriate official of the state in 146
353	353	which the new resident applicant last resided and shall file 147
354	354	the original of such application in its office. 148
355	355	116 COUNTY OF _________ , ss.
356	356	117 I, ______, do solemnly swear that:
357	357	118
358	358	119
359	359	120
360	360	121
361	361	(1) Before becoming a resident of this state, I
362	362	resided at ______ (residence address) in ______
363	363	(town, township, village or city) of ______
364	364	County in the state of ______;
365	365
366	366	122
367	367	123
368	368	124
369	369	125
370	370	(2) I moved to this state after the last day to
371	371	register to vote in such general presidential
372	372	election and I am now residing in the county of
373	373	______, state of Missouri;
374	374
375	375	126
376	376	127
377	377	128
378	378	(3) I believe I am entitled pursuant to the laws of
379	379	this state to vote i n the presidential election
380	380	to be held November ______, ______ (year);
381	381
382	382	129
383	383	130
384	384	131
385	385	132
386	386	(4) I hereby make application for a presidential
387	387	and vice presidential ballot. I have not voted
388	388	and shall not vote other than by this ballot at
389	389	such election.
390	390
391	391	133 Signed __________________
392	392	134 (Applicant)
393	393	135 __________________
394	394	136
395	395	137
396	396	(Residence
397	397	Address)
398	398
399	399	138
400	400	139
401	401	Subscribed and sworn to before me this ______ day
402	402	of ______, ______
403	403
404	404	140 Signed __________________
405	405	141
406	406	142
407	407	(Title and name of officer authorized to
408	408	administer oaths)"
409	409	SB 1140 13
410	410	9. An application for an absentee ballot by an 149
411	411	interstate former resident shall be received in the office 150
412	412	of the election authority where the applicant was formerly 151
413	413	registered by 5:00 p.m. on the second Wednesday immediately 152
414	414	prior to the election, unless the application is made in 153
415	415	person by the applicant in the office of the election 154
416	416	authority, in which case such application shall be made no 155
417	417	later than 7:00 p.m. on the day of the election. 156
418	418	115.287. 1. Upon receipt of a signed application for 1
419	419	an absentee ballot and if satisfied the applicant is 2
420	420	entitled to vote by abs entee ballot, the election authority 3
421	421	shall, within three working days after receiving the 4
422	422	application, or if absentee ballots are not available at the 5
423	423	time the application is received, within five working days 6
424	424	after they become available, deliver to th e voter an 7
425	425	absentee ballot, ballot envelope and such instructions as 8
426	426	are necessary for the applicant to vote. For applications 9
427	427	for an absentee ballot to vote in a primary election, the 10
428	428	election authority shall only deliver to the voter the 11
429	429	ballot that corresponds to the established political party 12
430	430	with which the voter is affiliated, according to his or her 13
431	431	voter registration, or, if the voter is unaffiliated, the 14
432	432	unaffiliated ballot. Delivery shall be made to the voter 15
433	433	personally in the office of the election authority or by 16
434	434	bipartisan teams appointed by the election authority, or by 17
435	435	first class, registered, or certified mail at the discretion 18
436	436	of the election authority, or in the case of a covered voter 19
437	437	as defined in section 115.902, the metho d of transmission 20
438	438	prescribed in section 115.914. Where the election authority 21
439	439	is a county clerk, the members of bipartisan teams 22
440	440	representing the political party other than that of county 23
441	441	clerk shall be selected from a list of persons submitted to 24 SB 1140 14
442	442	the county clerk by the county chairman of that party. If 25
443	443	no list is provided by the time that absentee ballots are to 26
444	444	be made available, the county clerk may select a person or 27
445	445	persons from lists provided in accordance with section 28
446	446	115.087. If the election authority is not satisfied that 29
447	447	any applicant is entitled to vote by absentee ballot, it 30
448	448	shall not deliver an absentee ballot to the applicant. 31
449	449	Within three working days of receiving such an application, 32
450	450	the election authority shall notify the a pplicant and state 33
451	451	the reason he or she is not entitled to vote by absentee 34
452	452	ballot. The applicant may file a complaint with the 35
453	453	elections division of the secretary of state's office under 36
454	454	and pursuant to section 115.219. 37
455	455	2. If, after 5:00 p.m. o n the second Wednesday before 38
456	456	an election, any voter from the jurisdiction has become 39
457	457	hospitalized, becomes confined due to illness or injury, or 40
458	458	is confined in an intermediate care facility, residential 41
459	459	care facility, or skilled nursing facility on el ection day, 42
460	460	as such terms are defined in section 198.006, in the county 43
461	461	in which the jurisdiction is located or in the jurisdiction 44
462	462	of an adjacent election authority within the same county, 45
463	463	the election authority shall appoint a team to deliver, 46
464	464	witness the signing of and return the voter's application 47
465	465	and deliver, witness the voting of and return the voter's 48
466	466	absentee ballot. If the election authority receives ten or 49
467	467	more applications for absentee ballots from the same address 50
468	468	it shall appoint a t eam to deliver and witness the voting 51
469	469	and return of absentee ballots by voters residing at that 52
470	470	address, except when such addresses are for an apartment 53
471	471	building or other structure wherein individual living units 54
472	472	are located, each of which has its own separate cooking 55
473	473	facilities. Each team appointed pursuant to this subsection 56 SB 1140 15
474	474	shall consist of two registered voters, one from each major 57
475	475	political party. Both members of any team appointed 58
476	476	pursuant to this subsection shall be present during the 59
477	477	delivery, signing or voting and return of any application or 60
478	478	absentee ballot signed or voted pursuant to this subsection. 61
479	479	3. On the mailing and ballot envelopes for each 62
480	480	covered voter, the election authority shall stamp 63
481	481	prominently in black the words "FEDERAL BALLOT, STATE OF 64
482	482	MISSOURI" and "U.S. Postage Paid, 39 U.S.C. Section 3406". 65
483	483	4. No information which encourages a vote for or 66
484	484	against a candidate or issue shall be provided to any voter 67
485	485	with an absentee ballot. 68
486	486	115.327. 1. When submitted for filing, each petition 1
487	487	for the nomination of an independent candidate or for the 2
488	488	formation of a new political party shall be accompanied by a 3
489	489	declaration of candidacy for each candidate to be nominated 4
490	490	by the petition or by the p arty, respectively. The party's 5
491	491	duly authorized chairman and treasurer shall also submit a 6
492	492	certified complete list of the names and addresses of all 7
493	493	their candidates and the office for which each seeks. The 8
494	494	party shall nominate its candidates in the manner prescribed 9
495	495	in the party's bylaws. If presidential electors are to be 10
496	496	nominated, at least one qualified resident of each 11
497	497	congressional district shall be named as a nominee for 12
498	498	presidential elector. The number of candidates to be 13
499	499	nominated shall equal the number of electors to which the 14
500	500	state is entitled. Each declaration of candidacy for the 15
501	501	office of presidential elector shall be in the form provided 16
502	502	in section 115.399. Each declaration of candidacy for an 17
503	503	office other than presidential elector shall state the 18
504	504	candidate's full name, residence address, office for which 19
505	505	he proposes to be a candidate, the party, if any, upon whose 20 SB 1140 16
506	506	ticket he is to be a candidate and that if nominated and 21
507	507	elected he will qualify. Each such declaration sha ll be in 22
508	508	substantially the following form: 23
509	509	Each such declaration shall be su bscribed and sworn to by 44
510	510	the candidate before the election official accepting the 45
511	511	candidate's petition, a notary public or other officer 46
512	512	authorized by law to administer oaths. 47
513	513	2. Any person who files a declaration of candidacy as 48
514	514	an independent candidate or as the candidate of a new 49
515	515	political party for election to an office shall be 50
516	516	unaffiliated with any established political party, as 51
517	517	24
518	518	25
519	519	26
520	520	27
521	521	28
522	522	29
523	523	30
524	524	31
525	525	32
526	526	33
527	527	I, ______, a resident and registered voter of the
528	528	______ precinct of the town of ______ or the ______
529	529	precinct of the ______ ward of the city of ______, or
530	530	the ______ precinct of ______ township of the county
531	531	of ______ and the state of Missouri, do announce
532	532	myself a candidate for the office of ______ on the
533	533	______ ticket, to be voted for at the general
534	534	(special) election to be held on the ______ day of
535	535	______, 20______, and I further declare that if
536	536	nominated and elected I will qualify.
537	537
538	538	34 __________________ Subscribed and sworn
539	539	35
540	540	36
541	541	Signature of
542	542	candidate
543	543	to before me this
544	544	37 ______ day of
545	545	38 ______, 20______
546	546	39 __________________ __________________
547	547	40 Residence address Signature of election
548	548	41 official or officer
549	549	42 authorized to
550	550	43 administer oaths SB 1140 17
551	551	evidenced by his or her voter registration, no later than 52
552	552	the twenty-third Tuesday prior to the last Tuesday in 53
553	553	February immediately preceding the primary election. 54
554	554	115.349. 1. Except as otherwise provided in sections 1
555	555	115.361 to 115.383, no candidate's name shall be printed on 2
556	556	any official primary ballot unless the candidate has filed a 3
557	557	written declaration of candidacy in the office of the 4
558	558	appropriate election official by 5:00 p.m. on the last 5
559	559	Tuesday in March immediately preceding the primary election. 6
560	560	2. No declaration of candidacy for nomination in a 7
561	561	primary election shall be accepted for filing prior to 8:00 8
562	562	a.m. on the last Tuesday in February immediately preceding 9
563	563	the primary election. 10
564	564	3. Each declaration of candidacy for nomination in a 11
565	565	primary election shall state the candidate's full name, 12
566	566	residence address, of fice for which such candidate proposes 13
567	567	to be a candidate, the party ticket on which he or she 14
568	568	wishes to be a candidate and that if nominated and elected 15
569	569	he or she will qualify. The declaration shall be in 16
570	570	substantially the following form: 17
571	571	18
572	572	19
573	573	20
574	574	21
575	575	22
576	576	23
577	577	24
578	578	25
579	579	I, ______, a resident and registered voter of the
580	580	county of ______ and the state of Missouri,
581	581	residing at ______, do announce myself a candidate
582	582	for the office of ______ on the ______ party
583	583	ticket, to be voted for at the primary election to
584	584	be held on the ______ day of ______, ______, and I
585	585	further declare that if nominated and elected to
586	586	such office I will qualify.
587	587
588	588	26
589	589	27
590	590	28
591	591	29
592	592	______________________
593	593	Signature of candidate
594	594	Subscribed and sworn to
595	595	before me this ______
596	596	day of ______, ______
597	597
598	598	30
599	599	31
600	600	32
601	601	______________________
602	602	Residence address
603	603	______________________
604	604	Signature of election
605	605	official or other
606	606	SB 1140 18
607	607	If the declaration is to be filed in person, it shall be 42
608	608	subscribed and sworn to by the cand idate before an official 43
609	609	authorized to accept his or her declaration of candidacy. 44
610	610	If the declaration is to be filed by certified mail pursuant 45
611	611	to the provisions of subsection 2 of section 115.355, it 46
612	612	shall be subscribed and sworn to by the candidate before a 47
613	613	notary public or other officer authorized by law to 48
614	614	administer oaths. 49
615	615	4. Any person who files a declaration of candidacy as 50
616	616	a party candidate for nomination or election to an office 51
617	617	shall be affiliated with that political party, as evide nced 52
618	618	by his or her voter registration, no later than the twenty - 53
619	619	third Tuesday prior to the last Tuesday in February 54
620	620	immediately preceding the primary election. 55
621	621	115.351. [No person who files as a party candidate for 1
622	622	nomination or election to an office shall, without 2
623	623	withdrawing, file as another party's candidate or an 3
624	624	independent candidate for nomination or election to the 4
625	625	office for the same term. No person who files as an 5
626	626	independent candidate for election to an office shall, 6
627	627	without withdrawing, file as a party candidate for 7
628	628	nomination or election to the office for the same term. ] No 8
629	629	33
630	630	34
631	631	officer authorized to
632	632	administer oaths
633	633	35
634	634	36
635	635	______________________
636	636	37
637	637	38
638	638	Mailing address (if
639	639	different)
640	640
641	641	39
642	642	40
643	643	41
644	644	______________________
645	645	Telephone Number
646	646	(Optional)
647	647	SB 1140 19
648	648	person shall file for one office and, without withdrawing, 9
649	649	file for another office to be filled at the same election. 10
650	650	Receipt by the secretary of state of proper certification of 11
651	651	nomination pursuant to subsection 1 of section 115.399 12
652	652	constitutes withdrawal by operation of law pursuant to 13
653	653	subsection 1 of section 115.359 of any presidential or vice 14
654	654	presidential nominee from any other offi ce for which such 15
655	655	nominee is a candidate at the same election. Any person 16
656	656	violating any provision of this section shall be 17
657	657	disqualified from running for nomination or election to any 18
658	658	office at the primary and general election next succeeding 19
659	659	the violation. 20
660	660	115.363. 1. Except as provided in section 115.361, a 1
661	661	party nominating committee of a political party may select a 2
662	662	party candidate for nomination to an office on the primary 3
663	663	election ballot in the following cases: 4
664	664	(1) If there are no candidates for nomination as the 5
665	665	party candidate due to death of all the party's candidates 6
666	666	after 5:00 p.m. on the last day in which a person may file 7
667	667	as a candidate for nomination and at or before 5:00 p.m. on 8
668	668	the tenth Tuesday prior to the primary election; 9
669	669	(2) If there are no candidates for nomination as the 10
670	670	party candidate due to withdrawal after 5:00 p.m. on the 11
671	671	last day in which a person may file as a candidate for 12
672	672	nomination and at or before 5:00 p.m. on whatever day may be 13
673	673	fixed by law as the final date for withdrawing as a 14
674	674	candidate for the office; 15
675	675	(3) If there are no candidates for nomination as the 16
676	676	party candidate due to death or disqualification of all 17
677	677	candidates within seven days prior to the filing deadline 18
678	678	and if no person has filed for the party nomination within 19
679	679	that time; 20 SB 1140 20
680	680	(4) If there are no candidates for nomination as the 21
681	681	party candidate due to disqualification of all party 22
682	682	candidates after 5:00 p.m. on the last day on which a person 23
683	683	may file as a candidate for nomination, and at or before 24
684	684	5:00 p.m. on the tenth Tuesday prior to the primary 25
685	685	election; or 26
686	686	(5) If a candidate for the position of political party 27
687	687	committeeman or committeewoman dies or withdraws as provided 28
688	688	in subsection 1 or 2 of section 115.359 after the tenth 29
689	689	Tuesday prior to the primary election, leaving no candidate. 30
690	690	2. Any established political party may select a 31
691	691	candidate for nomination, if a candidate who is the 32
692	692	incumbent or only candidate dies, is disqualif ied or 33
693	693	withdraws pursuant to subsection 1 or 2 of section 115.359 34
694	694	after 5:00 p.m. on the tenth Tuesday prior to the primary 35
695	695	election, and at or before 5:00 p.m. on whatever day is 36
696	696	fixed by law as the final date for withdrawing as a 37
697	697	candidate for the office. 38
698	698	3. A party nominating committee may select a party 39
699	699	candidate for election to an office on the general election 40
700	700	ballot in the following cases: 41
701	701	(1) If the person nominated as the party candidate 42
702	702	shall die at or before 5:00 p.m. on the t enth Tuesday prior 43
703	703	to the general election; 44
704	704	(2) If the person nominated as the party candidate is 45
705	705	disqualified at or before 5:00 p.m. on the tenth Tuesday 46
706	706	prior to the general election; 47
707	707	(3) If the person nominated as the party candidate 48
708	708	shall withdraw at or before 5:00 p.m. on whatever day may be 49
709	709	fixed by law as the final date for withdrawing as a 50
710	710	candidate for the office; 51 SB 1140 21
711	711	(4) If a candidate for nomination to an office in 52
712	712	which the person is the party's only candidate dies after 53
713	713	5:00 p.m. on the tenth Tuesday prior to any primary 54
714	714	election, withdraws as provided in subsection 1 of section 55
715	715	115.359 after 5:00 p.m. on the tenth Tuesday prior to any 56
716	716	primary election, or is disqualified after 5:00 p.m. on the 57
717	717	tenth Tuesday before any primary election. 58
718	718	4. If a person nominated as a party's candidate who is 59
719	719	unopposed shall die at or before 5:00 p.m. on the tenth 60
720	720	Tuesday prior to the general election, is disqualified at or 61
721	721	before 5:00 p.m. on the tenth Tuesday prior to the genera l 62
722	722	election, or shall withdraw at or before 5:00 p.m. on 63
723	723	whatever day may be fixed by law as the final date for 64
724	724	withdrawing as a candidate for the office, the party 65
725	725	nominating committee for any established political party may 66
726	726	select a party candidate. 67
727	727	5. A party nominating committee may select a party 68
728	728	candidate for election to an office in the following cases: 69
729	729	(1) For an election called to fill a vacancy in an 70
730	730	office; 71
731	731	(2) For an election held pursuant to the provisions of 72
732	732	section 105.030 to fill an unexpired term resulting from a 73
733	733	vacancy in an office that occurs within fourteen days prior 74
734	734	to the filing deadline for the primary election and not 75
735	735	later than the tenth Tuesday prior to the general election. 76
736	736	If such vacancy occurs pri or to the fourteenth day before 77
737	737	the filing deadline for a primary election, filing for the 78
738	738	office shall be as provided for in sections 115.307 to 79
739	739	115.359. 80
740	740	6. Any party candidate selected by a party nominating 81
741	741	committee pursuant to this section sh all be affiliated with 82 SB 1140 22
742	742	the political party of the committee, as evidenced by his or 83
743	743	her voter registration. 84
744	744	115.395. 1. At each primary election, there shall be 1
745	745	as many separate ballots as there are established political 2
746	746	parties entitled to participate in the election. 3
747	747	Additionally, there shall be a separate ballot for 4
748	748	unaffiliated voters which shall contain only ballot measures 5
749	749	and nonpartisan candidates submitted by political 6
750	750	subdivisions and special districts. 7
751	751	2. The names of the candidates for each office on each 8
752	752	party ballot shall be listed in the order in which they are 9
753	753	filed, except that, in the case of candidates who file a 10
754	754	declaration of candidacy with the secretary of state prior 11
755	755	to 5:00 p.m. on the first day for filing, the secretary of 12
756	756	state shall determine by random drawing the order in which 13
757	757	such candidates' names shall appear on the ballot. The 14
758	758	drawing shall be conducted so that each candidate, or 15
759	759	candidate's representative if the candidate filed und er 16
760	760	subsection 2 of section 115.355, may draw a number at random 17
761	761	at the time of filing. The secretary of state shall record 18
762	762	the number drawn with the candidate's declaration of 19
763	763	candidacy. The names of candidates filing on the first day 20
764	764	for filing for each office on each party ballot shall be 21
765	765	listed in ascending order of the numbers so drawn. For the 22
766	766	purposes of this subsection, the election authority 23
767	767	responsible for oversight of the filing of candidates, other 24
768	768	than candidates that file with the s ecretary of state, shall 25
769	769	clearly designate where candidates, or a candidate's 26
770	770	representative if the candidate filed under subsection 2 of 27
771	771	section 115.355, shall form a line to effectuate such 28
772	772	filings and determine the order of such filings; except 29
773	773	that, in the case of candidates who file a declaration of 30 SB 1140 23
774	774	candidacy with the election authority prior to 5:00 p.m. on 31
775	775	the first day for filing, the election authority may 32
776	776	determine by random drawing the order in which such 33
777	777	candidates' names shall appear o n the ballot. If a drawing 34
778	778	is conducted pursuant to this subsection, it shall be 35
779	779	conducted so that each candidate, or candidate's 36
780	780	representative if the candidate filed under subsection 2 of 37
781	781	section 115.355, may draw a number at random at the time of 38
782	782	filing. If such drawing is conducted, the election 39
783	783	authority shall record the number drawn with the candidate's 40
784	784	declaration of candidacy. If such drawing is conducted, the 41
785	785	names of candidates filing on the first day for filing for 42
786	786	each office on each party ballot shall be listed in 43
787	787	ascending order of the numbers so drawn. 44
788	788	3. Insofar as applicable, the provisions of sections 45
789	789	115.237 and 115.245 shall apply to each ballot prepared for 46
790	790	a primary election, except that the ballot information may 47
791	791	be placed in vertical or horizontal rows, no circle shall 48
792	792	appear under any party name and no write -in lines shall 49
793	793	appear under the name of any office for which a candidate is 50
794	794	to be nominated at the primary. At a primary election, 51
795	795	write-in votes shall be counted only for persons who can be 52
796	796	elected to an office at the primary. 53
797	797	115.397. 1. In each primary election, each voter 1
798	798	shall be entitled to receive the ballot of [one and only 2
799	799	one] the established political party[, designated by the 3
800	800	voter before receiving his ballot ] with which such voter is 4
801	801	affiliated, as evidenced by his or her voter registration. 5
802	802	Any voter who has chosen to be unaffiliated shall only be 6
803	803	permitted to cast an unaffiliated ballot . 7
804	804	2. Each voter who participates in a party primary 8
805	805	shall be entitled to vote on all questions and for any 9 SB 1140 24
806	806	nonpartisan candidates submitted by political subdivisions 10
807	807	and special districts at the primary election. Each voter 11
808	808	who does not wish to participate in a party prim ary may vote 12
809	809	on all questions and for any nonpartisan candidates 13
810	810	submitted by a political subdivision or special district at 14
811	811	the primary election. 15
812	812	115.398. 1. For any person who was registered to vote 1
813	813	in this state as of January 1, 2025, if such person 2
814	814	thereafter casts a ballot on the primary election day held 3
815	815	on the first Tuesday after the first Monday in August 2026, 4
816	816	such person may pick any ballot and the election authority 5
817	817	shall note the ballot designated and cast by such pe rson and 6
818	818	make a notation on the person's voter registration as 7
819	819	follows: 8
820	820	(1) If the person participates in a party primary by 9
821	821	designating the ballot of an established political party, 10
822	822	then the election authority shall make a notation on the 11
823	823	person's voter registration to reflect that he or she is 12
824	824	affiliated with such party; 13
825	825	(2) If the person participates in the nonpartisan 14
826	826	primary by designating the unaffiliated ballot with only 15
827	827	questions and nonpartisan candidates, then the election 16
828	828	authority shall make a notation on the person's voter 17
829	829	registration to reflect that he or she is unaffiliated. 18
830	830	2. For any person who casts a ballot on the primary 19
831	831	election day held on the first Tuesday after the first 20
832	832	Monday in August 2026, the notati on made by the election 21
833	833	authority pursuant to subsection 1 of this section at the 22
834	834	last primary election at which the person casts a ballot 23
835	835	shall dictate such person's political party affiliation or 24
836	836	unaffiliation for all primary elections held after Sep tember 25
837	837	1, 2026. 26 SB 1140 25
838	838	115.409. Except election authority personnel, election 1
839	839	judges, watchers and challengers appointed pursuant to 2
840	840	section 115.105 or 115.107, law enforcement officials at the 3
841	841	request of election officials or in the line of duty, minor 4
842	842	children under the age of eighteen accompanying an adult who 5
843	843	is in the process of voting, international observers who 6
844	844	have registered as such with the election authority, persons 7
845	845	designated by the election authority to administer a 8
846	846	simulated youth election for persons ineligible to vote 9
847	847	because of their age, members of the news media who present 10
848	848	identification satisfactory to the election judges and who 11
849	849	are present only for the purpose of bona fide news coverage 12
850	850	except as provided in subdivision (18) of section 115.637, 13
851	851	provided that such coverage does not disclose how any voter 14
852	852	cast the voter's ballot on any question or candidate [or in 15
853	853	the case of a primary election on which party ballot they 16
854	854	voted] or does not interfere with th e general conduct of the 17
855	855	election as determined by the election judges or election 18
856	856	authority, and registered voters who are eligible to vote at 19
857	857	the polling place, no person shall be admitted to a polling 20
858	858	place. 21
859	859	115.429. 1. The election judges shall not permit any 1
860	860	person to vote unless satisfied that such person is the 2
861	861	person whose name appears on the precinct register. 3
862	862	2. The identity or qualifications of any person 4
863	863	offering to vote may be challenged by any election authori ty 5
864	864	personnel, any registered voter, or any duly authorized 6
865	865	challenger at the polling place. No person whose right to 7
866	866	vote is challenged shall receive a ballot until his or her 8
867	867	identity and qualifications have been established. 9
868	868	3. Any question of doubt concerning the identity or 10
869	869	qualifications of a voter shall be decided by a majority of 11 SB 1140 26
870	870	the judges from the major political parties. If such 12
871	871	election judges decide not to permit a person to vote 13
872	872	because of doubt as to his or her identity or 14
873	873	qualifications, the person may apply to the election 15
874	874	authority as provided in section 115.193 or file a complaint 16
875	875	with the elections division of the secretary of state's 17
876	876	office under and pursuant to section 115.219. 18
877	877	4. If the election judges cannot r each a decision on 19
878	878	the identity or qualifications of any person, the question 20
879	879	shall be decided by the election authority. 21
880	880	5. The election judges or the election authority may 22
881	881	require any person whose right to vote is challenged to 23
882	882	execute an affidavit affirming his or her qualifications. 24
883	883	The election authority shall furnish to the election judges 25
884	884	a sufficient number of blank affidavits of qualification, 26
885	885	and the election judges shall enter any appropriate 27
886	886	information or comments under the titl e "Remarks" which 28
887	887	shall appear at the bottom of the affidavit. All executed 29
888	888	affidavits of qualification shall be returned to the 30
889	889	election authority with the other election supplies. Any 31
890	890	person who makes a false affidavit of qualification shall be 32
891	891	guilty of a class one election offense. 33
892	892	6. In the case of any primary election, the election 34
893	893	judges shall determine whether the voter's political party 35
894	894	affiliation is the same as the political party holding the 36
895	895	primary election. 37
896	896	Section B. Section A of this act shall be effective 1
897	897	January 1, 2025. 2
898	898	