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. 1243 |
---|
6 | 6 | | 102ND GENERAL ASSEMBLY |
---|
7 | 7 | | INTRODUCED BY SENATOR WASHINGTON. |
---|
8 | 8 | | 3578S.01I KRISTINA MARTIN, Secretary |
---|
9 | 9 | | AN ACT |
---|
10 | 10 | | To repeal sections 115.158 and 115.221, RSMo, and to enact in lieu thereof two new sections |
---|
11 | 11 | | relating to voter registration, with an existing penalty provision. |
---|
12 | 12 | | |
---|
13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
---|
14 | 14 | | Section A. Sections 115.158 and 115.221, RSMo, are 1 |
---|
15 | 15 | | repealed and two new sections enacted in lieu thereof, to be 2 |
---|
16 | 16 | | known as sections 115.158 and 115.221, to read as follows:3 |
---|
17 | 17 | | 115.158. 1. The secretary of state shall implement a 1 |
---|
18 | 18 | | centralized, interactive computerized statewide voter 2 |
---|
19 | 19 | | registration list. This computerized list shall be known as 3 |
---|
20 | 20 | | the "Missouri Voter Registra tion System". The system shall 4 |
---|
21 | 21 | | be implemented by January 1, 2004, unless a waiver is 5 |
---|
22 | 22 | | obtained pursuant to the Help America Vote Act of 2002. If 6 |
---|
23 | 23 | | a waiver is obtained, the system shall be implemented by 7 |
---|
24 | 24 | | January 1, 2006. The system shall be maintained and 8 |
---|
25 | 25 | | administered by the secretary of state and contain the name 9 |
---|
26 | 26 | | and registration information of every legally registered 10 |
---|
27 | 27 | | voter in Missouri. In addition, the system shall: 11 |
---|
28 | 28 | | (1) Assign a unique identifier to each legally 12 |
---|
29 | 29 | | registered voter in Missour i; 13 |
---|
30 | 30 | | (2) Serve as the single system for storing and 14 |
---|
31 | 31 | | managing the official list of registered voters throughout 15 |
---|
32 | 32 | | Missouri; 16 |
---|
33 | 33 | | (3) Be coordinated with other agency databases in 17 |
---|
34 | 34 | | Missouri; 18 SB 1243 2 |
---|
35 | 35 | | (4) Allow any election official in Missouri, including 19 |
---|
36 | 36 | | local election authorities, immediate electronic access to 20 |
---|
37 | 37 | | the information contained in the system; 21 |
---|
38 | 38 | | (5) Allow all voter registration information obtained 22 |
---|
39 | 39 | | by any local election official in Missouri to be 23 |
---|
40 | 40 | | electronically entered into the system on an expedited basis 24 |
---|
41 | 41 | | at the time the information is provided to the local 25 |
---|
42 | 42 | | official. The secretary of state, as the chief state 26 |
---|
43 | 43 | | election official, shall provide such support as may be 27 |
---|
44 | 44 | | required so that local election officials are able to enter 28 |
---|
45 | 45 | | the registration information; and 29 |
---|
46 | 46 | | (6) Serve as the official voter registration list for 30 |
---|
47 | 47 | | the conduct of all elections in Missouri. 31 |
---|
48 | 48 | | 2. Except as provided for in subsection 10 of this 32 |
---|
49 | 49 | | section, the secretary of state and local election 33 |
---|
50 | 50 | | authorities shall pe rform system maintenance on a regular 34 |
---|
51 | 51 | | basis, which shall include: 35 |
---|
52 | 52 | | (1) Removing names in accordance with the provisions 36 |
---|
53 | 53 | | and procedures of the National Voter Registration Act of 37 |
---|
54 | 54 | | 1993 and coordinating system maintenance activities with 38 |
---|
55 | 55 | | state agency records on death and felony status; 39 |
---|
56 | 56 | | (2) Requiring the name of each registered voter to 40 |
---|
57 | 57 | | appear in the system; 41 |
---|
58 | 58 | | (3) Removing only voters who are not registered or who 42 |
---|
59 | 59 | | are not eligible to vote; and 43 |
---|
60 | 60 | | (4) Eliminating duplicate names from the s ystem. 44 |
---|
61 | 61 | | 3. The secretary of state shall provide adequate 45 |
---|
62 | 62 | | technological security measures to prevent the unauthorized 46 |
---|
63 | 63 | | access to the system established pursuant to this section. 47 |
---|
64 | 64 | | 4. The secretary of state shall develop procedures to 48 |
---|
65 | 65 | | ensure that voter registration records within the system are 49 SB 1243 3 |
---|
66 | 66 | | accurate and updated regularly. At a minimum, the 50 |
---|
67 | 67 | | procedures shall include: 51 |
---|
68 | 68 | | (1) A system of file maintenance that makes a 52 |
---|
69 | 69 | | reasonable effort to remove registrants who are ineligible 53 |
---|
70 | 70 | | to vote. Consistent with the National Voter Registration 54 |
---|
71 | 71 | | Act of 1993, registrants who have not responded to a notice 55 |
---|
72 | 72 | | and who have not voted in two consecutive general elections 56 |
---|
73 | 73 | | for federal office shall be removed from the official list 57 |
---|
74 | 74 | | of eligible voters, except tha t no registrant may be removed 58 |
---|
75 | 75 | | solely by reason of a failure to vote; and 59 |
---|
76 | 76 | | (2) Safeguards to ensure that eligible voters are not 60 |
---|
77 | 77 | | removed in error. 61 |
---|
78 | 78 | | 5. Voter registration information shall be verified in 62 |
---|
79 | 79 | | accordance with the Help America Vote Ac t of 2002. 63 |
---|
80 | 80 | | (1) Except as provided in subdivision (2) of this 64 |
---|
81 | 81 | | subsection, an application for voter registration may not be 65 |
---|
82 | 82 | | accepted or processed unless the application includes: 66 |
---|
83 | 83 | | (a) In the case of an applicant who has been issued a 67 |
---|
84 | 84 | | current and valid driver's license, the applicant's driver's 68 |
---|
85 | 85 | | license number; or 69 |
---|
86 | 86 | | (b) In the case of any other applicant, other than an 70 |
---|
87 | 87 | | applicant to whom subdivision (2) applies, the last four 71 |
---|
88 | 88 | | digits of the applicant's Social Security number. 72 |
---|
89 | 89 | | (2) If an applicant for voter registration has not 73 |
---|
90 | 90 | | been issued a current and valid driver's license or a Social 74 |
---|
91 | 91 | | Security number, the applicant shall be assigned a number 75 |
---|
92 | 92 | | which will serve to identify the applicant for voter 76 |
---|
93 | 93 | | registration purposes. The number assigned under this 77 |
---|
94 | 94 | | subdivision shall be used as the unique identifying number 78 |
---|
95 | 95 | | within the system. 79 |
---|
96 | 96 | | (3) The secretary of state and the director of the 80 |
---|
97 | 97 | | department of revenue shall enter into an agreement to match 81 SB 1243 4 |
---|
98 | 98 | | information in the database of the voter registration system 82 |
---|
99 | 99 | | with information in the database of the motor vehicle system 83 |
---|
100 | 100 | | to enable the secretary to verify the accuracy of 84 |
---|
101 | 101 | | information provided on applications for voter registration. 85 |
---|
102 | 102 | | (4) The director of the department of revenue shall 86 |
---|
103 | 103 | | enter into an agreement with the commissioner of Social 87 |
---|
104 | 104 | | Security and comply with the Help America Vote Act of 2002. 88 |
---|
105 | 105 | | 6. In addition to using the system for voter 89 |
---|
106 | 106 | | registration, the election authorities and secretary of 90 |
---|
107 | 107 | | state may use the system for th e collection and 91 |
---|
108 | 108 | | dissemination of election results and other pertinent 92 |
---|
109 | 109 | | information. Any information contained in any state or 93 |
---|
110 | 110 | | local voter registration system, limited to the master voter 94 |
---|
111 | 111 | | registration list or any other list generated from the 95 |
---|
112 | 112 | | information, subject to chapter 610, shall not be used for 96 |
---|
113 | 113 | | commercial purposes; provided, however, that the information 97 |
---|
114 | 114 | | may be used for elections, for candidates, or for ballot 98 |
---|
115 | 115 | | measures, furnished at a reasonable fee. Violation of this 99 |
---|
116 | 116 | | section shall be a clas s B misdemeanor. For purposes of 100 |
---|
117 | 117 | | this section, "commercial purposes" means the use of a 101 |
---|
118 | 118 | | public record for the purpose of sale or resale or for the 102 |
---|
119 | 119 | | purpose of producing a document containing all or part of 103 |
---|
120 | 120 | | the copy, printout, or photograph for sale or the obtaining 104 |
---|
121 | 121 | | of names and addresses from public records for the purpose 105 |
---|
122 | 122 | | of solicitation or the sale of names and addresses to 106 |
---|
123 | 123 | | another for the purpose of solicitation or for any purpose 107 |
---|
124 | 124 | | in which the purchaser can reasonably anticipate the receipt 108 |
---|
125 | 125 | | of monetary gain from the direct or indirect use of the 109 |
---|
126 | 126 | | public record. 110 |
---|
127 | 127 | | 7. The secretary of state shall establish an advisory 111 |
---|
128 | 128 | | committee to assist in the establishment and maintenance of 112 |
---|
129 | 129 | | the Missouri voter registration system. 113 SB 1243 5 |
---|
130 | 130 | | 8. The secretary of state may promulgate rules to 114 |
---|
131 | 131 | | execute this section. No rule or portion of a rule 115 |
---|
132 | 132 | | promulgated pursuant to the authority of this section shall 116 |
---|
133 | 133 | | become effective unless it has been promulgated pursuant to 117 |
---|
134 | 134 | | chapter 536. 118 |
---|
135 | 135 | | 9. Election authorities and any agency required under 119 |
---|
136 | 136 | | the National Voter Registration Act of 1993 to accept voter 120 |
---|
137 | 137 | | registration applications shall forward registration and 121 |
---|
138 | 138 | | other data in a manner prescribed by the secretary of state 122 |
---|
139 | 139 | | to assist with administering and maintaining the Miss ouri 123 |
---|
140 | 140 | | voter registration system in accordance with the Help 124 |
---|
141 | 141 | | America Vote Act of 2002. 125 |
---|
142 | 142 | | 10. Notwithstanding the provisions of subsection 2 of 126 |
---|
143 | 143 | | this section, the secretary of state shall not remove a 127 |
---|
144 | 144 | | registered voter from the system due to inactivity unless it 128 |
---|
145 | 145 | | has been more than five calendar years since the registered 129 |
---|
146 | 146 | | voter last voted. Before removing voters after five 130 |
---|
147 | 147 | | calendar years of inactivity, the secretary of state shall 131 |
---|
148 | 148 | | provide written notice to the registered voter with 132 |
---|
149 | 149 | | instructions for re-registration. 133 |
---|
150 | 150 | | 115.221. Notwithstanding any other provisions of law 1 |
---|
151 | 151 | | to the contrary, each election authority may have the voting 2 |
---|
152 | 152 | | records inspected and may investigate the qualifications of 3 |
---|
153 | 153 | | any person who has not voted or transferre d his registration 4 |
---|
154 | 154 | | within the [four] five preceding calendar years. 5 |
---|
155 | 155 | | |
---|