| 1 | 1 | | |
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| 2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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| 3 | 3 | | and is intended to be omitted in the law. |
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| 4 | 4 | | SECOND REGULAR SESSION |
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| 5 | 5 | | SENATE BILL NO. 1480 |
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| 6 | 6 | | 102ND GENERAL ASSEMBLY |
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| 7 | 7 | | INTRODUCED BY SENATOR EIGEL. |
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| 8 | 8 | | 5919S.02I KRISTINA MARTIN, Secretary |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | To repeal sections 115.105, 115.121, 115.123, 115.341, 115.351, 115.776, and 115.904, RSMo, |
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| 11 | 11 | | and to enact in lieu thereof fifteen new sections relating to primary elections, with an |
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| 12 | 12 | | effective date. |
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| 13 | 13 | | |
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| 14 | 14 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 15 | 15 | | Section A. Sections 115.105, 115.121, 115.123, 115.341, 1 |
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| 16 | 16 | | 115.351, 115.776, and 115.904, RSM o, are repealed and fifteen 2 |
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| 17 | 17 | | new sections enacted in lieu thereof, to be known as sections 3 |
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| 18 | 18 | | 115.105, 115.121, 115.123, 115.341, 115.351, 115.755, 115.758, 4 |
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| 19 | 19 | | 115.761, 115.765, 115.767, 115.770, 115.773, 115.776, 115.785, 5 |
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| 20 | 20 | | and 115.904, to read as follows:6 |
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| 21 | 21 | | 115.105. 1. The chair of the county committee of each 1 |
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| 22 | 22 | | political party named on the ballot shall have the right to 2 |
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| 23 | 23 | | designate a challenger for each polling place, who may be 3 |
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| 24 | 24 | | present until all ballots are cast on the day of election, 4 |
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| 25 | 25 | | and a challenger for each location at which absentee ballots 5 |
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| 26 | 26 | | are counted, who may be present while the ballots are being 6 |
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| 27 | 27 | | prepared for counting and counted. No later than four 7 |
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| 28 | 28 | | business days before the election, the chair of each county 8 |
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| 29 | 29 | | committee of each political party na med on the ballot shall 9 |
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| 30 | 30 | | provide signed official designation forms with the names of 10 |
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| 31 | 31 | | the designated challengers and substitutes to the local 11 |
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| 32 | 32 | | election authority for confirmation of eligibility to serve 12 |
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| 33 | 33 | | as a challenger. The local election authority, afte r 13 |
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| 34 | 34 | | verifying the eligibility of each designated and substitute 14 SB 1480 2 |
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| 35 | 35 | | challenger, shall sign off on the official designation 15 |
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| 36 | 36 | | forms, unless the challenger is found not to have the 16 |
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| 37 | 37 | | qualifications established by subsection 4 of this section. 17 |
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| 38 | 38 | | If the election authority determines that a challenger does 18 |
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| 39 | 39 | | not meet the qualifications of subsection 4 of this section, 19 |
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| 40 | 40 | | the designating party chair may designate a replacement 20 |
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| 41 | 41 | | challenger and provide the local election authority with the 21 |
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| 42 | 42 | | name of the replacement challenge r before 5:00 p.m. of the 22 |
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| 43 | 43 | | Monday preceding the election. The designating chair may 23 |
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| 44 | 44 | | substitute challengers at his or her discretion during such 24 |
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| 45 | 45 | | hours. 25 |
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| 46 | 46 | | 2. Challenges may only be made when the challenger 26 |
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| 47 | 47 | | believes the election laws of this state hav e been or will 27 |
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| 48 | 48 | | be violated, and each challenger shall report any such 28 |
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| 49 | 49 | | belief to the election judges, or to the election authority 29 |
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| 50 | 50 | | if not satisfied with the decision of the election judges. 30 |
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| 51 | 51 | | 3. Prior to the close of the polls, challengers may 31 |
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| 52 | 52 | | list and give out the names of those who have voted. The 32 |
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| 53 | 53 | | listing and giving out of names of those who have voted by a 33 |
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| 54 | 54 | | challenger shall not be considered giving information 34 |
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| 55 | 55 | | tending to show the state of the count. 35 |
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| 56 | 56 | | 4. In a presidential primary election, challengers may 36 |
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| 57 | 57 | | collect information about the party ballot selected by the 37 |
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| 58 | 58 | | voter and may disclose party affiliation information after 38 |
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| 59 | 59 | | the polls close. 39 |
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| 60 | 60 | | 5. All persons selected as challengers shall have the 40 |
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| 61 | 61 | | same qualifications required by section 1 15.085 for election 41 |
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| 62 | 62 | | judges, except that such challenger shall be a registered 42 |
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| 63 | 63 | | voter in the jurisdiction of the election authority for 43 |
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| 64 | 64 | | which the challenger is designated as a challenger. 44 |
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| 65 | 65 | | [5.] 6. Any challenge by a challenger to a voter's 45 |
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| 66 | 66 | | identification for validity shall be made only to the 46 SB 1480 3 |
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| 67 | 67 | | election judges or other election authority. If the poll 47 |
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| 68 | 68 | | challenger is not satisfied with the decision of the 48 |
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| 69 | 69 | | election judges, then he or she may report his or her belief 49 |
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| 70 | 70 | | that the election laws of this stat e have been or will be 50 |
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| 71 | 71 | | violated to the election authority as allowed under this 51 |
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| 72 | 72 | | section. 52 |
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| 73 | 73 | | 115.121. 1. The general election day shall be the 1 |
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| 74 | 74 | | first Tuesday after the first Monday in November of even - 2 |
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| 75 | 75 | | numbered years. 3 |
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| 76 | 76 | | 2. The primary election day shall be the first Tuesday 4 |
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| 77 | 77 | | after the first Monday in [August] February of even-numbered 5 |
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| 78 | 78 | | years. 6 |
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| 79 | 79 | | 3. The election day for the election of political 7 |
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| 80 | 80 | | subdivision and special district officers shall be the first 8 |
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| 81 | 81 | | Tuesday after the first M onday in April each year, and shall 9 |
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| 82 | 82 | | be known as the general municipal election day. 10 |
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| 83 | 83 | | 115.123. 1. All public elections shall be held on 1 |
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| 84 | 84 | | Tuesday. Except as provided in subsection 2 of this 2 |
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| 85 | 85 | | section, and section 247.180, all public elec tions shall be 3 |
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| 86 | 86 | | held on the general election day, the primary election day, 4 |
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| 87 | 87 | | the general municipal election day, the first Tuesday after 5 |
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| 88 | 88 | | the first Monday in November, or on another day expressly 6 |
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| 89 | 89 | | provided by city or county charter, and in nonprimary years 7 |
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| 90 | 90 | | on the first Tuesday after the first Monday in [August] 8 |
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| 91 | 91 | | February. Bond elections may be held on the first Tuesday 9 |
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| 92 | 92 | | after the first Monday in February but no other issue shall 10 |
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| 93 | 93 | | be included on the ballot for such election. 11 |
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| 94 | 94 | | 2. Notwithstanding the pr ovisions of subsection 1 of 12 |
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| 95 | 95 | | this section to the contrary, an election for a presidential 13 |
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| 96 | 96 | | primary held under sections 115.755 to 115.785 shall be held 14 |
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| 97 | 97 | | on the first Tuesday in February of each presidential 15 |
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| 98 | 98 | | election year. 16 SB 1480 4 |
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| 99 | 99 | | 3. The following elections shall be exempt from the 17 |
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| 100 | 100 | | provisions of subsection 1 of this section: 18 |
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| 101 | 101 | | (1) Bond elections necessitated by fire, vandalism or 19 |
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| 102 | 102 | | natural disaster; 20 |
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| 103 | 103 | | (2) Elections for which ownership of real property is 21 |
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| 104 | 104 | | required by law for voting; 22 |
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| 105 | 105 | | (3) Special elections to fill vacancies and to decide 23 |
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| 106 | 106 | | tie votes or election contests; and 24 |
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| 107 | 107 | | (4) Tax elections necessitated by a financial hardship 25 |
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| 108 | 108 | | due to a five percent or greater decline in per -pupil state 26 |
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| 109 | 109 | | revenue to a school district from the previous year. 27 |
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| 110 | 110 | | [3.] 4. Nothing in this section prohibits a charter 28 |
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| 111 | 111 | | city or county from having its primary election in March if 29 |
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| 112 | 112 | | the charter provided for a March primary before August 28, 30 |
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| 113 | 113 | | 1999. 31 |
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| 114 | 114 | | [4.] 5. Nothing in this section shall prohibit 32 |
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| 115 | 115 | | elections held pursuant to section 65.600, but no other 33 |
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| 116 | 116 | | issues shall be on the March ballot except pursuant to this 34 |
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| 117 | 117 | | chapter. 35 |
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| 118 | 118 | | 115.341. For the nomination of candidates to be 1 |
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| 119 | 119 | | elected at the next general election, a primary election 2 |
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| 120 | 120 | | shall be held on the first Tuesday after the first Monday in 3 |
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| 121 | 121 | | [August] February of even-numbered years. 4 |
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| 122 | 122 | | 115.351. No person who files as a party candidate for 1 |
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| 123 | 123 | | nomination or election to an office shall, without 2 |
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| 124 | 124 | | withdrawing, file as another party's candida te or an 3 |
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| 125 | 125 | | independent candidate for nomination or election to the 4 |
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| 126 | 126 | | office for the same term. No person who files as an 5 |
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| 127 | 127 | | independent candidate for election to an office shall, 6 |
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| 128 | 128 | | without withdrawing, file as a party candidate for 7 |
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| 129 | 129 | | nomination or election to t he office for the same term. No 8 |
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| 130 | 130 | | person shall file for one office and, without withdrawing, 9 SB 1480 5 |
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| 131 | 131 | | file for another office to be filled at the same election. 10 |
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| 132 | 132 | | A person who files a request to be included on the 11 |
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| 133 | 133 | | presidential primary ballot is not prohibited by this 12 |
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| 134 | 134 | | section from filing or appearing on any ballot as a party 13 |
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| 135 | 135 | | candidate for nomination to another office. Receipt by the 14 |
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| 136 | 136 | | secretary of state of proper certification of nomination 15 |
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| 137 | 137 | | pursuant to subsection 1 of section 115.399 constitutes 16 |
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| 138 | 138 | | withdrawal by operation of law pursuant to subsection 1 of 17 |
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| 139 | 139 | | section 115.359 of any presidential or vice presidential 18 |
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| 140 | 140 | | nominee from any other office for which such nominee is a 19 |
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| 141 | 141 | | candidate at the same election. Any person violating any 20 |
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| 142 | 142 | | provision of this section shall be disqualified from running 21 |
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| 143 | 143 | | for nomination or election to any office at the primary and 22 |
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| 144 | 144 | | general election next succeeding the violation. 23 |
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| 145 | 145 | | 115.755. A statewide presidential preference primary 1 |
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| 146 | 146 | | shall be held on the first Tuesday in February of each 2 |
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| 147 | 147 | | presidential election year. 3 |
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| 148 | 148 | | 115.758. On or before the tenth Tuesday prior to the 1 |
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| 149 | 149 | | date of the presidential preference primary, the secretary 2 |
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| 150 | 150 | | of state shall announce the official list of presidential 3 |
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| 151 | 151 | | candidates for each estab lished political party as provided 4 |
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| 152 | 152 | | in section 115.761. 5 |
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| 153 | 153 | | 115.761. 1. The official list of presidential 1 |
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| 154 | 154 | | candidates for each established political party shall 2 |
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| 155 | 155 | | include the names of all constitutionally qualified 3 |
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| 156 | 156 | | candidates for whom, on or after 8:00 a.m. on the fifteenth 4 |
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| 157 | 157 | | Tuesday prior to the presidential primary, and on or before 5 |
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| 158 | 158 | | 5:00 p.m., on the eleventh Tuesday prior to the presidential 6 |
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| 159 | 159 | | primary, a written request to be included on the 7 |
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| 160 | 160 | | presidential primary ballot is filed with the secretary of 8 |
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| 161 | 161 | | state along with: 9 SB 1480 6 |
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| 162 | 162 | | (1) Receipt of payment to the state committee of the 10 |
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| 163 | 163 | | established political party on whose ballot the candidate 11 |
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| 164 | 164 | | wishes to appear of a filing fee of five thousand dollars; or 12 |
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| 165 | 165 | | (2) A written statement, sworn to bef ore an officer 13 |
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| 166 | 166 | | authorized by law to administer oaths, that the candidate is 14 |
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| 167 | 167 | | unable to pay the filing fee and does not have funds in a 15 |
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| 168 | 168 | | campaign fund or committee to pay the filing fee and a 16 |
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| 169 | 169 | | petition signed by not less than five thousand registered 17 |
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| 170 | 170 | | Missouri voters, as determined by the secretary of state, 18 |
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| 171 | 171 | | that the candidate's name be placed on the ballot of the 19 |
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| 172 | 172 | | specified established political party for the presidential 20 |
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| 173 | 173 | | preference primary. The request to be included on the 21 |
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| 174 | 174 | | presidential primary ballot shall include each signer's 22 |
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| 175 | 175 | | printed name, registered address, and signature and shall be 23 |
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| 176 | 176 | | in substantially the following form: 24 |
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| 177 | 177 | | 2. The state or national party organization of an 30 |
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| 178 | 178 | | established political p arty that adopts rules imposing 31 |
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| 179 | 179 | | signature requirements to be met before a candidate can be 32 |
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| 180 | 180 | | listed as an official candidate shall notify the secretary 33 |
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| 181 | 181 | | of state by October first of the year preceding the 34 |
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| 182 | 182 | | presidential primary. 35 |
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| 183 | 183 | | 3. Any candidate or such candidate's authorized 36 |
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| 184 | 184 | | representative may have such candidate's name stricken from 37 |
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| 185 | 185 | | the presidential primary ballot by filing with the secretary 38 |
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| 186 | 186 | | of state on or before 5:00 p.m. on the eleventh Tuesday 39 |
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| 187 | 187 | | prior to the presidential primary election a writ ten 40 |
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| 188 | 188 | | 25 |
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| 189 | 189 | | 26 |
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| 190 | 190 | | 27 |
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| 191 | 191 | | 28 |
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| 192 | 192 | | 29 |
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| 193 | 193 | | I (We) the undersigned, do hereby request that the |
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| 194 | 194 | | name of ______ be placed upon the Feb ruary ______, |
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| 195 | 195 | | ______, presidential primary ballot as candidate |
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| 196 | 196 | | for nomination as the nominee for President of the |
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| 197 | 197 | | United States on the ______ party ticket. |
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| 198 | 198 | | SB 1480 7 |
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| 199 | 199 | | statement, sworn to before an officer authorized by law to 41 |
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| 200 | 200 | | administer oaths, requesting that such candidate's name not 42 |
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| 201 | 201 | | be printed on the official primary ballot. Thereafter, the 43 |
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| 202 | 202 | | secretary of state shall not include the name of that 44 |
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| 203 | 203 | | candidate in the official list announced pursuant to section 45 |
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| 204 | 204 | | 115.758 or in the certified list of candidates transmitted 46 |
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| 205 | 205 | | pursuant to section 115.765. 47 |
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| 206 | 206 | | 4. The filing times set out in this section shall only 48 |
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| 207 | 207 | | apply to presidential preference primaries, and are in li eu 49 |
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| 208 | 208 | | of those established in section 115.349. 50 |
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| 209 | 209 | | 115.765. On or before the tenth Tuesday prior to a 1 |
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| 210 | 210 | | presidential preference primary, the secretary of state 2 |
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| 211 | 211 | | shall transmit to each election authority a certified list 3 |
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| 212 | 212 | | containing the names of all candidates whose names shall 4 |
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| 213 | 213 | | appear on the presidential preference primary ballot of each 5 |
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| 214 | 214 | | party. The names of the candidates shall appear in the 6 |
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| 215 | 215 | | order in which their request to be included on the 7 |
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| 216 | 216 | | presidential primary ballot was received in the office of 8 |
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| 217 | 217 | | the secretary of state, except that, in the case of 9 |
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| 218 | 218 | | candidates who file a request to be included on the 10 |
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| 219 | 219 | | presidential primary ballot with the secretary of state 11 |
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| 220 | 220 | | prior to 5:00 p.m. on the first day for filing, the 12 |
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| 221 | 221 | | secretary of state shall det ermine by random drawing the 13 |
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| 222 | 222 | | order in which such candidates' names shall appear on the 14 |
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| 223 | 223 | | ballot. The drawing shall be conducted so that each 15 |
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| 224 | 224 | | candidate, or candidate's representative, may draw a number 16 |
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| 225 | 225 | | at random at the time of filing. The secretary of state 17 |
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| 226 | 226 | | shall record the number drawn with the candidate's request 18 |
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| 227 | 227 | | to be included on the presidential primary ballot. The 19 |
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| 228 | 228 | | names of candidates filing on the first day for filing on 20 |
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| 229 | 229 | | each party ballot shall be listed in ascending order of the 21 |
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| 230 | 230 | | numbers so drawn. 22 SB 1480 8 |
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| 231 | 231 | | 115.767. Each election authority shall cause the name 1 |
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| 232 | 232 | | of candidates certified by the secretary of state to appear 2 |
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| 233 | 233 | | on the presidential preference primary ballot of each party, 3 |
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| 234 | 234 | | followed by a listing for an uncommitted vote. 4 |
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| 235 | 235 | | 115.770. The conduct of the presidential preference 1 |
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| 236 | 236 | | primary election and the count and canvass of the votes cast 2 |
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| 237 | 237 | | therein shall conform as nearly as is practicable to that 3 |
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| 238 | 238 | | prescribed for the conduct of the primary election for state 4 |
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| 239 | 239 | | officers. All primary election laws not inconsistent with 5 |
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| 240 | 240 | | the provisions of sections 115.750 to 115.785 shall be 6 |
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| 241 | 241 | | applicable to the conduct of this election, and the form of 7 |
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| 242 | 242 | | the ballot insofar as is practicable shall be substantially 8 |
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| 243 | 243 | | as that prescribed by section 115.395. In a presidential 9 |
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| 244 | 244 | | preference primary, each voter shall be entitled to receive 10 |
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| 245 | 245 | | the ballot of one and only one established political party, 11 |
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| 246 | 246 | | designated by the voter before receiving such voter's 12 |
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| 247 | 247 | | ballot. Each voter who participates in a presidential 13 |
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| 248 | 248 | | preference primary shall be entitled to vote on all 14 |
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| 249 | 249 | | questions and for any candidates submitted by political 15 |
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| 250 | 250 | | subdivisions and special districts at the general municipal 16 |
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| 251 | 251 | | election. Each voter who does not wish to participate in a 17 |
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| 252 | 252 | | presidential preference primary may vote on all questions 18 |
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| 253 | 253 | | and for any candidates submitted by a political subdivision 19 |
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| 254 | 254 | | or special district. 20 |
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| 255 | 255 | | 115.773. After the count and canvass of the votes 1 |
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| 256 | 256 | | cast, the secretary of state shall notify the sta te chair of 2 |
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| 257 | 257 | | each of the established political parties for whom a 3 |
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| 258 | 258 | | candidate was listed of the number of votes recorded in that 4 |
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| 259 | 259 | | established political party's primary that each candidate 5 |
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| 260 | 260 | | and uncommitted listing received. 6 |
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| 261 | 261 | | 115.776. The state party organization which is the 1 |
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| 262 | 262 | | state organization recognized by the national organization 2 SB 1480 9 |
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| 263 | 263 | | of that established political party shall, after the primary 3 |
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| 264 | 264 | | and before the national convention, conduct a series of 4 |
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| 265 | 265 | | caucuses culminating in congressional a nd state conventions 5 |
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| 266 | 266 | | [for the purpose of nominating a candidate for the president 6 |
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| 267 | 267 | | of the United States ]. Delegates to the national 7 |
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| 268 | 268 | | conventions shall be chosen at the congressional district 8 |
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| 269 | 269 | | and state conventions pursuant to rules established by the 9 |
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| 270 | 270 | | political parties. 10 |
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| 271 | 271 | | 115.785. All costs of a presidential preference 1 |
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| 272 | 272 | | primary shall be paid by the state, except that, pursuant to 2 |
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| 273 | 273 | | section 115.065, costs shall be shared proportionately by 3 |
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| 274 | 274 | | the state and any political subdivisions and spec ial 4 |
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| 275 | 275 | | districts holding an election on the same day as any such 5 |
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| 276 | 276 | | primary. For any county with more than five hundred polling 6 |
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| 277 | 277 | | places, the state shall assist in assuring adequate poll 7 |
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| 278 | 278 | | workers and equipment. 8 |
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| 279 | 279 | | 115.904. The voting procedure s in sections 115.900 to 1 |
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| 280 | 280 | | 115.936 shall apply to: 2 |
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| 281 | 281 | | (1) A general, special, presidential preference, or 3 |
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| 282 | 282 | | primary election for federal office; 4 |
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| 283 | 283 | | (2) A general, special, or primary election for 5 |
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| 284 | 284 | | statewide or state legislative office or state ballot 6 |
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| 285 | 285 | | measure; or 7 |
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| 286 | 286 | | (3) Any election in which absentee voting is conducted 8 |
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| 287 | 287 | | pursuant to sections 115.275 to 115.304. 9 |
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| 288 | 288 | | Section B. Section A of this act shall become 1 |
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| 289 | 289 | | effective January 1, 2025. 2 |
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| 290 | 290 | | |
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