Missouri 2024 Regular Session

Missouri Senate Bill SB724 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. 724
6	6	102ND GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR HOSKINS.
8	8	4188S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 115.642, RSMo, and to enact in lieu thereof one new section relating to election
11	11	crimes, with an effective date.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 115.642, RSMo, is repealed and one new 1
15	15	section enacted in lieu thereof, to be known as section 115.642, 2
16	16	to read as follows:3
17	17	115.642. 1. [Any person may file a complaint with the 1
18	18	secretary of state stating the name of any person who has 2
19	19	violated any of the provisions of sections 115.629 to 3
20	20	115.646 and stating the facts of the alleged offense, sworn 4
21	21	to, under penalty of perjury. ] There is hereby created the 5
22	22	"Office of Election Crimes and Security" within the office 6
23	23	of the secretary of state. The secretary of state shall 7
24	24	employ a director and investigators within the office, 8
25	25	subject to appropriation. The office shall have the 9
26	26	following duties: 10
27	27	(1) Responding to notifications and complaints 11
28	28	alleging a violation of this chapter; 12
29	29	(2) Reviewing notices and reports of alleged 13
30	30	violations of this chapter and conducting investigations as 14
31	31	deemed necessary; 15
32	32	(3) Initiating independent inquiries and conducting 16
33	33	investigations into alleged violations of this chapter; and 17
34	34	(4) Overseeing a voter fraud hotline. 18 SB 724 2
35	35	2. The office shall review complaints and conduct 19
36	36	investigations into alleged violations of this chapter or 20
37	37	any rule adopted under this chapter. Within thirty days of 21
38	38	receiving a complaint, the [secretary of state] office shall 22
39	39	notify the person filing the complaint whether or not the 23
40	40	[secretary] office has dismissed the complaint or will 24
41	41	commence an investigation. The [secretary of state] office 25
42	42	shall dismiss frivolous complaints. For purposes of this 26
43	43	subsection, "frivolous complaint" shall mean an allegation 27
44	44	clearly lacking any basis in fact or law. [Any person who 28
45	45	makes a frivolous complaint pur suant to this section shall 29
46	46	be liable for actual and compensatory damages to the alleged 30
47	47	violator for holding the alleged violator before the public 31
48	48	in a false light. If reasonable grounds appear that the 32
49	49	alleged offense was committed, the secretary o f state may 33
50	50	issue a probable cause statement. If the secretary of state 34
51	51	issues a probable cause statement, he or she may refer the 35
52	52	offense to the appropriate prosecuting attorney. ] 36
53	53	3. [Notwithstanding the provisions of section 27.060, 37
54	54	56.060, or 56.430 to the contrary, when requested by the 38
55	55	prosecuting attorney or circuit attorney, the secretary of 39
56	56	state or his or her authorized representatives may aid any 40
57	57	prosecuting attorney or circuit attorney in the commencement 41
58	58	and prosecution of electio n offenses as provided in sections 42
59	59	115.629 to 115.646. 43
60	60	4. (1) The secretary of state may investigate any 44
61	61	suspected violation of any of the provisions of sections 45
62	62	115.629 to 115.646. 46
63	63	(2) (a) The secretary of state or an authorized 47
64	64	representative of the secretary of state ] (1) For the 48
65	65	purposes of this section, the office shall have the power to 49
66	66	require the production of books, papers, correspondence, 50 SB 724 3
67	67	memoranda, contracts, agreements, and other records by 51
68	68	subpoena or otherwise when nece ssary to conduct an 52
69	69	investigation under this section. [Such powers shall be 53
70	70	exercised only at the specific written direction of the 54
71	71	secretary of state or his or her chief deputy. ] 55
72	72	Notwithstanding any other provision of law to the contrary, 56
73	73	investigators conducting an investigation into an alleged 57
74	74	violation of this chapter shall not be restricted from 58
75	75	entering a polling place or the office of the election 59
76	76	authority under investigation. 60
77	77	[(b)] (2) If any person refuses to comply with a 61
78	78	subpoena issued under subdivision (1) of this subsection, 62
79	79	the secretary of state may seek to enforce the subpoena 63
80	80	before a court of competent jurisdiction to require the 64
81	81	production of books, papers, correspondence, memoranda, 65
82	82	contracts, agreements, and other r ecords. The court may 66
83	83	issue an order requiring the person to produce records 67
84	84	relating to the matter under investigation or in question. 68
85	85	Any person who fails to comply with the order may be held in 69
86	86	contempt of court. 70
87	87	[(c) The provisions of this subdivision shall expire 71
88	88	on August 28, 2025.] 72
89	89	4. If, during the course of an investigation, the 73
90	90	office determines that there may be a violation of any 74
91	91	criminal law or a provision of this chapter, the findings of 75
92	92	the investigation shall be submitt ed to the attorney general 76
93	93	and the prosecuting or circuit attorney with jurisdiction 77
94	94	for further investigation or prosecution. This section 78
95	95	shall not limit the jurisdiction of any other office or 79
96	96	agency of the state to investigate violations of this 80
97	97	chapter or any rule adopted under this chapter. 81 SB 724 4
98	98	5. (1) Before January fifteenth of each year, the 82
99	99	office shall submit a report to the governor, the speaker of 83
100	100	the house of representatives, the president pro tempore of 84
101	101	the senate, and the house of representatives and senate 85
102	102	committees with jurisdiction over elections that details 86
103	103	each investigation of alleged violations of this chapter 87
104	104	conducted during the previous calendar year. The report 88
105	105	shall include the following: 89
106	106	(a) The total number of complaints received; 90
107	107	(b) The number of independent investigations initiated 91
108	108	or dismissed; and 92
109	109	(c) The number of complaints referred to another 93
110	110	agency for further investigation or prosecution. 94
111	111	(2) For each complaint or investigatio n listed in 95
112	112	subdivision (1) of this subsection, the report shall detail: 96
113	113	(a) The source of the alleged violation; 97
114	114	(b) The law or rule allegedly violated and the nature 98
115	115	of the alleged violation; 99
116	116	(c) The county in which the alleged violat ion occurred; 100
117	117	(d) Whether the alleged violation was dismissed or 101
118	118	referred to another agency for further investigation or 102
119	119	prosecution and if so, to which agency; and 103
120	120	(e) The current status of the investigation or 104
121	121	resulting criminal case. 105
122	122	6. The attorney general shall have statewide 106
123	123	investigative authority and shall have concurrent authority 107
124	124	with the appropriate prosecuting or circuit attorney over 108
125	125	all violations of the provisions of sections 115.629 to 109
126	126	115.646. 110
127	127	Section B. Section A of this act shall become 1
128	128	effective January 1, 2025. 2
129	129	