Missouri 2024 Regular Session

Missouri Senate Bill SB832 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. 832
6	6	102ND GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR EIGEL.
8	8	4030S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 115.013, 115.045, 115.051, 115.065, 115.076, 115.081, 115.157, 115.158,
11	11	115.225, 115.227, 115.229, 115.230, 115.233, 115.235, 115.237, 115.249, 115.255,
12	12	115.257, 115.259, 115.261, 115.263, 115.265, 115.267, 115.269, 115.271, 115.273,
13	13	115.287, 115.415, 115.417, 115.419, 115.421, 115.423, 115.430, 115.433, 115.436,
14	14	115.439, 115.443, 115.447, 115.449, 115.451, 115.456, 115.459, 115.461, 115.467,
15	15	115.469, 115.471, 115.473, 115.475, 115.477, 115.479, 115.481, 115.483, 115.493,
16	16	115.495, 115.501, 115.503, 115.527, 115.531, 115.541, 115.553, 115.585, 115.631,
17	17	115.633, and 115.655, RSMo, and to enact in lieu thereof forty new sections relating
18	18	to elections, with penalty provisions and an effective date.
19	19
20	20	Be it enacted by the General Assembly of the State of Missouri, as follows:
21	21	Section A. Sections 115.013, 115.045, 115.051, 115.065, 1
22	22	115.076, 115.081, 115.157, 115.158, 115.225, 115.227, 115.229, 2
23	23	115.230, 115.233, 115.235, 115.237, 115.249, 115.255, 115.257, 3
24	24	115.259, 115.261, 115.263, 115.265, 115.267, 115.269, 115.271, 4
25	25	115.273, 115.287, 115.415, 115.417, 115.419, 115.421, 115.423, 5
26	26	115.430, 115.433, 115.436, 115. 439, 115.443, 115.447, 115.449, 6
27	27	115.451, 115.456, 115.459, 115.461, 115.467, 115.469, 115.471, 7
28	28	115.473, 115.475, 115.477, 115.479, 115.481, 115.483, 115.493, 8
29	29	115.495, 115.501, 115.503, 115.527, 115.531, 115.541, 115.553, 9
30	30	115.585, 115.631, 115.633, and 115. 655, RSMo, are repealed and 10
31	31	forty new sections enacted in lieu thereof, to be known as 11
32	32	sections 28.900, 115.013, 115.045, 115.051, 115.065, 115.076, 12
33	33	115.081, 115.157, 115.158, 115.225, 115.226, 115.230, 115.237, 13
34	34	115.287, 115.415, 115.417, 115.419, 115.421, 115.423, 115.430, 14
35	35	115.433, 115.436, 115.439, 115.443, 115.447, 115.449, 115.451, 15
36	36	115.456, 115.459, 115.461, 115.493, 115.501, 115.527, 115.531, 16 SB 832 2
37	37	115.541, 115.553, 115.585, 115.631, 115.633, and 115.655, to 17
38	38	read as follows:18
39	39	28.900. The secretary of state, including any deputy 1
40	40	or employee thereof, shall not enter into any contract with 2
41	41	a foreign entity on behalf of the office of the secretary of 3
42	42	state or the state of Missouri that would aid in 4
43	43	administering any provision of chapter 115 or chapter 1 16. 5
44	44	115.013. As used in this chapter, unless the context 1
45	45	clearly implies otherwise, the following terms mean: 2
46	46	(1) ["Air-gap" or "air-gapped", a security measure in 3
47	47	which equipment is physically and technically isolated from 4
48	48	any network and is not directly connected to the internet 5
49	49	nor is it connected to any other system that is connected to 6
50	50	the internet. Data can only be passed to an air -gapped 7
51	51	device physically via a USB or other removable media; 8
52	52	(2) "Automatic tabulating equipment", the apparatus 9
53	53	necessary to examine and automatically count votes, and the 10
54	54	data processing machines which are used for counting votes 11
55	55	and tabulating results and which are air -gapped and not 12
56	56	physically able to be connected to a network; 13
57	57	(3)] "Ballot", the paper ballot[, or ballot designed 14
58	58	for use with an electronic voting system ] on which each 15
59	59	voter may cast all votes to which he or she is entitled at 16
60	60	an election; 17
61	61	[(4)] (2) "Ballot label", the card, paper, booklet, 18
62	62	page, or other material containing the names of all offices 19
63	63	and candidates and statements of all questions to be voted 20
64	64	on; 21
65	65	[(5)] (3) "Counting location", a location selected by 22
66	66	the election authority for the automatic processing or 23
67	67	counting, or both, o f ballots; 24
68	68	[(6)] (4) "County", any county in this state or any 25
69	69	city not within a county; 26 SB 832 3
70	70	[(7)] (5) "Disqualified", a determination made by a 27
71	71	court of competent jurisdiction, the Missouri ethics 28
72	72	commission, an election authority or any other body 29
73	73	authorized by law to make such a determination that a 30
74	74	candidate is ineligible to hold office or not entitled to be 31
75	75	voted on for office; 32
76	76	[(8)] (6) "District", an area within the state or 33
77	77	within a political subdivision of the state from which a 34
78	78	person is elected to represent the area on a policy -making 35
79	79	body with representatives of other areas in the state or 36
80	80	political subdivision; 37
81	81	[(9) "Electronic voting machine", any part of an air - 38
82	82	gapped electronic voting system on which a voter is able to 39
83	83	cast a ballot under this chapter; 40
84	84	(10) "Electronic voting system", a system of casting 41
85	85	votes by use of marking devices, and counting votes by use 42
86	86	of automatic air-gapped tabulating or air -gapped data 43
87	87	processing equipment, including comput erized voting systems 44
88	88	that mark or tabulate ballots; 45
89	89	(11)] (7) "Established political party" for the state, 46
90	90	a political party which, at either of the last two general 47
91	91	elections, polled for its candidate for any statewide office 48
92	92	more than two percent of the entire vote cast for the 49
93	93	office. "Established political party" for any district or 50
94	94	political subdivision shall mean a political party which 51
95	95	polled more than two percent of the entire vote cast at 52
96	96	either of the last two elections in which th e district or 53
97	97	political subdivision voted as a unit for the election of 54
98	98	officers or representatives to serve its area; 55
99	99	[(12)] (8) "Federal office", the office of 56
100	100	presidential elector, United States senator, or 57
101	101	representative in Congress; 58 SB 832 4
102	102	[(13)] (9) "Independent", a candidate who is not a 59
103	103	candidate of any political party and who is running for an 60
104	104	office for which political party candidates may run; 61
105	105	[(14)] (10) "Major political party", the political 62
106	106	party whose candidates received the highest or second 63
107	107	highest number of votes at the last general election; 64
108	108	[(15) "Marking device", any device approved by the 65
109	109	secretary of state under section 115.225 which will enable 66
110	110	the votes to be counted by automatic tabulating equipment; 67
111	111	(16)] (11) "Municipal" or "municipality", a city, 68
112	112	village, or incorporated town of this state; 69
113	113	[(17)] (12) "New party", any political group which has 70
114	114	filed a valid petition and is entitled to place its list of 71
115	115	candidates on the ballot at the next general or special 72
116	116	election; 73
117	117	[(18)] (13) "Nonpartisan", a candidate who is not a 74
118	118	candidate of any political party and who is running for an 75
119	119	office for which party candidates may not run; 76
120	120	[(19)] (14) "Political party", any established 77
121	121	political party and any new party; 78
122	122	[(20)] (15) "Political subdivision", a county, city, 79
123	123	town, village, or township of a township organization county; 80
124	124	[(21)] (16) "Polling place", the voting place 81
125	125	designated for all voters residing in one or more p recincts 82
126	126	for any election; 83
127	127	[(22)] (17) "Precincts", the geographical areas into 84
128	128	which the election authority divides its jurisdiction for 85
129	129	the purpose of conducting elections; 86
130	130	[(23)] (18) "Public office", any office established by 87
131	131	constitution, statute or charter and any employment under 88
132	132	the United States, the state of Missouri, or any political 89
133	133	subdivision or special district thereof, but does not 90 SB 832 5
134	134	include any office in the Missouri state defense force or 91
135	135	the National Guard or the office of notary public or city 92
136	136	attorney in cities of the third classification or cities of 93
137	137	the fourth classification; 94
138	138	[(24)] (19) "Question", any measure on the ballot 95
139	139	which can be voted "YES" or "NO"; 96
140	140	[(25)] (20) "Relative within the second degre e by 97
141	141	consanguinity or affinity", a spouse, parent, child, 98
142	142	grandparent, brother, sister, grandchild, mother -in-law, 99
143	143	father-in-law, daughter-in-law, or son-in-law; 100
144	144	[(26)] (21) "Special district", any school district, 101
145	145	water district, fire protection district, hospital district, 102
146	146	health center, nursing district, or other districts with 103
147	147	taxing authority, or other district formed pursuant to the 104
148	148	laws of Missouri to provide limited, specific services; 105
149	149	[(27)] (22) "Special election", elections cal led by 106
150	150	any school district, water district, fire protection 107
151	151	district, or other district formed pursuant to the laws of 108
152	152	Missouri to provide limited, specific services; and 109
153	153	[(28)] (23) "Voting district", the one or more 110
154	154	precincts within which all v oters vote at a single polling 111
155	155	place for any election. 112
156	156	115.045. Each election authority shall have the 1
157	157	authority to employ such attorneys and other employees as 2
158	158	may be necessary to promptly and correctly perform the 3
159	159	duties of the election authority. Where [an electronic 4
160	160	voting system or] voting machines authorized under section 5
161	161	115.226 are used, the election authority shall designate 6
162	162	competent employees to have custody of and supervise 7
163	163	maintenance of the voting equipment. Board of election 8
164	164	commissioners' employees shall be subject to the same 9
165	165	restrictions and subscribe the same oath as members of the 10 SB 832 6
166	166	board of election commissioners, except that no employee of 11
167	167	a board of election commissioners shall be required to post 12
168	168	bond or reside and be a registered voter within the 13
169	169	jurisdiction of the election authority unless directed to do 14
170	170	so by the board. Employee oaths and any bonds shall be 15
171	171	filed and preserved in the office of the board. 16
172	172	115.051. 1. In each county which does not have a 1
173	173	board of election commissioners, the county clerk shall have 2
174	174	the right to employ such deputies and assistants as are 3
175	175	necessary to promptly and correctly register voters and 4
176	176	conduct elections. Where [an electronic voting sy stem or] 5
177	177	voting machines authorized under section 115.226 are used, 6
178	178	the county clerk shall designate competent employees to have 7
179	179	custody of and supervise maintenance of the voting 8
180	180	equipment. Each deputy shall be subject to the same 9
181	181	restrictions and subscribe the same oath as the county 10
182	182	clerk, except that no employee shall be required to post 11
183	183	bond or reside and be a registered voter within the 12
184	184	jurisdiction of the election authority unless directed to do 13
185	185	so by the clerk. Employee oaths and any bond s shall be 14
186	186	filed and preserved in the office of the county clerk. 15
187	187	2. Within the total amount for deputies and assistants 16
188	188	approved by the county commission, the salary of each deputy 17
189	189	and assistant shall be set by the county clerk. 18
190	190	115.065. 1. Except as provided in sections 115.069, 1
191	191	115.071, 115.073 and 115.077, when any question or candidate 2
192	192	is submitted to a vote by two or more political subdivisions 3
193	193	or special districts, or by the state and one or more 4
194	194	political subdivisio ns or special districts at the same 5
195	195	election, all costs of the election shall be paid 6
196	196	proportionally from the general revenues of the state and 7
197	197	all political subdivisions and special districts submitting 8 SB 832 7
198	198	a question or candidate at the election, except that costs 9
199	199	of publications of legal notice of elections shall not be 10
200	200	paid proportionally. The state and each political 11
201	201	subdivision and each special district shall pay for 12
202	202	publication of its legal notice of election. At the 13
203	203	discretion of the election authority, ballot printing costs, 14
204	204	if any, may be paid proportionally or the state and each 15
205	205	political subdivision and each special district may pay for 16
206	206	such ballot printing costs, if any. 17
207	207	2. Except as provided in sections 115.069, 115.071 and 18
208	208	115.073, when any question or candidate is submitted to a 19
209	209	vote by two or more political subdivisions or special 20
210	210	districts at the same election, all costs of the election 21
211	211	shall be paid proportionally from the general revenues of 22
212	212	all political subdivisions and special districts submitting 23
213	213	a question or candidate at the election. 24
214	214	3. Proportional election costs paid under the 25
215	215	provisions of subsection 2 of this section shall be assessed 26
216	216	by charging each political subdivision and special district 27
217	217	the same percentage of the total cost of the election as the 28
218	218	number of registered voters of the political subdivision or 29
219	219	special district on the day of the election is to the total 30
220	220	number of registered voters on the day of the election, 31
221	221	derived by adding to gether the number of registered voters 32
222	222	in each political subdivision and special district 33
223	223	submitting a question or candidate at the election. 34
224	224	4. "Proportional costs" and "election costs", as used 35
225	225	in this chapter, are defined as those costs that re quire 36
226	226	additional out-of-pocket expense by the election authority 37
227	227	in conducting an election. It may include reimbursement to 38
228	228	county general revenue for the salaries of employees of the 39
229	229	election authority for the hours worked to conduct an 40 SB 832 8
230	230	election, the rental of any [electronic] voting machine 41
231	231	authorized under section 115.226 or electronic poll book, 42
232	232	any indirect expenses identified under an independent cost 43
233	233	allocation study and an amount not to exceed five percent of 44
234	234	the total cost of election to be credited to the election 45
235	235	services fund of the county. The election services fund 46
236	236	shall be budgeted and expended at the direction of the 47
237	237	election authority and shall not be used to substitute for 48
238	238	or subsidize any allocation of general revenue for th e 49
239	239	operation of the election authority's office without the 50
240	240	express consent of the election authority. The election 51
241	241	services fund may be audited by the appropriate auditing 52
242	242	agency, and any unexpended balance shall be left in the fund 53
243	243	to accumulate from year to year with interest. The election 54
244	244	services fund shall be used by the election authority for 55
245	245	training programs and purchase of additional supplies or 56
246	246	equipment to improve the conduct of elections, including 57
247	247	anything necessarily pertaining ther eto. In addition to 58
248	248	these costs, the state shall, subject to appropriation, 59
249	249	compensate the election services fund for transactions 60
250	250	submitted pursuant to the provisions of section 115.157. 61
251	251	115.076. 1. (1) Subject to appropriation o f federal 1
252	252	funds, the secretary of state shall administer a grant, 2
253	253	loan, or other aid program for the purpose of providing 3
254	254	funds to election authorities: 4
255	255	[(1)] (a) To purchase electronic voting machines that 5
256	256	are accessible to all individuals with disabilities, 6
257	257	including people who are blind or visually impaired; 7
258	258	[(2)] (b) To make polling places, including path of 8
259	259	travel, entrances, exits and voting areas of each polling 9
260	260	facility accessible to individuals with disabilities, 10
261	261	including the blind and visually impaired, in a manner that 11 SB 832 9
262	262	provides the same opportunity for access and secret, 12
263	263	independent and verifiable participation, including privacy 13
264	264	and independence, as for other voters; 14
265	265	[(3)] (c) To provide individuals with disabilities and 15
266	266	individuals who are blind and visually impaired with 16
267	267	information about the accessibility of polling places, 17
268	268	including outreach programs to inform individuals about the 18
269	269	availability of accessible polling places and to train 19
270	270	election officials, pol l workers, and election volunteers on 20
271	271	how to best promote the access and participation of 21
272	272	individuals in elections, and to provide assistance in all 22
273	273	accommodations needed by voters with disabilities. 23
274	274	(2) Such funding may be in the form of matchi ng 24
275	275	grants. The secretary of state when awarding grants shall 25
276	276	give priority to jurisdictions which have the highest number 26
277	277	of residents, according to the most recent federal census, 27
278	278	with an income below the federal poverty level as 28
279	279	established by the federal Department of Health and Human 29
280	280	Services or its successor agency. The secretary of state 30
281	281	may promulgate rules to effectuate the provisions of this 31
282	282	section. 32
283	283	2. Any rule or portion of a rule, as that term is 33
284	284	defined in section 536.010, that is created under the 34
285	285	authority delegated in this section shall become effective 35
286	286	only if it complies with and is subject to all of the 36
287	287	provisions of chapter 536 and, if applicable, section 37
288	288	536.028. This section and chapter 536 are nonseverable and 38
289	289	if any of the powers vested with the general assembly 39
290	290	pursuant to chapter 536 to review, to delay the effective 40
291	291	date or to disapprove and annul a rule are subsequently held 41
292	292	unconstitutional, then the grant of rulemaking authority and 42 SB 832 10
293	293	any rule proposed or adopted after August 28, 2002, shall be 43
294	294	invalid and void. 44
295	295	115.081. 1. [Each election authority ] The committee 1
296	296	of each major political party shall appoint election judges 2
297	297	for each polling place within [its] each jurisdiction in 3
298	298	accordance with the provisions of this section. 4
299	299	2. In all [primary and general] elections, the 5
300	300	[election authority] committee of each major political party 6
301	301	shall appoint at least two judges [from each major political 7
302	302	party] to serve at each polling p lace. [The committee of 8
303	303	each major political party within the jurisdiction of an 9
304	304	election authority is authorized to provide the election 10
305	305	authority with a list of election judge candidates who meet 11
306	306	the requirements under section 115.085. ] The candidates 12
307	307	shall not be required to reside within the jurisdiction of 13
308	308	the election authority, as authorized under section 14
309	309	115.085. If a committee of a major political party within 15
310	310	the jurisdiction of an election authority fails to [provide] 16
311	311	appoint the prescribed number of [qualified names to fill 17
312	312	all] election [judge positions before the date established 18
313	313	by the election authority ] judges at least ninety days prior 19
314	314	to the election, the election authority may select judges to 20
315	315	fill the positions as provide d by law. If the election 21
316	316	authority determines that [a name submitted] an election 22
317	317	judge appointed by a committee of a major political party is 23
318	318	not qualified to serve as an election judge, the election 24
319	319	authority shall allow the party to [submit another name] 25
320	320	appoint another judge before filling the position as 26
321	321	provided by law. No major political party shall have a 27
322	322	majority of the judges at any polling place. No established 28
323	323	party shall have a greater number of judges at any polling 29
324	324	place than any major political party. 30 SB 832 11
325	325	3. [In any election that is not a primary or general 31
326	326	election, the election authority shall appoint at least one 32
327	327	judge from each major political party to serve at each 33
328	328	polling place. No major political party shall have a 34
329	329	majority of the judges at any polling place. No established 35
330	330	party shall have a greater number of judges at any polling 36
331	331	place than any major political party. 37
332	332	4.] The election authority shall designate two of the 38
333	333	judges appointed for each polling p lace, one from each major 39
334	334	political party, as supervisory judges. Supervisory judges 40
335	335	shall be responsible for the return of election supplies 41
336	336	from the polling place to the election authority and shall 42
337	337	have any additional duties prescribed by the elect ion 43
338	338	authority. 44
339	339	[5.] 4. Election judges may be employed to serve for 45
340	340	the first half or last half of any election day. Such 46
341	341	judges shall be paid one -half the regular rate of pay. If 47
342	342	part-time judges are employed, the election authority shall 48
343	343	employ such judges and shall see that a sufficient number 49
344	344	for each period are present at all times so as to have the 50
345	345	proper total number of judges present at each polling place 51
346	346	throughout each election day. The election authority shall 52
347	347	require that at each polling place at least one election 53
348	348	judge from each political party serve a full day and that at 54
349	349	all times during the day there be an equal number of 55
350	350	election judges from each political party. 56
351	351	[6.] 5. An election authority may appoint additiona l 57
352	352	election judges representing other established political 58
353	353	parties and additional election judges who do not claim a 59
354	354	political affiliation. Any question which requires a 60
355	355	decision by the majority of judges shall only be made by the 61
356	356	judges from the major political parties. 62 SB 832 12
357	357	115.157. 1. The election authority may place all 1
358	358	information on any registration cards in computerized form 2
359	359	in accordance with section 115.158. No election authority 3
360	360	or secretary of state shall furnish to any member of the 4
361	361	public electronic media or printout showing any registration 5
362	362	information, except as provided in this section. Except as 6
363	363	provided in subsection 2 of this section, the election 7
364	364	authority or secretary of state shall make available 8
365	365	electronic media or printouts showing only unique voter 9
366	366	identification numbers, voters' names, year of birth, 10
367	367	addresses, townships or wards, and precincts. Electronic 11
368	368	data shall be maintained in at least the following separate 12
369	369	fields: 13
370	370	(1) Voter identification number; 14
371	371	(2) First name; 15
372	372	(3) Middle initial; 16
373	373	(4) Last name; 17
374	374	(5) Suffix; 18
375	375	(6) Street number; 19
376	376	(7) Street direction; 20
377	377	(8) Street name; 21
378	378	(9) Street suffix; 22
379	379	(10) Apartment number; 23
380	380	(11) City; 24
381	381	(12) State; 25
382	382	(13) Zip code; 26
383	383	(14) Township; 27
384	384	(15) Ward; 28
385	385	(16) Precinct; 29
386	386	(17) Senatorial district; 30
387	387	(18) Representative district; 31
388	388	(19) Congressional district; and 32 SB 832 13
389	389	(20) Political party affiliation. 33
390	390	2. All election authorities shall enter voter history 34
391	391	in their computerized registration systems and shall, not 35
392	392	more than three months after the election, forward such data 36
393	393	to the Missouri voter registration system established in 37
394	394	section 115.158. In addition, election authorities shall 38
395	395	forward registration and other data in a manner prescribed 39
396	396	by the secretary of state to comply with the Help America 40
397	397	Vote Act of 2002. 41
398	398	3. Except as provided in subsection 6 of this section, 42
399	399	the election authority shall fur nish, for a fee, electronic 43
400	400	media or a printout showing only the names, year of birth, 44
401	401	addresses, and political party affiliations of voters, or 45
402	402	any part thereof, within the jurisdiction of the election 46
403	403	authority who voted in any specific election, inc luding 47
404	404	primary elections, by township, ward or precinct, provided 48
405	405	that nothing in this chapter shall require such voter 49
406	406	information to be released to the public over the internet 50
407	407	and shall not be used for commercial purposes. Such 51
408	408	electronic media or printout shall be updated and made 52
409	409	available for a fee not to exceed that permitted pursuant to 53
410	410	610.026 not later than the Tuesday next following such 54
411	411	election. 55
412	412	4. Except as provided in subsection 6 of this section, 56
413	413	upon a request by a candidate , a duly authorized 57
414	414	representative of a campaign committee, or a political party 58
415	415	committee, the secretary of state shall furnish, for a fee 59
416	416	determined by the secretary of state and in compliance with 60
417	417	section 610.026, media in an electronic format or, i f so 61
418	418	requested, in a printed format, showing the names, 62
419	419	addresses, and voter identification numbers of voters within 63
420	420	the jurisdiction of a specific election authority who 64 SB 832 14
421	421	applied for an absentee ballot under section 115.279 for any 65
422	422	specific election involving a ballot measure or an office 66
423	423	for which the declaration of candidacy is required to be 67
424	424	filed with the secretary of state pursuant to section 68
425	425	115.353, including primary elections, by township, ward, or 69
426	426	precinct. Nothing in this section shall r equire such voter 70
427	427	information to be released to the public over the internet. 71
428	428	For purposes of this section, the terms "candidate", 72
429	429	"campaign committee", and "political party committee" shall 73
430	430	have the same meaning given to such terms in section 130.011 . 74
431	431	5. The amount of fees charged for information provided 75
432	432	in this section shall be established pursuant to chapter 76
433	433	610. All revenues collected by the secretary of state 77
434	434	pursuant to this section shall be deposited in the state 78
435	435	treasury and credite d to the secretary of state's technology 79
436	436	trust fund account established pursuant to section 28.160. 80
437	437	In even-numbered years, each election authority shall, upon 81
438	438	request, supply the voter registration list for its 82
439	439	jurisdiction to all candidates and part y committees for a 83
440	440	charge established pursuant to chapter 610. Except as 84
441	441	provided in subsection 6 of this section, all election 85
442	442	authorities shall make the information described in this 86
443	443	section available pursuant to chapter 610. Any election 87
444	444	authority who fails to comply with the requirements of this 88
445	445	section shall be subject to the provisions of chapter 610. 89
446	446	6. Any person working as an undercover officer of a 90
447	447	local, state or federal law enforcement agency, persons in 91
448	448	witness protection progra ms, and victims of domestic 92
449	449	violence and abuse who have received orders of protection 93
450	450	pursuant to chapter 455 shall be entitled to apply to the 94
451	451	circuit court having jurisdiction in his or her county of 95
452	452	residence to have the residential address on his o r her 96 SB 832 15
453	453	voter registration records closed to the public if the 97
454	454	release of such information could endanger the safety of the 98
455	455	person. Any person working as an undercover agent or in a 99
456	456	witness protection program shall also submit a statement 100
457	457	from the chief executive officer of the agency under whose 101
458	458	direction he or she is serving. The petition to close the 102
459	459	residential address shall be incorporated into any petition 103
460	460	for protective order provided by circuit clerks pursuant to 104
461	461	chapter 455. If satisfied that the person filing the 105
462	462	petition meets the qualifications of this subsection, the 106
463	463	circuit court shall issue an order to the election authority 107
464	464	to keep the residential address of the voter a closed record 108
465	465	and the address may be used only for the purp oses of 109
466	466	administering elections pursuant to this chapter. The 110
467	467	election authority may require the voter who has a closed 111
468	468	residential address record to verify that his or her 112
469	469	residential address has not changed or to file a change of 113
470	470	address and to affirm that the reasons contained in the 114
471	471	original petition are still accurate prior to receiving a 115
472	472	ballot. A change of address within an election authority's 116
473	473	jurisdiction shall not require that the voter file a new 117
474	474	petition. Any voter who no longer qual ifies pursuant to 118
475	475	this subsection to have his or her residential address as a 119
476	476	closed record shall notify the circuit court. Upon such 120
477	477	notification, the circuit court shall void the order closing 121
478	478	the residential address and so notify the election autho rity. 122
479	479	115.158. 1. The secretary of state shall implement a 1
480	480	centralized, interactive computerized statewide voter 2
481	481	registration list. This computerized list shall be known as 3
482	482	the "Missouri Voter Registration System". The system shall 4
483	483	be implemented by January 1, 2004, unless a waiver is 5
484	484	obtained pursuant to the Help America Vote Act of 2002. If 6 SB 832 16
485	485	a waiver is obtained, the system shall be implemented by 7
486	486	January 1, 2006. The system shall be maintained and 8
487	487	administered by the secre tary of state and contain the name 9
488	488	and registration information of every legally registered 10
489	489	voter in Missouri. In addition, the system shall: 11
490	490	(1) Assign a unique identifier to each legally 12
491	491	registered voter in Missouri; 13
492	492	(2) Serve as the single system for storing and 14
493	493	managing the official list of registered voters throughout 15
494	494	Missouri; 16
495	495	(3) Be coordinated with other agency databases in 17
496	496	Missouri; 18
497	497	(4) Allow any election official in Missouri, including 19
498	498	local election authorities, im mediate electronic access to 20
499	499	the information contained in the system; 21
500	500	(5) Allow all voter registration information obtained 22
501	501	by any local election official in Missouri to be 23
502	502	electronically entered into the system on an expedited basis 24
503	503	at the time the information is provided to the local 25
504	504	official. The secretary of state, as the chief state 26
505	505	election official, shall provide such support as may be 27
506	506	required so that local election officials are able to enter 28
507	507	the registration information; and 29
508	508	(6) Serve as the official voter registration list for 30
509	509	the conduct of all elections in Missouri. 31
510	510	2. The secretary of state and local election 32
511	511	authorities shall perform system maintenance on a regular 33
512	512	basis, which shall include: 34
513	513	(1) Removing names in accordance with the provisions 35
514	514	and procedures of the National Voter Registration Act of 36
515	515	1993 and coordinating system maintenance activities with 37
516	516	state agency records on death and felony status; 38 SB 832 17
517	517	(2) Requiring the name of each registered vote r to 39
518	518	appear in the system; 40
519	519	(3) Removing only voters who are not registered or who 41
520	520	are not eligible to vote; and 42
521	521	(4) Eliminating duplicate names from the system. 43
522	522	3. The secretary of state shall provide adequate 44
523	523	technological security me asures to prevent the unauthorized 45
524	524	access to the system established pursuant to this section. 46
525	525	4. The secretary of state shall develop procedures to 47
526	526	ensure that voter registration records within the system are 48
527	527	accurate and updated regularly. At a minimum, the 49
528	528	procedures shall include: 50
529	529	(1) A system of file maintenance that makes a 51
530	530	reasonable effort to remove registrants who are ineligible 52
531	531	to vote. Consistent with the National Voter Registration 53
532	532	Act of 1993, registrants who have not respon ded to a notice 54
533	533	and who have not voted in two consecutive general elections 55
534	534	for federal office shall be removed from the official list 56
535	535	of eligible voters, except that no registrant may be removed 57
536	536	solely by reason of a failure to vote; and 58
537	537	(2) Safeguards to ensure that eligible voters are not 59
538	538	removed in error. 60
539	539	5. Voter registration information shall be verified in 61
540	540	accordance with the Help America Vote Act of 2002. 62
541	541	(1) Except as provided in subdivision (2) of this 63
542	542	subsection, an appli cation for voter registration may not be 64
543	543	accepted or processed unless the application includes: 65
544	544	(a) In the case of an applicant who has been issued a 66
545	545	current and valid driver's license, the applicant's driver's 67
546	546	license number; or 68 SB 832 18
547	547	(b) In the case of any other applicant, other than an 69
548	548	applicant to whom subdivision (2) applies, the last four 70
549	549	digits of the applicant's Social Security number. 71
550	550	(2) If an applicant for voter registration has not 72
551	551	been issued a current and valid driver's licen se or a Social 73
552	552	Security number, the applicant shall be assigned a number 74
553	553	which will serve to identify the applicant for voter 75
554	554	registration purposes. The number assigned under this 76
555	555	subdivision shall be used as the unique identifying number 77
556	556	within the system. 78
557	557	(3) The secretary of state and the director of the 79
558	558	department of revenue shall enter into an agreement to match 80
559	559	information in the database of the voter registration system 81
560	560	with information in the database of the motor vehicle system 82
561	561	to enable the secretary to verify the accuracy of 83
562	562	information provided on applications for voter registration. 84
563	563	(4) The director of the department of revenue shall 85
564	564	enter into an agreement with the commissioner of Social 86
565	565	Security and comply with the Hel p America Vote Act of 2002. 87
566	566	6. In addition to using the system for voter 88
567	567	registration, the election authorities and secretary of 89
568	568	state may use the system for the collection and 90
569	569	dissemination of election results and other pertinent 91
570	570	information. Any information contained in any state or 92
571	571	local voter registration system, limited to the master voter 93
572	572	registration list or any other list generated from the 94
573	573	information, subject to chapter 610, shall not be used for 95
574	574	commercial purposes; provided, howev er, that the information 96
575	575	may be used for elections, for candidates, or for ballot 97
576	576	measures, furnished at a reasonable fee. Violation of this 98
577	577	section shall be a class B misdemeanor. For purposes of 99
578	578	this section, "commercial purposes" means the use of a 100 SB 832 19
579	579	public record for the purpose of sale or resale or for the 101
580	580	purpose of producing a document containing all or part of 102
581	581	the copy, printout, or photograph for sale or the obtaining 103
582	582	of names and addresses from public records for the purpose 104
583	583	of solicitation or the sale of names and addresses to 105
584	584	another for the purpose of solicitation or for any purpose 106
585	585	in which the purchaser can reasonably anticipate the receipt 107
586	586	of monetary gain from the direct or indirect use of the 108
587	587	public record. 109
588	588	7. The secretary of state shall establish an advisory 110
589	589	committee to assist in the establishment and maintenance of 111
590	590	the Missouri voter registration system. 112
591	591	8. The secretary of state may promulgate rules to 113
592	592	execute this section. No rule or portion of a rule 114
593	593	promulgated pursuant to the authority of this section shall 115
594	594	become effective unless it has been promulgated pursuant to 116
595	595	chapter 536. 117
596	596	9. Election authorities and any agency required under 118
597	597	the National Voter Registration Act of 1993 to accept voter 119
598	598	registration applications shall forward registration and 120
599	599	other data in a manner prescribed by the secretary of state 121
600	600	to assist with administering and maintaining the Missouri 122
601	601	voter registration system in accordance with the Help 123
602	602	America Vote Act of 2002. 124
603	603	10. (1) The secretary of state shall not enter into 125
604	604	an agreement with any organization that would involve the 126
605	605	sharing of voter registration data in the possession of the 127
606	606	secretary of state, including, but not limited to, the 128
607	607	Electronic Registrati on Information Center, Incorporated. 129
608	608	Any such agreement previously entered into may continue for 130
609	609	the duration of the agreement but shall not be renewed. If 131
610	610	the secretary of state has the option or ability to exit 132 SB 832 20
611	611	such agreement prior to its expiratio n, the secretary shall 133
612	612	exercise such option or take the action necessary to 134
613	613	terminate the agreement. 135
614	614	(2) The secretary of state may coordinate or 136
615	615	collaborate with another state in order to verify the 137
616	616	accuracy of voter registration data in the pos session of the 138
617	617	secretary of state, provided such coordination or 139
618	618	collaboration is conducted by the office of the secretary of 140
619	619	state. 141
620	620	11. The secretary of state shall not acquire any 142
621	621	information from any credit agency that contains the address 143
622	622	or other identifying information of any registered voter. 144
623	623	115.225. 1. [Before use by election authorities in 1
624	624	this state, the secretary of state shall approve the marking 2
625	625	devices and the automatic tabulating equipment used in 3
626	626	electronic voting systems and may promulgate rules and 4
627	627	regulations to implement the intent of sections 115.225 to 5
628	628	115.235. 6
629	629	2. No electronic voting system shall be approved 7
630	630	unless it: 8
631	631	(1) Permits voting in absolute secrecy; 9
632	632	(2) Permits each voter to vote for as many candidates 10
633	633	for each office as a voter is lawfully entitled to vote for; 11
634	634	(3) Permits each voter to vote for or against as many 12
635	635	questions as a voter is lawfully entitled to vote on, and no 13
636	636	more; 14
637	637	(4) Provides facilities fo r each voter to cast as many 15
638	638	write-in votes for each office as a voter is lawfully 16
639	639	entitled to cast; 17
640	640	(5) Permits each voter in a primary election to vote 18
641	641	for the candidates of only one party announced by the voter 19
642	642	in advance; 20 SB 832 21
643	643	(6) Permits each voter at a presidential election to 21
644	644	vote by use of a single mark for the candidates of one party 22
645	645	or group of petitioners for president, vice president and 23
646	646	their presidential electors; 24
647	647	(7) Accurately counts all proper votes cast for each 25
648	648	candidate and for and against each question; 26
649	649	(8) Is set to reject all votes, except write -in votes, 27
650	650	for any office and on any question when the number of votes 28
651	651	exceeds the number a voter is lawfully entitled to cast; 29
652	652	(9) Permits each voter, while v oting, to clearly see 30
653	653	the ballot label; 31
654	654	(10) Has been tested and is certified by an 32
655	655	independent authority that meets the voting system standards 33
656	656	developed by the Federal Election Commission or its 34
657	657	successor agency. The provisions of this subdivi sion shall 35
658	658	not be required for any system purchased prior to August 28, 36
659	659	2002. 37
660	660	3. The secretary of state shall promulgate rules and 38
661	661	regulations to allow the use of a computerized voting 39
662	662	system. The procedures shall provide for the use of a 40
663	663	computerized voting system with the ability to provide a 41
664	664	paper audit trail. Notwithstanding any provisions of this 42
665	665	chapter to the contrary, such a system may allow for the 43
666	666	storage of processed ballot materials in an electronic form. 44
667	667	4. Any rule or portion of a rule, as that term is 45
668	668	defined in section 536.010, that is created under the 46
669	669	authority delegated in this section shall become effective 47
670	670	only if it complies with and is subject to all of the 48
671	671	provisions of chapter 536 and, if applicable, section 49
672	672	536.028. This section and chapter 536 are nonseverable and 50
673	673	if any of the powers vested with the general assembly 51
674	674	pursuant to chapter 536 to review, to delay the effective 52 SB 832 22
675	675	date or to disapprove and annul a rule are subsequently held 53
676	676	unconstitutional, then the grant of rulemaking authority and 54
677	677	any rule proposed or adopted after August 28, 2002, shall be 55
678	678	invalid and void. 56
679	679	5. If any election authority uses any ] Touchscreen 57
680	680	direct-recording electronic vote -counting [machine, the 58
681	681	election authority may continue to use such machine. Upon 59
682	682	the removal of such voting machine from the election 60
683	683	authority's inventory because of mechanical malfunction, 61
684	684	wear and tear, or any other reason, the machine shall not be 62
685	685	replaced and no additional direct -recording electronic vote - 63
686	686	counting machine shall be added to the election authority's 64
687	687	inventory. Such] machines shall not be used [beginning 65
688	688	January 1, 2024. Equipment that is designed for 66
689	689	accessibility shall provide a paper ballot audit trail ]. 67
690	690	[6.] 2. (1) Each election authority that controls its 68
691	691	own information technology department shall, once every two 69
692	692	years, allow a cyber security review of their office by the 70
693	693	secretary of state or alternatively by an entity that 71
694	694	specializes in cyber secur ity reviews. Each political 72
695	695	subdivision that controls the information technology 73
696	696	department for an election authority shall, once every two 74
697	697	years, allow a cyber security review of the information 75
698	698	technology department by the secretary of state or 76
699	699	alternatively by an entity that specializes in cyber 77
700	700	security reviews. The secretary of state shall, once every 78
701	701	two years, allow a cyber security review of its office by an 79
702	702	entity that specializes in cyber security reviews. For 80
703	703	purposes of this section, an entity specializes in cyber 81
704	704	security review if it employs one or more individuals who: 82 SB 832 23
705	705	(a) Have at least five years management experience in 83
706	706	information security or five years' experience as an 84
707	707	information security analyst; 85
708	708	(b) Have worked in at least two of the domains listed 86
709	709	in paragraph (c) of this subdivision that are covered in the 87
710	710	exam required by such paragraph; and 88
711	711	(c) Have attained an information security 89
712	712	certification by passing an exam that covers at least three 90
713	713	of the following topics: 91
714	714	a. Information technology risk management, 92
715	715	identification, mitigation, and compliance; 93
716	716	b. Information security incident management; 94
717	717	c. Information security program development and 95
718	718	management; 96
719	719	d. Risk and control monitoring and reporting; 97
720	720	e. Access control systems and methodology; 98
721	721	f. Business continuity planning and disaster recovery 99
722	722	planning; 100
723	723	g. Physical security of election authority property; 101
724	724	h. Networking security; or 102
725	725	i. Security architecture application and systems 103
726	726	development. 104
727	727	(2) If an election authority or political subdivision 105
728	728	fails to have a cyber security review as required by this 106
729	729	subsection, the secretary of state may publish a notice of 107
730	730	noncompliance in a news paper within the jurisdiction of the 108
731	731	election authority or in electronic format. The secretary 109
732	732	of state is also authorized to withhold funds from an 110
733	733	election authority in violation of this section unless such 111
734	734	funding is a federal mandate or part of a federal and state 112
735	735	agreement. 113 SB 832 24
736	736	[7.] 3. The secretary of state shall have authority to 114
737	737	require cyber security testing, including penetration 115
738	738	testing, of vendor machines, programs, and systems. Failure 116
739	739	to participate in such testing shall result in a revocation 117
740	740	of vendor certification. Upon notice from another 118
741	741	jurisdiction of cyber security failures or certification 119
742	742	withholds or revocation, the secretary of state shall have 120
743	743	authority to revoke or withhold certification for vendors. 121
744	744	The requirements of this section shall be subject to 122
745	745	appropriation for the purpose of cyber security testing. 123
746	746	[8.] 4. The secretary of state may designate an 124
747	747	organization of which each election authority shall be a 125
748	748	member, provided there is no membership fee and the 126
749	749	organization provides information to increase cyber security 127
750	750	and election integrity efforts. 128
751	751	[9.] 5. All audits required by subsection [6] 2 of 129
752	752	this section that are conducted by the secretary of state 130
753	753	shall be solely paid for by state a nd federal funding. 131
754	754	115.226. 1. Each election authority shall ensure that 1
755	755	each polling place has in its jurisdiction a sufficient 2
756	756	number of voting machines that are designed for 3
757	757	accessibility for all elections. Such machines shall comply 4
758	758	with the provisions of Section 301 of the federal Help 5
759	759	America Vote Act, 52 U.S.C. Section 21081. Additionally, 6
760	760	such machines shall print out a paper ballot for each voter 7
761	761	who casts a ballot using the machine that is identical to 8
762	762	the ballot required by section 115.237. The ballot printed 9
763	763	out shall contain a distinguishing mark beside each 10
764	764	candidate and question the voter has voted for. 11
765	765	2. The secretary of state shall maintain a database 12
766	766	containing the names of all individuals who are eligible to 13
767	767	use a voting machine designed for accessibility pursuant to 14 SB 832 25
768	768	this section. Registered voters may submit requests to be 15
769	769	included in such database. The database shall be updated as 16
770	770	changes are made and every thirty days election authorities 17
771	771	shall be given an updated list of registered voters in the 18
772	772	jurisdiction of the election authority who are eligible to 19
773	773	use such machines. Only registered voters who appear on the 20
774	774	list may cast a ballot using a voting machine authorized 21
775	775	under this section. 22
776	776	115.230. Notwithstanding any other provision of law to 1
777	777	the contrary, any election authority [may] shall not use an 2
778	778	electronic voter identification system or an electronic 3
779	779	signature pad to verify a voter's address, registration 4
780	780	status, and signature information at any polling place. 5
781	781	[Any such system or pad shall be able to read identifying 6
782	782	information from an official Missouri driver's license or 7
783	783	nondriver's license issued by the department of revenue, and 8
784	784	shall be capable of allowing an election authority to 9
785	785	manually enter the voter's information from a valid form of 10
786	786	personal identification containing the voter's signature. ] 11
787	787	115.237. 1. [Each ballot printed or designed for use 1
788	788	with an electronic voting system for any election pursuant 2
789	789	to this chapter shall contain all questions and the names of 3
790	790	all offices and candidates certified or filed pursuant to 4
791	791	this chapter and no other.] Beginning January 1, 2023, the 5
792	792	official ballot shall be a paper ballo t that is hand-marked 6
793	793	by the voter or by the voter's designee as permitted in 7
794	794	section 115.445[, unless such voter chooses to use a ballot - 8
795	795	marking device as provided in section 115.225 ]. All ballots 9
796	796	shall be produced in the United States of America and shall 10
797	797	contain a watermark, not to exceed one inch by one inch, in 11
798	798	the top right corner that shows the seal of the state of 12
799	799	Missouri as described in section 10.060. Ballots shall not 13 SB 832 26
800	800	contain any barcode, quick response code, or other 14
801	801	electronically-enabled code that is not in a human readable 15
802	802	medium. The secretary of state may not have any financial 16
803	803	relationship with the entity producing the ballots whether 17
804	804	in his or her professional capacity as secretary of state or 18
805	805	in an individual capacity. As far as practicable, all 19
806	806	questions and the names of all offices and candidates for 20
807	807	which each voter is entitled to vote shall be printed on one 21
808	808	page except for the ballot for political party committee 22
809	809	persons [in polling places not utilizing an electr onic 23
810	810	voting system] which may be printed separately and in 24
811	811	conformity with the requirements contained in this section. 25
812	812	As far as practicable, ballots containing only questions and 26
813	813	the names of nonpartisan offices and candidates shall be 27
814	814	printed in accordance with the provisions of this section, 28
815	815	except that the ballot information may be listed in vertical 29
816	816	or horizontal rows. The names of candidates for each office 30
817	817	shall be listed in the order in which they are filed. 31
818	818	2. [In polling places usi ng electronic voting systems, 32
819	819	the ballot information may be arranged in vertical or 33
820	820	horizontal rows or on a number of separate pages or 34
821	821	screens. In any event,] The name of each candidate, the 35
822	822	candidate's party, the office for which he or she is a 36
823	823	candidate, and each question shall be indicated clearly on 37
824	824	the ballot. 38
825	825	3. [Nothing in this subchapter shall be construed as 39
826	826	prohibiting the use of a separate paper ballot for questions 40
827	827	or for the presidential preference primary in any polling 41
828	828	place using an electronic voting system. 42
829	829	4. Where electronic voting systems are used and ] When 43
830	830	write-in votes are authorized by law, a write -in ballot, 44
831	831	which may be in the form of a separate paper ballot, card, 45 SB 832 27
832	832	or envelope, may be provided by the electi on authority to 46
833	833	permit each voter to write in the names of persons whose 47
834	834	names do not appear on the ballot. 48
835	835	[5.] 4. No ballot [printed or designed for use with an 49
836	836	electronic voting system for any partisan election held 50
837	837	under this chapter] shall allow a person to vote a straight 51
838	838	political party ticket. For purposes of this subsection, a 52
839	839	"straight political party ticket" means voting for all of 53
840	840	the candidates for elective office who are on the ballot 54
841	841	representing a single political party by a s ingle selection 55
842	842	on the ballot. 56
843	843	[6. The secretary of state shall promulgate rules that 57
844	844	specify uniform standards for ballot layout for each 58
845	845	electronic or computerized ballot counting system approved 59
846	846	under the provisions of section 115.225 so that the ballot 60
847	847	used with any counting system is, where possible, consistent 61
848	848	with the intent of this section. Nothing in this section 62
849	849	shall be construed to require the format specified in this 63
850	850	section if it does not meet the requirements of the ballot 64
851	851	counting system used by the election authority. 65
852	852	7.] 5. Any rule or portion of a rule, as that term is 66
853	853	defined in section 536.010, that is created under the 67
854	854	authority delegated in this section shall become effective 68
855	855	only if it complies with and is sub ject to all of the 69
856	856	provisions of chapter 536 and, if applicable, section 70
857	857	536.028. This section and chapter 536 are nonseverable and 71
858	858	if any of the powers vested with the general assembly 72
859	859	pursuant to chapter 536 to review, to delay the effective 73
860	860	date or to disapprove and annul a rule are subsequently held 74
861	861	unconstitutional, then the grant of rulemaking authority and 75
862	862	any rule proposed or adopted after August 28, 2002, shall be 76
863	863	invalid and void. 77 SB 832 28
864	864	115.287. 1. Upon receipt of a signed application for 1
865	865	an absentee ballot and if satisfied the applicant is 2
866	866	entitled to vote by absentee ballot, the election authority 3
867	867	shall, within three working days after receiving the 4
868	868	application, or if absentee ballots are not available at the 5
869	869	time the application is received, within five working days 6
870	870	after they become available, deliver to the voter an 7
871	871	absentee ballot, ballot envelope and such instructions as 8
872	872	are necessary for the applicant to vote. Delivery shall be 9
873	873	made to the voter personally i n the office of the election 10
874	874	authority or by bipartisan teams appointed by the election 11
875	875	authority, or by first class, registered, or certified mail 12
876	876	at the discretion of the election authority, or in the case 13
877	877	of a covered voter as defined in section 115 .902, the method 14
878	878	of transmission prescribed in section 115.914. Any absentee 15
879	879	ballot that is mailed to the voter by first class, 16
880	880	registered, or certified mail shall be postmarked from the 17
881	881	same county in which the office of the election authority is 18
882	882	located. Where the election authority is a county clerk, 19
883	883	the members of bipartisan teams representing the political 20
884	884	party other than that of county clerk shall be selected from 21
885	885	a list of persons submitted to the county clerk by the 22
886	886	county chairman of th at party. If no list is provided by 23
887	887	the time that absentee ballots are to be made available, the 24
888	888	county clerk may select a person or persons from lists 25
889	889	provided in accordance with section 115.087. If the 26
890	890	election authority is not satisfied that any a pplicant is 27
891	891	entitled to vote by absentee ballot, it shall not deliver an 28
892	892	absentee ballot to the applicant. Within three working days 29
893	893	of receiving such an application, the election authority 30
894	894	shall notify the applicant and state the reason he or she is 31
895	895	not entitled to vote by absentee ballot. The applicant may 32 SB 832 29
896	896	file a complaint with the elections division of the 33
897	897	secretary of state's office under and pursuant to section 34
898	898	115.219. 35
899	899	2. If, after 5:00 p.m. on the second Wednesday before 36
900	900	an election, any voter from the jurisdiction has become 37
901	901	hospitalized, becomes confined due to illness or injury, or 38
902	902	is confined in an intermediate care facility, residential 39
903	903	care facility, or skilled nursing facility on election day, 40
904	904	as such terms are defined in s ection 198.006, in the county 41
905	905	in which the jurisdiction is located or in the jurisdiction 42
906	906	of an adjacent election authority within the same county, 43
907	907	the election authority shall appoint a team to deliver, 44
908	908	witness the signing of and return the voter's ap plication 45
909	909	and deliver, witness the voting of and return the voter's 46
910	910	absentee ballot. If the election authority receives ten or 47
911	911	more applications for absentee ballots from the same address 48
912	912	it shall appoint a team to deliver and witness the voting 49
913	913	and return of absentee ballots by voters residing at that 50
914	914	address, except when such addresses are for an apartment 51
915	915	building or other structure wherein individual living units 52
916	916	are located, each of which has its own separate cooking 53
917	917	facilities. Each team appointed pursuant to this subsection 54
918	918	shall consist of two registered voters, one from each major 55
919	919	political party. Both members of any team appointed 56
920	920	pursuant to this subsection shall be present during the 57
921	921	delivery, signing or voting and return of any a pplication or 58
922	922	absentee ballot signed or voted pursuant to this subsection. 59
923	923	3. On the mailing and ballot envelopes for each 60
924	924	covered voter, the election authority shall stamp 61
925	925	prominently in black the words "FEDERAL BALLOT, STATE OF 62
926	926	MISSOURI" and "U.S. Postage Paid, 39 U.S.C. Section 3406". 63 SB 832 30
927	927	4. No information which encourages a vote for or 64
928	928	against a candidate or issue shall be provided to any voter 65
929	929	with an absentee ballot. 66
930	930	115.415. Before the time fixed by law for the openi ng 1
931	931	of the polls, the election authority shall deliver to the 2
932	932	authorized election officials or to the polling place the 3
933	933	appropriate ballots, ballot boxes, precinct registers, 4
934	934	voting booths, voting machines authorized under section 5
935	935	115.226 and all other supplies, material and equipment 6
936	936	necessary and appropriate for the polling place. The 7
937	937	election authority shall make and preserve a record of each 8
938	938	delivery. 9
939	939	115.417. 1. Before the time fixed by law for the 1
940	940	opening of the polls, th e election authority shall deliver 2
941	941	to each polling place a sufficient number of voter 3
942	942	instruction cards which include the following information: 4
943	943	how to obtain a ballot for voting, how to vote and prepare 5
944	944	the ballot for deposit in the ballot box, and h ow to obtain 6
945	945	a new ballot to replace one accidentally spoiled. 7
946	946	2. The election authority at each polling place shall 8
947	947	post in a conspicuous place voting instructions on a poster 9
948	948	no smaller than twenty -four inches by thirty inches. Such 10
949	949	instructions shall also inform the voter that the 11
950	950	[electronic voting equipment ] voting machines authorized 12
951	951	under section 115.226 can be demonstrated upon request of 13
952	952	the voter. The election authority shall also publicly post 14
953	953	during the period of time in which a person may cast an 15
954	954	absentee ballot and on election day a sample version of the 16
955	955	ballot that will be used for that election, the date of the 17
956	956	election, the hours during which the polling place will be 18
957	957	open, instructions for mail -in registrants and first -time 19
958	958	voters, general information on voting rights in accordance 20 SB 832 31
959	959	with the state plan filed by the secretary of state pursuant 21
960	960	to the Help America Vote Act of 2002, general information on 22
961	961	the right to cast a provisional ballot and instructions for 23
962	962	provisional ballots, how to contact appropriate authorities 24
963	963	if voting rights have been violated, and general information 25
964	964	on federal and Missouri law regarding prohibitions on acts 26
965	965	of fraud and misrepresentation. The secretary of state may 27
966	966	promulgate rules to execute this section. No rule or 28
967	967	portion of a rule promulgated pursuant to the authority of 29
968	968	this section shall become effective unless it has been 30
969	969	promulgated pursuant to chapter 536. 31
970	970	3. The secretary of state may develop multilingual 32
971	971	voting instructions to be made available to election 33
972	972	authorities. 34
973	973	115.419. Before the time fixed by law for the opening 1
974	974	of the polls, the election authority shall deliver to each 2
975	975	polling place a sufficient number of sample ballots [and 3
976	976	ballot cards] which shall be a different color but otherwise 4
977	977	exact copies of the official ballot. The samples shall be 5
978	978	printed in the form of a diagram, showing the form of the 6
979	979	ballot [or the front of the marking device or voting 7
980	980	machine] as it will appear on election day. The secretary 8
981	981	of state may develop multilingual sample ballots to be made 9
982	982	available to election authorities. 10
983	983	115.421. Before the time fixed by law for the opening 1
984	984	of the polls, the election judges shall: 2
985	985	(1) Set up the voting equipment, arrange the 3
986	986	furniture, supplies and records and make all other 4
987	987	arrangements necessary to open the polls at the time fixed 5
988	988	by law; 6
989	989	(2) Post a voter instruction card in each voting booth 7
990	990	or machine and in at least one other conspicuous place 8 SB 832 32
991	991	within the polling place and post a sample ballot in a 9
992	992	conspicuous place near the voting booths; 10
993	993	(3) Certify the number of ballots received at each 11
994	994	polling place[. In each polling place using voting 12
995	995	machines, the election judges shall, in lieu of certifying 13
996	996	the number of ballots received, certify the number on each 14
997	997	voting machine received at the polling place, the number on 15
998	998	the seal of each voting machine, the number on the 16
999	999	protective counter of each voting machine and that all 17
1000	1000	recording counters on all voting machines at the polling 18
1001	1001	place are set at zero. If a recording counter on any voting 19
1002	1002	machine is not set at zero, the election judges shall 20
1003	1003	immediately notify the election authority and proceed as it 21
1004	1004	directs]; 22
1005	1005	(4) Compare the ballot[, ballot label or ballot card ] 23
1006	1006	and ballot label with the sample ballots, see that the 24
1007	1007	names, numbers and letters agree and certify thereto in the 25
1008	1008	tally book. If the names, numbers or letters do not agree, 26
1009	1009	the election judges shall immediately notify the election 27
1010	1010	authority and proceed as it directs; and 28
1011	1011	(5) Sign the tally book in the manner provided in the 29
1012	1012	form for tally books in section 115.461 or 115.473. If any 30
1013	1013	election judge, challenger or watcher has not been 31
1014	1014	previously sworn as the law directs, he or she shall take 32
1015	1015	and subscribe the oath of his or her office as provided in 33
1016	1016	section 115.091 or 115.109, and the oath shall be returned 34
1017	1017	to the election authority with the tally book. 35
1018	1018	115.423. Not more than one hour before the voting 1
1019	1019	begins, the election judges shall open the ballot box and 2
1020	1020	show to all present that it is empty. The ballot box shall 3
1021	1021	then be locked and the key kept by one of the election 4
1022	1022	judges. The ballot box shall not be opened or removed from 5 SB 832 33
1023	1023	public view from the time it is shown to be empty until the 6
1024	1024	polls close or until the ballot box is delivered for 7
1025	1025	counting pursuant to section 115.451. [If voting machines 8
1026	1026	are used, the election judges shall call attention to the 9
1027	1027	counter on the face of each voting machine and show to all 10
1028	1028	present that it is set at zero. ] 11
1029	1029	115.430. 1. This section shall apply to primary and 1
1030	1030	general elections where candidates for federal or statewide 2
1031	1031	offices are nominated or e lected and any election where 3
1032	1032	statewide issue or issues are submitted to the voters. 4
1033	1033	2. (1) A voter claiming to be properly registered in 5
1034	1034	the jurisdiction of the election authority and eligible to 6
1035	1035	vote in an election, but whose eligibility at tha t precinct 7
1036	1036	cannot be immediately established upon examination of the 8
1037	1037	precinct register, shall be entitled to vote a provisional 9
1038	1038	ballot after providing a form of personal identification 10
1039	1039	required pursuant to section 115.427 or upon executing an 11
1040	1040	affidavit under section 115.427, or may vote at a central 12
1041	1041	polling place as established in section 115.115 where the 13
1042	1042	voter may vote his or her appropriate ballot for his or her 14
1043	1043	precinct of residence upon verification of eligibility or 15
1044	1044	vote a provisional ballot if eligibility cannot be 16
1045	1045	determined. The provisional ballot provided to a voter 17
1046	1046	under this section shall be the ballot provided to a 18
1047	1047	resident of the voter's precinct determined by reference to 19
1048	1048	the affidavit provided for in this section. If the voter 20
1049	1049	declares that the voter is eligible to vote and the election 21
1050	1050	authority determines that the voter is eligible to vote at 22
1051	1051	another polling place, the voter shall be directed to the 23
1052	1052	correct polling place or a central polling place as 24
1053	1053	established by the el ection authority pursuant to subsection 25
1054	1054	5 of section 115.115. If the voter refuses to go to the 26 SB 832 34
1055	1055	correct polling place or a central polling place, the voter 27
1056	1056	shall be permitted to vote a provisional ballot at the 28
1057	1057	incorrect polling place, but such ballot shall not be 29
1058	1058	counted if the voter was not eligible to vote at that 30
1059	1059	polling place. 31
1060	1060	(2) The following steps shall be taken to establish a 32
1061	1061	voter's eligibility to vote at a polling place: 33
1062	1062	(a) The election judge shall examine the precinct 34
1063	1063	register as provided in section 115.425. If the voter is 35
1064	1064	registered and eligible to vote at the polling place, the 36
1065	1065	voter shall receive a regular ballot; 37
1066	1066	(b) If the voter's eligibility cannot be immediately 38
1067	1067	established by examining the precinct registe r, the election 39
1068	1068	judge shall contact the election authority. If the election 40
1069	1069	authority cannot immediately establish that the voter is 41
1070	1070	registered and eligible to vote at the polling place upon 42
1071	1071	examination of the Missouri voter registration system, or if 43
1072	1072	the election judge is unable to make contact with the 44
1073	1073	election authority immediately, the voter shall be notified 45
1074	1074	that the voter is entitled to a provisional ballot. 46
1075	1075	(3) The voter shall have the duty to appear and vote 47
1076	1076	at the correct polling pla ce. If an election judge 48
1077	1077	determines that the voter is not eligible to vote at the 49
1078	1078	polling place at which a voter presents himself or herself, 50
1079	1079	and if the voter appears to be eligible to vote at another 51
1080	1080	polling place, the voter shall be informed that he or she 52
1081	1081	may cast a provisional ballot at the current polling place 53
1082	1082	or may travel to the correct polling place or a central 54
1083	1083	polling place, as established by the election authority 55
1084	1084	under subsection 5 of section 115.115, where the voter may 56
1085	1085	cast a regular ballot or provisional ballot if the voter's 57
1086	1086	eligibility still cannot be determined. Provisional ballots 58 SB 832 35
1087	1087	cast at a polling place shall be counted only if the voter 59
1088	1088	was eligible to vote at such polling place as provided in 60
1089	1089	subsection 5 of this section . 61
1090	1090	(4) For a voter requesting an absentee ballot in 62
1091	1091	person, such voter shall be entitled to cast a provisional 63
1092	1092	ballot when the voter's eligibility cannot be immediately 64
1093	1093	established upon examination of the precinct registers or 65
1094	1094	the Missouri voter r egistration system. 66
1095	1095	(5) Prior to accepting any provisional ballot at the 67
1096	1096	polling place, the election judges shall determine that the 68
1097	1097	information provided on the provisional ballot envelope by 69
1098	1098	the provisional voter is consistent with the identifica tion 70
1099	1099	provided by such person under section 115.427. 71
1100	1100	3. (1) No person shall be entitled to receive a 72
1101	1101	provisional ballot until such person has completed a 73
1102	1102	provisional ballot affidavit on the provisional ballot 74
1103	1103	envelope. 75
1104	1104	(2) The secretary of state shall produce appropriate 76
1105	1105	sizes of provisional ballot envelopes and distribute them to 77
1106	1106	each election authority according to their tabulating 78
1107	1107	system. All provisional ballot envelopes shall be printed 79
1108	1108	on a distinguishable color of paper that is di fferent from 80
1109	1109	the color of the regular ballot. The provisional ballot 81
1110	1110	envelope shall be in the form required by subsection 4 of 82
1111	1111	this section. All provisional ballots shall be marked with 83
1112	1112	a conspicuous stamp or other distinguishing mark that makes 84
1113	1113	them readily distinguishable from the regular ballots. 85
1114	1114	(3) Once voted, the provisional ballot shall be placed 86
1115	1115	and sealed in a provisional ballot envelope. 87
1116	1116	4. The provisional ballot in its envelope shall be 88
1117	1117	deposited in the ballot box. The provisional ballot 89
1118	1118	envelope shall be completed by the voter for use in 90 SB 832 36
1119	1119	determining eligibility. The provisional ballot envelope 91
1120	1120	specified in this section shall contain a voter's 92
1121	1121	certificate which shall be in substantially the following 93
1122	1122	form: 94
1123	1123	The voter may provide additional information to further 121
1124	1124	assist the election authority in determining eligibility, 122
1125	1125	95 STATE OF ______
1126	1126	96 COUNTY OF ______
1127	1127	97
1128	1128	98
1129	1129	99
1130	1130	100
1131	1131	101
1132	1132	102
1133	1133	103
1134	1134	104
1135	1135	105
1136	1136	I do solemnly swear (or affirm) that my name is
1137	1137	______; that my date of birth is ______; that the
1138	1138	last four digits of my Social Security Number are
1139	1139	______; that I am registered to vote in ______
1140	1140	County or City (if a City not within a County),
1141	1141	Missouri; that I am a qualified voter of said
1142	1142	County (or City not within a County); that I am
1143	1143	eligible to vote at this polling place; and that I
1144	1144	have not voted in this election.
1145	1145
1146	1146	106
1147	1147	107
1148	1148	108
1149	1149	109
1150	1150	110
1151	1151	111
1152	1152	112
1153	1153	I understand that if the above -provided information
1154	1154	is not correct and the election authority
1155	1155	determines that I am not registered and eligible to
1156	1156	vote, my vote will not be counted. I further
1157	1157	understand that knowingly providing false
1158	1158	information is a violat ion of law and subjects me
1159	1159	to possible criminal prosecution.
1160	1160
1161	1161	113 __________________
1162	1162	114 (Signature of Voter)
1163	1163	115 __________________
1164	1164	116 (Current Address)
1165	1165	117
1166	1166	118
1167	1167	Subscribed and affirmed before me this ______ day
1168	1168	of ______, 20______
1169	1169
1170	1170	119 __________________
1171	1171	120 (Signature of Election Official) SB 832 37
1172	1172	including the place and date the voter registered to vote, 123
1173	1173	if known. 124
1174	1174	5. (1) Prior to counting any provisional ballot, the 125
1175	1175	election authority shall determine if the voter is 126
1176	1176	registered and eligible to vote and if the vote was properly 127
1177	1177	cast. The eligibility of provisional votes shall be 128
1178	1178	determined according to the requirements for a voter to cast 129
1179	1179	a ballot in the election as set forth in sections 115.133 130
1180	1180	and 115.135. A provisional voter ballot shall not be 131
1181	1181	eligible to be counted until the election authority has 132
1182	1182	determined that: 133
1183	1183	(a) The voter cast such provisional ballot at a 134
1184	1184	polling place established for the voter or the central 135
1185	1185	polling place established by the election authority under 136
1186	1186	subsection 5 of section 115.115; 137
1187	1187	(b) The individual who cast the provisional ballot is 138
1188	1188	an individual registered to vote in the respective election 139
1189	1189	at the polling place where the ballot was cast; 140
1190	1190	(c) The voter did not otherwise vote in the same 141
1191	1191	election by regular ballot, absentee ballot, or otherwise; 142
1192	1192	and 143
1193	1193	(d) The information on the provisional ballot envelope 144
1194	1194	is found to be correct, complete, and accurate. 145
1195	1195	(2) When the ballot boxes are delivered to the 146
1196	1196	election authority from the polling places, the receiving 147
1197	1197	teams shall separate the provisional ballots from the rest 148
1198	1198	of the ballots and place the sealed provisional ballot 149
1199	1199	envelopes in a separate container. Teams of election 150
1200	1200	authority employees or teams of election judges with each 151
1201	1201	team consisting of one member of each major political party 152
1202	1202	shall photocopy each provisional ballot envelope, such 153
1203	1203	photocopy to be used by the election authority to determine 154 SB 832 38
1204	1204	provisional voter eligibility. The sealed provisional 155
1205	1205	ballot envelopes shall be placed by t he team in a sealed 156
1206	1206	container and shall remain therein until tabulation. 157
1207	1207	(3) To determine whether a provisional ballot is valid 158
1208	1208	and entitled to be counted, the election authority shall 159
1209	1209	examine its records and verify that the provisional voter is 160
1210	1210	properly registered and eligible to vote in the election. 161
1211	1211	If the provisional voter has provided information regarding 162
1212	1212	the registration agency where the provisional voter 163
1213	1213	registered to vote, the election authority shall make an 164
1214	1214	inquiry of the registrat ion agency to determine whether the 165
1215	1215	provisional voter is properly registered and eligible to 166
1216	1216	vote in the election. 167
1217	1217	(4) If the election authority determines that the 168
1218	1218	provisional voter is registered and eligible to vote in the 169
1219	1219	election, the electio n authority shall provide documentation 170
1220	1220	verifying the voter's eligibility. Such documentation shall 171
1221	1221	be noted on the copy of the provisional ballot envelope and 172
1222	1222	shall contain substantially the following information: 173
1223	1223	(a) The name of the provisional voter; 174
1224	1224	(b) The name of the reviewer; 175
1225	1225	(c) The date and time; and 176
1226	1226	(d) A description of evidence found that supports the 177
1227	1227	voter's eligibility. 178
1228	1228	(5) The local election authority shall record on a 179
1229	1229	provisional ballot acceptance/rejection list the provisional 180
1230	1230	ballot identification number and a notation marking it as 181
1231	1231	accepted. 182
1232	1232	(6) If the election authority determines that the 183
1233	1233	provisional voter is not registered or eligible to vote in 184
1234	1234	the election, the election authority shall prov ide 185
1235	1235	documentation verifying the voter's ineligibility. Such 186 SB 832 39
1236	1236	documentation shall be noted on the copy of the provisional 187
1237	1237	ballot envelope and shall contain substantially the 188
1238	1238	following information: 189
1239	1239	(a) The name of the provisional voter; 190
1240	1240	(b) The name of the reviewer; 191
1241	1241	(c) The date and time; 192
1242	1242	(d) A description of why the voter is ineligible. 193
1243	1243	(7) The local election authority shall record on a 194
1244	1244	provisional ballot acceptance/rejection list the provisional 195
1245	1245	ballot identification numb er and notation marking it as 196
1246	1246	rejected. 197
1247	1247	(8) If rejected, a photocopy of the envelope shall be 198
1248	1248	made and used by the election authority as a mail -in voter 199
1249	1249	registration. The actual provisional ballot envelope shall 200
1250	1250	be kept as ballot material, and t he copy of the envelope 201
1251	1251	shall be used by the election authority for registration 202
1252	1252	record keeping. 203
1253	1253	6. All provisional ballots cast by voters whose 204
1254	1254	eligibility has been verified as provided in this section 205
1255	1255	shall be counted in accordance with the rul es governing 206
1256	1256	ballot tabulation. Provisional ballots shall not be counted 207
1257	1257	until all provisional ballots are determined either eligible 208
1258	1258	or ineligible and all provisional ballots must be processed 209
1259	1259	before the election is certified. The provisional ballot 210
1260	1260	shall be counted only if the election authority determines 211
1261	1261	that the voter is registered and eligible to vote. 212
1262	1262	Provisional ballots voted in the wrong polling place shall 213
1263	1263	not be counted. If the voter is not registered but is 214
1264	1264	qualified to register for future elections, the affidavit 215
1265	1265	shall be considered a mail -in application to register to 216
1266	1266	vote pursuant to this chapter. 217 SB 832 40
1267	1267	7. (1) After the election authority completes its 218
1268	1268	review of the provisional voter's eligibility under 219
1269	1269	subsection 5 of this s ection, the election authority shall 220
1270	1270	deliver the provisional ballots and copies of the 221
1271	1271	provisional ballot envelopes that include eligibility 222
1272	1272	information to bipartisan counting teams, which may be the 223
1273	1273	board of verification, for review and tabulation. The 224
1274	1274	election authority shall maintain a record of such 225
1275	1275	delivery. The record shall include the number of ballots 226
1276	1276	delivered to each team and shall include a signed receipt 227
1277	1277	from two judges, one from each major political party. The 228
1278	1278	election authority sha ll provide each team with a ballot box 229
1279	1279	and material necessary for tabulation. 230
1280	1280	(2) If the person named on the provisional ballot 231
1281	1281	affidavit is found to have been properly qualified and 232
1282	1282	registered to cast a ballot in the election and the 233
1283	1283	provisional ballot otherwise qualifies to be counted under 234
1284	1284	the provisions of this section, the envelope shall be 235
1285	1285	opened, and the ballot shall be placed in a ballot box to be 236
1286	1286	counted. 237
1287	1287	(3) If the person named on the provisional ballot 238
1288	1288	affidavit is found not t o have been properly qualified and 239
1289	1289	registered to cast a ballot in the election or if the 240
1290	1290	election authority is unable to determine such person's 241
1291	1291	right to vote, the envelope containing the provisional 242
1292	1292	ballot shall not be opened, and the person's vote sh all not 243
1293	1293	be counted. The members of the team shall follow the 244
1294	1294	procedures set forth in subsection 5 of this section for 245
1295	1295	rejected provisional ballots. 246
1296	1296	(4) The votes shall be tallied and the returns made as 247
1297	1297	provided in sections 115.447 to 115.525 [for paper ballots]. 248
1298	1298	After the vote on all ballots assigned to a team have been 249 SB 832 41
1299	1299	counted, the ballots, ballot envelopes, and copies of ballot 250
1300	1300	envelopes with the eligibility information provided by the 251
1301	1301	election authority shall be enclosed in sealed contain ers 252
1302	1302	marked "Voted provisional ballots and ballot envelopes from 253
1303	1303	the election held ______, 20______". All rejected 254
1304	1304	provisional ballots, ballot envelopes, and copies of ballot 255
1305	1305	envelopes with the eligibility information provided by the 256
1306	1306	election authority shall be enclosed in sealed containers 257
1307	1307	marked "Rejected provisional ballots and ballot envelopes 258
1308	1308	from the election held ______, 20______". On the outside of 259
1309	1309	each voted ballot and rejected ballot container, each member 260
1310	1310	of the team shall write their n ame and all such containers 261
1311	1311	shall be returned to the election authority. Upon receipt 262
1312	1312	of the returns and ballots, the election authority shall 263
1313	1313	tabulate the provisional votes. 264
1314	1314	8. Challengers and watchers, as provided by sections 265
1315	1315	115.105 and 115.107, may be present during all times that 266
1316	1316	the bipartisan counting teams are reviewing or counting the 267
1317	1317	provisional ballots, the provisional ballot envelopes, or 268
1318	1318	copies of the provisional ballot envelopes that include 269
1319	1319	eligibility information provided by t he election authority. 270
1320	1320	Challengers and watchers shall be permitted to observe the 271
1321	1321	determination of the eligibility of all provisional 272
1322	1322	ballots. The election authority shall notify the county 273
1323	1323	chair of each major political party of the time and location 274
1324	1324	when bipartisan counting teams will be reviewing or counting 275
1325	1325	the provisional ballots, the provisional ballot envelopes, 276
1326	1326	or the copies of the provisional ballot envelopes that 277
1327	1327	include the eligibility information provided by the election 278
1328	1328	authority. 279
1329	1329	9. [The certificate of ballot cards shall: 280 SB 832 42
1330	1330	(1) Reflect the number of provisional envelopes 281
1331	1331	delivered; and 282
1332	1332	(2) Reflect the number of sealed provisional envelopes 283
1333	1333	with voted ballots deposited in the ballot box. 284
1334	1334	10. In counties where th e voting system does not 285
1335	1335	utilize a paper ballot, the election authority shall provide 286
1336	1336	the appropriate provisional ballots to each polling place. 287
1337	1337	11.] The secretary of state may promulgate rules for 288
1338	1338	purposes of ensuring the uniform application of t his 289
1339	1339	section. No rule or portion of a rule promulgated pursuant 290
1340	1340	to the authority of this section shall become effective 291
1341	1341	unless it has been promulgated pursuant to chapter 536. 292
1342	1342	[12.] 10. The secretary of state shall design and 293
1343	1343	provide to the election authorities the envelopes and forms 294
1344	1344	necessary to carry out the provisions of this section. 295
1345	1345	[13.] 11. Pursuant to the Help America Vote Act of 296
1346	1346	2002, the secretary of state shall ensure a free access 297
1347	1347	system is established, such as a toll -free number or an 298
1348	1348	internet website, that any individual who casts a 299
1349	1349	provisional ballot may access to discover whether the vote 300
1350	1350	of that individual was counted, and, if the vote was not 301
1351	1351	counted, the reason that the vote was not counted. At the 302
1352	1352	time an individual casts a provisional ballot, the election 303
1353	1353	authority shall give the voter written information that 304
1354	1354	states that any individual who casts a provisional ballot 305
1355	1355	will be able to ascertain under such free access system 306
1356	1356	whether the vote was counted, and if the vote was not 307
1357	1357	counted, the reason that the vote was not counted. 308
1358	1358	[14.] 12. In accordance with the Help America Vote Act 309
1359	1359	of 2002, any individual who votes in an election as a result 310
1360	1360	of a court order or any other order extending the time 311
1361	1361	established for closing the polls in section 115.407 may 312 SB 832 43
1362	1362	vote only by using a provisional ballot, and such 313
1363	1363	provisional ballot shall be separated and held apart from 314
1364	1364	other provisional ballots cast by those not affected by the 315
1365	1365	order. Such ballots shall not be counted until such time as 316
1366	1366	the ballots are determined to be valid. No state court 317
1367	1367	shall have jurisdiction to extend the polling hours 318
1368	1368	established by law, including section 115.407. 319
1369	1369	115.433. After the voter's identification certifi cate 1
1370	1370	has been initialed, two judges of different political 2
1371	1371	parties, or one judge from a major political party and one 3
1372	1372	judge with no political affiliation, shall [, where paper 4
1373	1373	ballots are used,] initial the voter's ballot [or ballot 5
1374	1374	card]. 6
1375	1375	115.436. 1. [In jurisdictions using paper ballots and 1
1376	1376	electronic voting systems, ] When any physically disabled 2
1377	1377	voter within two hundred feet of a polling place is unable 3
1378	1378	to enter the polling place, two election judges, one of each 4
1379	1379	major political party, shall take a ballot [, equipment] and 5
1380	1380	materials necessary for voting to the voter. The voter 6
1381	1381	shall mark the ballot, and the election judges shall place 7
1382	1382	the ballot in an envelope and place it in the ballot box. 8
1383	1383	2. [In jurisdictions using voting machines, when any 9
1384	1384	physically disabled voter within two hundred feet of a 10
1385	1385	polling place is unable to enter the polling place, two 11
1386	1386	election judges, one of each major political party, shall 12
1387	1387	take an absentee ballot to the voter. The voter shall mark 13
1388	1388	the ballot, and the election judges shall place the ballot 14
1389	1389	in an envelope and place it in the ballot box. 15
1390	1390	3.] Upon request to the election authority, the 16
1391	1391	election authority in any jurisdiction shall designate a 17
1392	1392	polling place accessible to any physically disabled voter 18
1393	1393	other than the polling place to which that voter would 19 SB 832 44
1394	1394	normally be assigned to vote, provided that the candidates 20
1395	1395	and issues voted on are consistent for both the designated 21
1396	1396	location and the voting location for the voter's pre cinct. 22
1397	1397	Upon request, the election authority may also assign members 23
1398	1398	of the physically disabled voter's household and such 24
1399	1399	voter's caregiver to the same voting location as the 25
1400	1400	physically disabled voter. In no event shall a voter be 26
1401	1401	assigned under this section to a designated location apart 27
1402	1402	from the established voting location for the voter's 28
1403	1403	precinct if the voter objects to the assignment to another 29
1404	1404	location. 30
1405	1405	115.439. 1. [If paper ballots are used, ] The voter 1
1406	1406	shall, immediately upon receiving [his] a ballot, go alone 2
1407	1407	to a voting booth and vote [his] the ballot in the following 3
1408	1408	manner: 4
1409	1409	(1) When a voter desires to vote for a candidate, the 5
1410	1410	voter shall place a distinguishing mark immediately beside 6
1411	1411	the name of the candid ate for which the voter intends to 7
1412	1412	vote; 8
1413	1413	(2) If a write-in line appears on the ballot, the 9
1414	1414	voter may write the name of the person for whom he or she 10
1415	1415	wishes to vote on the line and place a distinguishing mark 11
1416	1416	immediately beside the name; 12
1417	1417	(3) If the ballot is one which contains no candidates, 13
1418	1418	the voter shall place a distinguishing mark directly to the 14
1419	1419	left of each "YES" or "NO" he or she desires to vote. 15
1420	1420	No voter shall vote for the same person more than once for 16
1421	1421	the same office at the same election. 17
1422	1422	2. If the voter accidentally spoils [his] the ballot 18
1423	1423	[or ballot card] or makes an error, [he] the voter may 19
1424	1424	return it to an election judge and receive another. The 20 SB 832 45
1425	1425	election judge shall mark "SPOILED" across the ballot [or 21
1426	1426	ballot card] and place it in an envelope marked "SPOILED 22
1427	1427	BALLOTS". After another ballot has been prepared in the 23
1428	1428	manner provided in section 115.433, the ballot shall be 24
1429	1429	given to the voter for voting. 25
1430	1430	3. Any rule or portion of a rule, as that term is 26
1431	1431	defined in section 536.010, that is created under the 27
1432	1432	authority delegated in this section shall become effective 28
1433	1433	only if it complies with and is subject to all of the 29
1434	1434	provisions of chapter 536 and, if applicable, section 30
1435	1435	536.028. This section and chapter 53 6 are nonseverable and 31
1436	1436	if any of the powers vested with the general assembly 32
1437	1437	pursuant to chapter 536 to review, to delay the effective 33
1438	1438	date or to disapprove and annul a rule are subsequently held 34
1439	1439	unconstitutional, then the grant of rulemaking authority and 35
1440	1440	any rule proposed or adopted after August 28, 2002, shall be 36
1441	1441	invalid and void. 37
1442	1442	115.443. 1. [Where paper ballots are used, ] The voter 1
1443	1443	shall, before leaving the voting booth, fold [his] the 2
1444	1444	ballot so that the distinguishing marks are concealed. The 3
1445	1445	voter shall place [his] the ballot in the ballot box and 4
1446	1446	leave the polling place immediately. 5
1447	1447	2. In case of [Where electronic] voting machines [are 6
1448	1448	used,] authorized under section 115.226, the voter shall 7
1449	1449	register his vote as directed in the instructions for use of 8
1450	1450	the machine, fold the printed ballot so that the 9
1451	1451	distinguishing marks are concealed, place the ballot in the 10
1452	1452	ballot box, and leave the polling place immediately. 11
1453	1453	115.447. [1.] As used in [this subchapter] sections 1
1454	1454	115.447 through 115.483 , unless the context clearly implies 2
1455	1455	otherwise, the following terms shall mean: 3 SB 832 46
1456	1456	(1) "Counting judges" are the two judges, one from 4
1457	1457	each major political party, who read each vote received by 5
1458	1458	all candidates and each vote for and against all questions 6
1459	1459	at a polling place; 7
1460	1460	(2) "Receiving judges" are the two judges, one from 8
1461	1461	each major political party, who initial each voter's ballot 9
1462	1462	at a polling place; 10
1463	1463	(3) "Recording judges" are the two judge s, one from 11
1464	1464	each major political party, who tally the votes received by 12
1465	1465	each candidate and for and against each question at a 13
1466	1466	polling place. These terms describe functions rather than 14
1467	1467	individuals, and any election judge may perform more than 15
1468	1468	one function at a polling place on election day [.]; 16
1469	1469	[2. As used in this subchapter, unless the context 17
1470	1470	clearly implies otherwise, the following terms shall mean: 18
1471	1471	(1)] (4) "Defective ballot" is any ballot on which the 19
1472	1472	number of write-in votes and votes cast on the ballot for 20
1473	1473	any office exceed the number allowed by law [, and any ballot 21
1474	1474	which is bent or damaged so that it cannot be properly 22
1475	1475	counted by automatic tabulating equipment ]; 23
1476	1476	[(2)] (5) "Rejected ballot" is any ballot on which no 24
1477	1477	votes are counted because the ballot fails to have the 25
1478	1478	initials of the proper election judges, because the number 26
1479	1479	of votes for all offices and on all questions exceeds the 27
1480	1480	number authorized by law, because the voter is deemed by the 28
1481	1481	election judges to be unqu alified, because it is an absentee 29
1482	1482	ballot not accompanied by a completed and signed affidavit, 30
1483	1483	or because the ballot was voted with unlawful assistance; 31
1484	1484	[(3)] (6) "Spoiled ballot" is any ballot accidentally 32
1485	1485	spoiled by a voter and replaced by elect ion judges in the 33
1486	1486	manner provided in subsection 2 of section 115.439. 34 SB 832 47
1487	1487	115.449. 1. As soon as the polls close in each 1
1488	1488	polling place [using paper ballots], the election judges 2
1489	1489	shall begin to count the votes. If earlier counting is 3
1490	1490	begun pursuant to section 115.451, the election judges shall 4
1491	1491	complete the count in the manner provided by this section. 5
1492	1492	Once begun, no count shall be adjourned or postponed until 6
1493	1493	all proper votes have been counted. 7
1494	1494	2. One counting judge, closely o bserved by the other 8
1495	1495	counting judge, shall take the ballots out of the ballot box 9
1496	1496	one at a time and, holding each ballot in such a way that 10
1497	1497	the other counting judge may read it, shall read the name of 11
1498	1498	each candidate properly voted for and the office so ught by 12
1499	1499	each. As each vote is called out, the recording judges 13
1500	1500	shall each record the vote on a tally sheet. The votes for 14
1501	1501	and against all questions shall likewise be read and 15
1502	1502	recorded. If more than one political subdivision or special 16
1503	1503	district is holding an election on the same day at the same 17
1504	1504	polling place and using separate ballots, the counting 18
1505	1505	judges may separate the ballots of each political 19
1506	1506	subdivision and special district and first read one set, 20
1507	1507	then the next and so on until all proper vo tes have been 21
1508	1508	counted. 22
1509	1509	3. After the recording of all proper votes, the 23
1510	1510	recording judges shall compare their tallies. When the 24
1511	1511	recording judges agree on the count, they shall sign both of 25
1512	1512	the tally sheets, and one of the recording judges shall 26
1513	1513	announce in a loud voice the total number of votes for each 27
1514	1514	candidate and for and against each question. 28
1515	1515	4. After the announcement of the vote, the election 29
1516	1516	judges shall record the vote totals in the appropriate 30
1517	1517	places on each statement of returns. If any tally sheet or 31
1518	1518	statement of returns contains no heading for any question, 32 SB 832 48
1519	1519	the election judges shall write the necessary headings on 33
1520	1520	the tally sheet or statement of returns. 34
1521	1521	5. Once all of the votes have been read and recorded 35
1522	1522	at a polling place, the results from such polling place 36
1523	1523	shall be released to the election authority, the secretary 37
1524	1524	of state, and the public. Under no circumstances shall any 38
1525	1525	vote count or tally be released from any specific polling 39
1526	1526	place to any person or entity prior to all of the votes 40
1527	1527	being counted from such polling place. 41
1528	1528	115.451. [If authorized by the election authority, ] 1
1529	1529	The election judges may read and record votes before the 2
1530	1530	close of the polls. [If so authorized,] The election judges 3
1531	1531	shall use one ballot box for the deposit of ballots during 4
1532	1532	[the first] each hour of voting. At the end of [the] each 5
1533	1533	hour, the receiving judges shall deliver the ballot box to 6
1534	1534	the counting and recording judges, who shall give the 7
1535	1535	receiving judges a second empty ballot box. The second 8
1536	1536	ballot box shall be shown to be empty and locked in the 9
1537	1537	manner provided in section 115.423. The second ballot box 10
1538	1538	shall not be opened or removed from public view from the 11
1539	1539	time it is shown to be empty until the tim e the polls close 12
1540	1540	or it is removed for counting pursuant to this section. If 13
1541	1541	containing at least twenty -five ballots, the ballot box 14
1542	1542	containing the voted ballots shall be taken to a private 15
1543	1543	area within the polling place, and the ballots shall be read 16
1544	1544	and recorded in the manner provided by section 115.449. In 17
1545	1545	no case shall ballot boxes be switched at less than one hour 18
1546	1546	intervals and then only if twenty -five or more ballots have 19
1547	1547	been voted during the hour. For any votes read and recorded 20
1548	1548	prior to the close of polls, no election judge shall 21
1549	1549	disclose the tally of the vote counted until all of the 22
1550	1550	votes have been counted and reported from the polling place. 23 SB 832 49
1551	1551	115.456. 1. [(1) The election authority shall be 1
1552	1552	responsible for ensur ing that the standards provided for in 2
1553	1553	this subsection are followed when counting ballots cast 3
1554	1554	using optical scan voting systems. 4
1555	1555	(2) Prior to tabulating ballots, all machines shall be 5
1556	1556	programmed to reject blank ballots where no votes are 6
1557	1557	recorded or where an overvote is registered in any race. 7
1558	1558	(3) In jurisdictions using precinct -based tabulators, 8
1559	1559	the voter who cast the ballot shall review the ballot if 9
1560	1560	rejected, if the voter wishes to make any changes to the 10
1561	1561	ballot, or if the voter would like to spoil the ballot and 11
1562	1562	receive another ballot. 12
1563	1563	(4) In jurisdictions using centrally based tabulators, 13
1564	1564	if a ballot is so rejected it shall be reviewed by a 14
1565	1565	bipartisan team using the following criteria: 15
1566	1566	(a) If a ballot is determined to be damaged, the 16
1567	1567	bipartisan team shall spoil the original ballot and 17
1568	1568	duplicate the voter's intent on the new ballot, provided 18
1569	1569	that there is an undisputed method of matching the duplicate 19
1570	1570	card with its original after it has been placed with the 20
1571	1571	remainder of the ballot cards from such precinct; and 21
1572	1572	(b) Voter intent shall be determined using the 22
1573	1573	following criteria: 23
1574	1574	a. There is a distinguishing mark in the printed oval 24
1575	1575	or divided arrow adjacent to the name of the candidate or 25
1576	1576	issue preference; 26
1577	1577	b. There is a distinguishing mark adjacent to the name 27
1578	1578	of the candidate or issue preference; or 28
1579	1579	c. The name of the candidate or issue preference is 29
1580	1580	circled. 30 SB 832 50
1581	1581	(5) In jurisdictions using optical scan systems, a 31
1582	1582	valid vote for a write -in candidate shall include the 32
1583	1583	following: 33
1584	1584	(a) A distinguishing mark in the designated location 34
1585	1585	preceding the name of the candidate; 35
1586	1586	(b) The name of the candidate. If the name of the 36
1587	1587	candidate as written by the voter is substantially as 37
1588	1588	declared by the candidate it shall be counted, or in those 38
1589	1589	circumstances where the names of candidates are similar, the 39
1590	1590	names of candidates as shown on voter registration records 40
1591	1591	shall be counted; and 41
1592	1592	(c) The name of the office for which the candidate is 42
1593	1593	to be elected. 43
1594	1594	(6) Whenever a hand recount of votes of optical scan 44
1595	1595	ballots is ordered, the provisions of this subsection shall 45
1596	1596	be used to determine voter intent. 46
1597	1597	2.] (1) The election authority shall be responsible 47
1598	1598	for ensuring that the standards provided for in this 48
1599	1599	subsection are followed when counting ballots [cast using 49
1600	1600	paper ballots]. 50
1601	1601	(2) Voter intent shall be determined using the 51
1602	1602	following criteria: 52
1603	1603	(a) There is a distinguishing mark in the square 53
1604	1604	adjacent to the name of the candidate or issue preference; 54
1605	1605	(b) There is a distinguishing mark adjacent to the 55
1606	1606	name of the candidate or issue preference; or 56
1607	1607	(c) The name of the candidate or issue preference is 57
1608	1608	circled. 58
1609	1609	(3) [In jurisdictions using paper ba llots,] A valid 59
1610	1610	vote for a write-in candidate shall include the following: 60
1611	1611	(a) A distinguishing mark in the square immediately 61
1612	1612	preceding the name of the candidate; 62 SB 832 51
1613	1613	(b) The name of the candidate. If the name of the 63
1614	1614	candidate as written by th e voter is substantially as 64
1615	1615	declared by the candidate it shall be counted, or in those 65
1616	1616	circumstances where the names of candidates are similar, the 66
1617	1617	names of candidates as shown on voter registration records 67
1618	1618	shall be counted; and 68
1619	1619	(c) The name of the office for which the candidate is 69
1620	1620	to be elected. 70
1621	1621	(4) Whenever a hand recount of votes [of paper 71
1622	1622	ballots] is ordered, the provisions of this subsection shall 72
1623	1623	be used to determine voter intent. 73
1624	1624	[3.] 2. Notwithstanding any other provision of law, a 74
1625	1625	distinguishing mark indicating a general preference for or 75
1626	1626	against the candidates of one political party shall not be 76
1627	1627	considered a vote for or against any specific candidate. 77
1628	1628	115.459. At each polling place [using paper ballots], 1
1629	1629	after the polling place is closed, the election judges shall : 2
1630	1630	(1) Certify in the tally book the number of ballots 3
1631	1631	cast, the number of identification certificates signed, the 4
1632	1632	number of rejected and spoiled ballots and the number of 5
1633	1633	ballots received at the polling place which were not cast at 6
1634	1634	the election. If the number of signed identification 7
1635	1635	certificates is not the same as the number of ballots cast, 8
1636	1636	the judges shall make a signed statement of the fact and the 9
1637	1637	reasons therefor if known a nd shall return the statement 10
1638	1638	with the statements of returns; 11
1639	1639	(2) Certify on two statements of returns the number of 12
1640	1640	votes received by each candidate and for and against each 13
1641	1641	question. No returns shall be signed in blank or before the 14
1642	1642	polls have closed and all proper votes cast at the polling 15
1643	1643	place have been counted; 16 SB 832 52
1644	1644	(3) Certify that each statement made in the tally book 17
1645	1645	and on each statement of returns is correct. If any judge 18
1646	1646	declines to certify that all such statements are correct, h e 19
1647	1647	shall state his reasons in writing, which shall be attached 20
1648	1648	to each statement of returns and returned with the statement 21
1649	1649	to the election authority. 22
1650	1650	115.461. 1. The tally book for each polling place 1
1651	1651	[using paper ballots] shall be in substantially the 2
1652	1652	following form: 3
1653	1653	4
1654	1654	5
1655	1655	6
1656	1656	7
1657	1657	8
1658	1658	9
1659	1659	Tally book for ______ precincts, at the general
1660	1660	(special, primary) election held on the ______ day
1661	1661	of ______, 20______ AB, CD, EF, and XP judges, and
1662	1662	ZR and LT, watchers and BH and S P challengers at
1663	1663	this polling place, were sworn as the law directs
1664	1664	before beginning their duties.
1665	1665
1666	1666	10 We hereby certify:
1667	1667	11
1668	1668	12
1669	1669	The number of ballots received at this polling
1670	1670	place is ______;
1671	1671
1672	1672	13
1673	1673	14
1674	1674	15
1675	1675	16
1676	1676	The information on the official ballots
1677	1677	received at this polling place is the same as
1678	1678	the information on the sample ballots received
1679	1679	at this polling place.
1680	1680
1681	1681	17 AB
1682	1682	18 CD Election Judges
1683	1683	19 EF
1684	1684	20 XP
1685	1685	21 We hereby certify:
1686	1686	22
1687	1687	23
1688	1688	The number of ballots cast at this polling
1689	1689	place is ______;
1690	1690
1691	1691	24
1692	1692	25
1693	1693	The number of identification certificates
1694	1694	signed at this polling place is ______;
1695	1695
1696	1696	26
1697	1697	27
1698	1698	The number of rejected ballots at this polling
1699	1699	place is ______;
1700	1700	SB 832 53
1701	1701	2. At each polling place [using paper ballots, ] two 37
1702	1702	tally sheets shall b e included in each tally book. The 38
1703	1703	tally sheets shall be in substantially the following form: 39
1704	1704	28
1705	1705	29
1706	1706	The number of spoiled ballots at this polling
1707	1707	place is ______;
1708	1708
1709	1709	30
1710	1710	31
1711	1711	32
1712	1712	The number of ballots received at this polling
1713	1713	place which were not cast at this election is
1714	1714	______;
1715	1715
1716	1716	33 AB
1717	1717	34 CD
1718	1718	35 EF
1719	1719	36 XP
1720	1720	40 NAMES OF PERSONS VOTED FOR AND
1721	1721	41 FOR WHAT OFFICE AND THE NUMBER
1722	1722	42 OF VOTES CAST FOR EACH PERSON
1723	1723	43 Office Candidates Tally of Votes Total Votes
1724	1724	44 MC
1725	1725	45 Governor HK
1726	1726	46 EH
1727	1727	47 Representative SS
1728	1728	48 in RK
1729	1729	49 Congress CB
1730	1730	50 VOTES FOR AND AGAINST EACH QUESTION
1731	1731	51
1732	1732	52
1733	1733	53
1734	1734	Question Tally of votes
1735	1735	FOR
1736	1736	Tally of
1737	1737	votes
1738	1738	AGAINST
1739	1739	Total of votes
1740	1740	FOR
1741	1741	Total of
1742	1742	votes
1743	1743	AGAINST
1744	1744
1745	1745	54
1746	1746	55
1747	1747	1.
1748	1748	To_____
1749	1749	SB 832 54
1750	1750	3. At each polling place [using paper ballots,] two 67
1751	1751	statements of returns shall be provided to the election 68
1752	1752	judges. The statements of returns shall be in substantially 69
1753	1753	the following form: 70
1754	1754	56 ______
1755	1755	57 ______
1756	1756	58
1757	1757	59
1758	1758	2.
1759	1759	To_____
1760	1760
1761	1761	60 ______
1762	1762	61 __________________ __________________
1763	1763	62
1764	1764	63
1765	1765	Signature of Recording Signature of
1766	1766	Recording
1767	1767
1768	1768	64 Judge Judge
1769	1769	65
1770	1770	66
1771	1771	(of different
1772	1772	political party)
1773	1773
1774	1774	71
1775	1775	72
1776	1776	73
1777	1777	74
1778	1778	We hereby certify that MC had ______ votes for
1779	1779	governor, and HK had ______ votes for governor and
1780	1780	EH had ______ votes for governor; that SS had
1781	1781	______ votes for representative in Congress, etc.
1782	1782
1783	1783	75
1784	1784	76
1785	1785	77
1786	1786	78
1787	1787	79
1788	1788	We hereby certify that proposition numbe r 1
1789	1789	received ______ votes for and ______ votes
1790	1790	against; constitutional amendment number 1
1791	1791	received ______ votes for and ______ votes
1792	1792	against, etc.
1793	1793
1794	1794	80
1795	1795	81
1796	1796	82
1797	1797	83
1798	1798	84
1799	1799	85
1800	1800	86
1801	1801	87
1802	1802	We, the duly qualified and acting Judges of the
1803	1803	polling place for ______ precincts, at the general
1804	1804	(special, primary) election held on the ______ of
1805	1805	______, 20______, in ______ county (City of St.
1806	1806	Louis, Kansas City), Missouri do hereby certify
1807	1807	that the foregoing is a full and accurate return
1808	1808	of all votes cast at this polling place for all
1809	1809	candidates and for and against all questions.
1810	1810
1811	1811	88 AB SB 832 55
1812	1812	115.493. The election authority shall keep all voted 1
1813	1813	ballots, [ballot cards,] processed ballot materials in 2
1814	1814	electronic form that contain individual unique voter 3
1815	1815	identity information or other information traceable to the 4
1816	1816	individual voter and write-in forms, and all applications, 5
1817	1817	statements, certificates, affidavits and computer programs 6
1818	1818	relating to each election for [twenty-two months] five years 7
1819	1819	after the date of the election. During the time that voted 8
1820	1820	ballots, [ballot cards, processed ballot materials in 9
1821	1821	electronic form] and write-in forms are kept by the election 10
1822	1822	authority, it shall not open or inspect them or allow anyone 11
1823	1823	else to do so, except upon order of a legislative body 12
1824	1824	trying an election contest, a court or a grand jury. 13
1825	1825	Processed ballot materials in electro nic form that do not 14
1826	1826	contain individual unique voter identity information or 15
1827	1827	other information traceable to the individual voter 16
1828	1828	obtainable from voting machines and election management 17
1829	1829	systems including the cast vote record specified by NIST 18
1830	1830	1500-103 shall be made available to Missouri residents upon 19
1831	1831	request to a local election authority. After [twenty-two 20
1832	1832	months] five years, the ballots, [ballot cards,] processed 21
1833	1833	ballot materials in electronic form, write -in forms, 22
1834	1834	applications, statements, certi ficates, affidavits and 23
1835	1835	computer programs relating to each election may be 24
1836	1836	destroyed. If an election contest, grand jury investigation 25
1837	1837	or civil or criminal case relating to the election is 26
1838	1838	pending at the time, however, the materials shall not be 27
1839	1839	89 CD Election Judges
1840	1840	90 EF
1841	1841	91 XP SB 832 56
1842	1842	destroyed until the contest, investigation or case is 28
1843	1843	finally determined. 29
1844	1844	115.501. As soon as possible after an election [in 1
1845	1845	which paper ballots or ballot cards are used ], the 2
1846	1846	verification board shall meet and check the addition and 3
1847	1847	figures on all tally sheets and statements of returns and 4
1848	1848	shall compare its record with the returns made by the 5
1849	1849	election judges and the election authority on the day of the 6
1850	1850	election. Before meeting, the verification board shall give 7
1851	1851	notice of the time an d place of the meeting to each 8
1852	1852	independent and new party candidate and the chairman of the 9
1853	1853	county committee of each political party named on the ballot 10
1854	1854	at the election. The meeting and proceedings of the 11
1855	1855	verification board shall be open to a represent ative of each 12
1856	1856	independent candidate and political party named on the 13
1857	1857	ballot. If there is a discrepancy between the returns of 14
1858	1858	the election judges and the election authority and the 15
1859	1859	record of the verification board, the verification board 16
1860	1860	shall correct the returns made by the judges and election 17
1861	1861	authority to conform to its record. The corrected returns 18
1862	1862	shall supersede the returns made by the election judges and 19
1863	1863	the election authority on election day. Both the record and 20
1864	1864	the returns shall be retai ned by the election authority as 21
1865	1865	provided in section 115.493. 22
1866	1866	115.527. Any [candidate for nomination to an office at 1
1867	1867	a primary election] registered voter may challenge the 2
1868	1868	correctness of the returns for [the] a nomination to any 3
1869	1869	office for which such registered voter was eligible to vote 4
1870	1870	charging that irregularities occurred in the election. 5
1871	1871	115.531. 1. Not later than five days after the 1
1872	1872	official announcement of the results of a primary election 2
1873	1873	is issued by the election authority or the secretary of 3 SB 832 57
1874	1874	state, as the case may be, [any candidate] the person 4
1875	1875	desiring to contest the primary election shall file a 5
1876	1876	verified petition in the office of the clerk of the circuit 6
1877	1877	court of any circuit in which part of the election was held 7
1878	1878	and in which any alleged irregularity occurred, unless the 8
1879	1879	office involved in the contest is that of a circuit or 9
1880	1880	associate circuit judge not subject to Section 25, Article 10
1881	1881	V, Constitution of Missouri, in which case the verified 11
1882	1882	petition shall be filed, heard, and determined by an 12
1883	1883	adjoining circuit court selected by the contestant as 13
1884	1884	specified in section 115.575. The contestant shall only be 14
1885	1885	required to file one petition with the circuit court for 15
1886	1886	each election contest regardless of the number of counties 16
1887	1887	within the court's jurisdiction. The petition shall set 17
1888	1888	forth the points on which the contestant wishes to contest 18
1889	1889	the election and the facts the contestant will prove in 19
1890	1890	support of such points, and shall pray leave to produ ce such 20
1891	1891	proof. The judge of the court shall immediately note on the 21
1892	1892	petition the date it was filed and shall immediately set a 22
1893	1893	date, not later than five days after the petition is filed, 23
1894	1894	for a preliminary hearing. If the petition is filed in 24
1895	1895	vacation, the judge of the circuit court shall immediately 25
1896	1896	convene the court in special session for the purpose of 26
1897	1897	hearing the contest. If no regular judge of the court is 27
1898	1898	available the supreme court shall immediately assign another 28
1899	1899	judge. The circuit court in which the petition is filed 29
1900	1900	shall have exclusive jurisdiction over all matters relating 30
1901	1901	to the contest and may issue appropriate orders to all 31
1902	1902	election authorities in the area in which the contested 32
1903	1903	election was held. 33
1904	1904	2. If a petition contest ing a primary election is 34
1905	1905	filed in an incorrect circuit, the court in which it is 35 SB 832 58
1906	1906	filed shall have jurisdiction and shall promptly transfer 36
1907	1907	the suit to the correct circuit court. 37
1908	1908	115.541. 1. Whenever a recount is ordered pursuant to 1
1909	1909	section 115.539, the court shall order all materials and 2
1910	1910	records relating to the contest brought before it, so that 3
1911	1911	the court has the same materials and records as the election 4
1912	1912	judges had while making the count and statements of 5
1913	1913	returns. The court shall have authority to pass upon the 6
1914	1914	form and determine the legality of the votes brought into 7
1915	1915	question and to determine the qualifications of any voter 8
1916	1916	whose vote is brought into question, provided that the name 9
1917	1917	of a voter upon a precinct register for the polling place 10
1918	1918	shall be prima facie evidence of the proper qualifications 11
1919	1919	of the voter. A comparison may be made between the 12
1920	1920	signatures on the identification certificates and those 13
1921	1921	which appear in the precinct registers, and no votes shall 14
1922	1922	be counted except the votes of registered voters and those 15
1923	1923	entitled to vote as provided in section 115.277 without 16
1924	1924	being registered. No votes of any person found by the court 17
1925	1925	to be unqualified to vote at the primary election shall be 18
1926	1926	counted. 19
1927	1927	2. Whenever a recount of votes [cast on paper ballots ] 20
1928	1928	is ordered pursuant to section 115.539 or 115.601, the court 21
1929	1929	shall proceed to open and count the votes and, after the 22
1930	1930	count has been completed, shall tabulate by voting district 23
1931	1931	the votes cast for the cont estant and the contestee. 24
1932	1932	[3. Whenever a recount of votes cast on any voting 25
1933	1933	machine is ordered pursuant to section 115.539 or 115.601, 26
1934	1934	the court shall make visible the registering counters of the 27
1935	1935	machine and, without unlocking the machine against voting, 28
1936	1936	shall record the votes cast on the machine. 29 SB 832 59
1937	1937	4. Whenever a recount of votes cast on ballot cards is 30
1938	1938	ordered pursuant to section 115.539 or 115.601, the court 31
1939	1939	shall supervise a test of the automatic tabulating equipment 32
1940	1940	conducted in the manner provided in section 115.233 and 33
1941	1941	shall cause the votes to be recounted automatically or may 34
1942	1942	order a hand count of the votes. In its discretion, the 35
1943	1943	court may order a new computer program to be made, which 36
1944	1944	shall be tested in the manner provided in section 115.233 37
1945	1945	before the votes in question are recounted automatically. ] 38
1946	1946	115.553. 1. Any [candidate for election to any 1
1947	1947	office] registered voter may challenge the correctness of 2
1948	1948	the returns for [the office] any election for which such 3
1949	1949	voter was eligible to vote , charging that irregularities 4
1950	1950	occurred in the election. 5
1951	1951	2. The result of any election on any question may be 6
1952	1952	contested by one or more registered voters from the area in 7
1953	1953	which the election was held. The petitioning voter or 8
1954	1954	voters shall be considered the contestant and the officer or 9
1955	1955	election authority responsible for issuing the statement 10
1956	1956	setting forth the result of the election shall be considered 11
1957	1957	the contestee. In any such contest, the proponents and 12
1958	1958	opponents of the ballot question shall have the right to 13
1959	1959	engage counsel to represent and act for them in all matters 14
1960	1960	involved in and pertaining to the contest. 15
1961	1961	115.585. 1. Whenever a recount is ordered pursuant to 1
1962	1962	section 115.583 or 115.6 01, the court or legislative body 2
1963	1963	trying the contest shall issue a writ to each election 3
1964	1964	authority responsible for conducting the election in any 4
1965	1965	area in which an alleged irregularity occurred, commanding 5
1966	1966	the election authority to prepare its office an d all records 6
1967	1967	and materials relating to the contested election for the 7
1968	1968	recount. Such writ shall be served immediately on the 8 SB 832 60
1969	1969	election authority by the sheriff of the county. Upon 9
1970	1970	receipt of a writ, each election authority shall set a day, 10
1971	1971	not more than twenty days after receiving the writ, on which 11
1972	1972	it will have its office and all records and materials 12
1973	1973	relating to the contested election prepared. Immediately 13
1974	1974	upon setting the day, the election authority shall send by 14
1975	1975	certified or registered mail a notice to the court or 15
1976	1976	legislative body issuing the writ. The notice shall set 16
1977	1977	forth the day selected by the election authority for the 17
1978	1978	recount. 18
1979	1979	2. Whenever a recount is ordered pursuant to section 19
1980	1980	115.583, the court or legislative body shall h ave authority 20
1981	1981	to pass upon the form and determine the legality of the 21
1982	1982	votes brought into question and to determine the 22
1983	1983	qualifications of any voter whose vote is brought into 23
1984	1984	question, provided that the name of a voter upon a precinct 24
1985	1985	register for the polling place shall be prima facie evidence 25
1986	1986	of the proper qualifications of the voter. A comparison may 26
1987	1987	be made between the signatures on the identification 27
1988	1988	certificates and those which appear in the precinct 28
1989	1989	registers, and no votes shall be counted e xcept the votes of 29
1990	1990	registered voters and those entitled to vote as provided in 30
1991	1991	subsection 2 of section 115.137 and section 115.277 without 31
1992	1992	being registered. No votes of any person found by the court 32
1993	1993	to be unqualified to vote at the election shall be c ounted. 33
1994	1994	3. Whenever a recount of votes [cast on paper ballots ] 34
1995	1995	is ordered pursuant to section 115.583 or 115.601, the court 35
1996	1996	or legislative body shall proceed to open and count the 36
1997	1997	votes and, after the count has been completed, shall 37
1998	1998	tabulate by voting district the votes cast for the 38
1999	1999	contestant and the contestee. 39 SB 832 61
2000	2000	[4. Whenever a recount of votes cast on any voting 40
2001	2001	machine is ordered pursuant to section 115.583 or 115.601, 41
2002	2002	the court or legislative body shall make visible the 42
2003	2003	registering counters of the machine and, without unlocking 43
2004	2004	the machine against voting, shall record the votes cast on 44
2005	2005	the machine. 45
2006	2006	5. Whenever a recount of votes cast on ballot cards is 46
2007	2007	ordered pursuant to section 115.583 or 115.601, the court or 47
2008	2008	legislative body shall supervise a test of the automatic 48
2009	2009	tabulating equipment conducted in the manner provided in 49
2010	2010	section 115.233 and shall cause the votes to be recounted 50
2011	2011	automatically, or may order a hand count of the votes. In 51
2012	2012	its discretion, the court or legisl ative body may order a 52
2013	2013	new computer program to be made, which shall be tested in 53
2014	2014	the manner provided in section 115.233 before the votes in 54
2015	2015	question are recounted automatically. ] 55
2016	2016	115.631. The following offenses, and any others 1
2017	2017	specifically so described by law, shall be class one 2
2018	2018	election offenses and are deemed felonies connected with the 3
2019	2019	exercise of the right of suffrage. Conviction for any of 4
2020	2020	these offenses shall be punished by imprisonment of not more 5
2021	2021	than five years or by fi ne of not less than two thousand 6
2022	2022	five hundred dollars but not more than ten thousand dollars 7
2023	2023	or by both such imprisonment and fine: 8
2024	2024	(1) Willfully and falsely making any certificate, 9
2025	2025	affidavit, or statement required to be made pursuant to any 10
2026	2026	provision of this chapter, including but not limited to 11
2027	2027	statements specifically required to be made "under penalty 12
2028	2028	of perjury"; or in any other manner knowingly furnishing 13
2029	2029	false information to an election authority or election 14
2030	2030	official engaged in any lawfu l duty or action in such a way 15
2031	2031	as to hinder or mislead the authority or official in the 16 SB 832 62
2032	2032	performance of official duties. If an individual willfully 17
2033	2033	and falsely makes any certificate, affidavit, or statement 18
2034	2034	required to be made under section 115.155, in cluding but not 19
2035	2035	limited to statements specifically required to be made 20
2036	2036	"under penalty of perjury", such individual shall be guilty 21
2037	2037	of a class D felony; 22
2038	2038	(2) Voting more than once or voting at any election 23
2039	2039	knowing that the person is not entitled to vote or that the 24
2040	2040	person has already voted on the same day at another location 25
2041	2041	inside or outside the state of Missouri; 26
2042	2042	(3) Procuring any person to vote knowing the person is 27
2043	2043	not lawfully entitled to vote or knowingly procuring an 28
2044	2044	illegal vote to be cast at any election; 29
2045	2045	(4) Applying for a ballot in the name of any other 30
2046	2046	person, whether the name be that of a person living or dead 31
2047	2047	or of a fictitious person, or applying for a ballot in his 32
2048	2048	or her own or any other name after having once vote d at the 33
2049	2049	election inside or outside the state of Missouri; 34
2050	2050	(5) Aiding, abetting or advising another person to 35
2051	2051	vote knowing the person is not legally entitled to vote or 36
2052	2052	knowingly aiding, abetting or advising another person to 37
2053	2053	cast an illegal vote ; 38
2054	2054	(6) An election judge knowingly causing or permitting 39
2055	2055	any ballot to be in the ballot box at the opening of the 40
2056	2056	polls and before the voting commences; 41
2057	2057	(7) Knowingly furnishing any voter with a false or 42
2058	2058	fraudulent or bogus ballot, or knowing ly practicing any 43
2059	2059	fraud upon a voter to induce him or her to cast a vote which 44
2060	2060	will be rejected, or otherwise defrauding him or her of his 45
2061	2061	or her vote; 46
2062	2062	(8) An election judge knowingly placing or attempting 47
2063	2063	to place or permitting any ballot, or pa per having the 48 SB 832 63
2064	2064	semblance of a ballot, to be placed in a ballot box at any 49
2065	2065	election unless the ballot is offered by a qualified voter 50
2066	2066	as provided by law; 51
2067	2067	(9) Knowingly placing or attempting to place or 52
2068	2068	causing to be placed any false or fraudulent or bogus ballot 53
2069	2069	in a ballot box at any election; 54
2070	2070	(10) Knowingly removing any legal ballot from a ballot 55
2071	2071	box for the purpose of changing the true and lawful count of 56
2072	2072	any election or in any other manner knowingly changing the 57
2073	2073	true and lawful count of any election; 58
2074	2074	(11) Knowingly altering, defacing, damaging, 59
2075	2075	destroying or concealing any ballot after it has been voted 60
2076	2076	for the purpose of changing the lawful count of any election; 61
2077	2077	(12) Knowingly altering, defacing, damaging, 62
2078	2078	destroying or concealing any poll list, report, affidavit, 63
2079	2079	return or certificate for the purpose of changing the lawful 64
2080	2080	count of any election; 65
2081	2081	(13) On the part of any person authorized to receive, 66
2082	2082	tally or count a poll list, tally sheet or election return, 67
2083	2083	receiving, tallying or counting a poll list, tally sheet or 68
2084	2084	election return the person knows is fraudulent, forged or 69
2085	2085	counterfeit, or knowingly making an incorrect account of any 70
2086	2086	election; 71
2087	2087	(14) On the part of any person whose duty it is to 72
2088	2088	grant certificates of election, or in any manner declare the 73
2089	2089	result of an election, granting a certificate to a person 74
2090	2090	the person knows is not entitled to receive the certificate, 75
2091	2091	or declaring any election result the person knows is based 76
2092	2092	upon fraudulent, fic titious or illegal votes or returns; 77
2093	2093	(15) Willfully destroying or damaging any official 78
2094	2094	ballots, whether marked or unmarked, after the ballots have 79
2095	2095	been prepared for use at an election and during the time 80 SB 832 64
2096	2096	they are required by law to be preserved i n the custody of 81
2097	2097	the election judges or the election authority; 82
2098	2098	(16) Willfully tampering with, disarranging, altering 83
2099	2099	the information on, defacing, impairing or destroying any 84
2100	2100	voting machine [or marking device] after the machine [or 85
2101	2101	marking device] has been prepared for use at an election and 86
2102	2102	during the time it is required by law to remain locked and 87
2103	2103	sealed with intent to impair the functioning of the machine 88
2104	2104	[or marking device] at an election, mislead any voter at the 89
2105	2105	election, or to destroy or change the count or record of 90
2106	2106	votes on such machine; 91
2107	2107	(17) Registering to vote knowing the person is not 92
2108	2108	legally entitled to register or registering in the name of 93
2109	2109	another person, whether the name be that of a person living 94
2110	2110	or dead or of a fict itious person; 95
2111	2111	(18) Procuring any other person to register knowing 96
2112	2112	the person is not legally entitled to register, or aiding, 97
2113	2113	abetting or advising another person to register knowing the 98
2114	2114	person is not legally entitled to register; 99
2115	2115	(19) Knowingly preparing, altering or substituting any 100
2116	2116	computer program or other counting equipment to give an 101
2117	2117	untrue or unlawful result of an election; 102
2118	2118	(20) On the part of any person assisting a blind or 103
2119	2119	disabled person to vote, knowingly failing to cast su ch 104
2120	2120	person's vote as such person directs; 105
2121	2121	(21) On the part of any registration or election 106
2122	2122	official, permitting any person to register to vote or to 107
2123	2123	vote when such official knows the person is not legally 108
2124	2124	entitled to register or not legally entitl ed to vote; 109
2125	2125	(22) On the part of a notary public acting in his or 110
2126	2126	her official capacity, knowingly violating any of the 111 SB 832 65
2127	2127	provisions of this chapter or any provision of law 112
2128	2128	pertaining to elections; 113
2129	2129	(23) Violation of any of the provisions of sec tions 114
2130	2130	115.275 to 115.303, or of any provision of law pertaining to 115
2131	2131	absentee voting; 116
2132	2132	(24) Assisting a person to vote knowing such person is 117
2133	2133	not legally entitled to such assistance, or while assisting 118
2134	2134	a person to vote who is legally entitled to suc h assistance, 119
2135	2135	in any manner coercing, requesting or suggesting that the 120
2136	2136	voter vote for or against, or refrain from voting on any 121
2137	2137	question, ticket or candidate; 122
2138	2138	(25) Engaging in any act of violence, destruction of 123
2139	2139	property having a value of five h undred dollars or more, or 124
2140	2140	threatening an act of violence with the intent of denying a 125
2141	2141	person's lawful right to vote or to participate in the 126
2142	2142	election process; and 127
2143	2143	(26) Knowingly providing false information about 128
2144	2144	election procedures for the purpo se of preventing any person 129
2145	2145	from going to the polls. 130
2146	2146	115.633. The following offenses, and any others 1
2147	2147	specifically so described by law, shall be class two 2
2148	2148	election offenses and are deemed felonies not connected with 3
2149	2149	the exercise of the right of suffrage. Conviction for any 4
2150	2150	of these offenses shall be punished by imprisonment of not 5
2151	2151	more than five years or by fine of not less than two 6
2152	2152	thousand five hundred dollars but not more than ten thousand 7
2153	2153	dollars or by both such imprisonment and fine: 8
2154	2154	(1) On the day of election or before the counting of 9
2155	2155	votes is completed, willfully concealing, breaking, or 10
2156	2156	destroying any ballot box used or intended to be used at 11
2157	2157	such election or willfully or fraudulently concealing or 12 SB 832 66
2158	2158	removing any ballot box from the custody of the election 13
2159	2159	judges; 14
2160	2160	(2) Willfully tampering with, disarranging, defacing, 15
2161	2161	materially altering, impairing, or destroying any voting 16
2162	2162	machine [or automatic tabulating equipment ] owned or leased 17
2163	2163	by or loaned to an elect ion authority. 18
2164	2164	115.655. 1. The election authority shall provide for 1
2165	2165	the delivery of official ballots to each qualified voter: 2
2166	2166	(1) By first class mail to the mailing address of each 3
2167	2167	voter as it appears on the registration record s of the 4
2168	2168	election authority on the deadline specified in subsection 1 5
2169	2169	of section 115.135 for registration. Each ballot so mailed 6
2170	2170	shall be placed by the election authority in an envelope 7
2171	2171	which is prominently marked "Do Not Forward" and mailed not 8
2172	2172	later than the tenth day prior to the election; or 9
2173	2173	(2) By delivering the ballot to the residential 10
2174	2174	address of the voter as it appears on the registration 11
2175	2175	records of the election authority on the deadline specified 12
2176	2176	in subsection 1 of section 115.135 fo r registration. Such 13
2177	2177	delivery shall be made by a bi -partisan team appointed by 14
2178	2178	the election authority from lists submitted under the 15
2179	2179	provisions of section 115.087. 16
2180	2180	Voters shall also be provided with a return identification 17
2181	2181	envelope, a secrecy envelope , and instructions sufficient to 18
2182	2182	describe the voting process. 19
2183	2183	2. Upon receipt of the ballot, the voter shall mark 20
2184	2184	it, place and seal the marked ballot in the secrecy envelope 21
2185	2185	supplied with the ballot, place and seal the sealed secrecy 22
2186	2186	envelope containing the marked ballot in the return 23
2187	2187	identification envelope supplied with the ballot which has 24 SB 832 67
2188	2188	been signed by the voter and then return the marked ballot 25
2189	2189	to the election authority by either: 26
2190	2190	(1) United States mail; or 27
2191	2191	(2) Personally delivering the ballot to the office of 28
2192	2192	the election authority. 29
2193	2193	3. The election authority may provide additional sites 30
2194	2194	for return delivery of ballots. The election authority may 31
2195	2195	provide for the payment of postage on the return of ballots. 32
2196	2196	4. The return identification envelope shall be in 33
2197	2197	substantially the following form: 34
2198	2198	5. If the ballot is destroyed, spoiled, lost or not 53
2199	2199	received by the voter, the voter may obtai n a replacement 54
2200	2200	ballot from the election authority as provided in this 55
2201	2201	subsection. A voter seeking a replacement ballot shall sign 56
2202	2202	35 PLEASE PRINT:
2203	2203	36 NAME ______
2204	2204	37
2205	2205	38
2206	2206	39
2207	2207	40
2208	2208	41
2209	2209	42
2210	2210	43
2211	2211	I declare under penalty of perjury, a felony, that
2212	2212	I am a resident and a qualified voter for this
2213	2213	election as shown on voter registration records
2214	2214	and that I have voted the enclosed ballot and am
2215	2215	returning it in compliance with sections 115.650
2216	2216	to 115.660, RSMo, and have not and will not vote
2217	2217	more than one ballot in this election.
2218	2218
2219	2219	44
2220	2220	45
2221	2221	I also understand that failure to complete the
2222	2222	information below will invalidate my ballot.
2223	2223
2224	2224	46 __________________
2225	2225	47 Signature
2226	2226	48 __________________
2227	2227	49 Residence Address
2228	2228	50 __________________
2229	2229	51
2230	2230	52
2231	2231	Mailing Address (if
2232	2232	different)
2233	2233	SB 832 68
2234	2234	a statement verified on oath or affirmation, on a form 57
2235	2235	prescribed by the election authority that the ballot was 58
2236	2236	destroyed, spoiled, lost or not received. The applicant 59
2237	2237	shall deliver the statement to the election authority before 60
2238	2238	noon on the date of the election. The applicant may mail 61
2239	2239	the statement to the election authority; but, no election 62
2240	2240	authority shall transmit a ballot by mail under this 63
2241	2241	subsection unless the application is received prior to the 64
2242	2242	close of business on the fifth day prior to the election. 65
2243	2243	When an application is timely received under this 66
2244	2244	subsection, the election authority shall deliver the bal lot 67
2245	2245	to the voter if the voter is present in the office of the 68
2246	2246	election authority, or promptly transmit the ballot by mail 69
2247	2247	to the voter at the address contained in the application, 70
2248	2248	except when prohibited in this subsection. The election 71
2249	2249	authority shall keep a record of each replacement ballot 72
2250	2250	provided under this subsection. 73
2251	2251	6. A ballot must be returned by mail or received in 74
2252	2252	the office of the election authority or at a site provided 75
2253	2253	for receipt of ballots by the election authority no later 76
2254	2254	than 7:00 p.m. on election day. The election authority 77
2255	2255	shall transmit all return identification envelopes to a team 78
2256	2256	or teams of judges of not less than four, with an equal 79
2257	2257	number from each major political party. The judges shall be 80
2258	2258	selected by the elec tion authority from lists submitted 81
2259	2259	under the provisions of section 115.087, and subscribe to 82
2260	2260	the oath provided in section 115.091. Upon receipt of such 83
2261	2261	envelopes the judges shall verify the signature of each 84
2262	2262	voter on the return identification envelop e with the 85
2263	2263	signature of the voter on the voter registration records. 86
2264	2264	Such verification may commence at time prior to the day of 87
2265	2265	the election. The election authority shall adopt procedures 88 SB 832 69
2266	2266	for securing and accounting for all verified return 89
2267	2267	identification envelopes. The secrecy envelope shall not be 90
2268	2268	separated from the return identification envelope before 91
2269	2269	ballots are counted. Ballots may be counted at any time on 92
2270	2270	election day provided the results are not released before 93
2271	2271	7:00 p.m. on that day. Co unting of ballots [may] shall be 94
2272	2272	done by hand [or through the utilization of automatic 95
2273	2273	tabulating equipment ] and shall be governed by the 96
2274	2274	applicable sections of this chapter. 97
2275	2275	[115.227. All provisions of law not 1
2276	2276	inconsistent with sections 115.225 to 115.235 2
2277	2277	shall apply with full force and effect to 3
2278	2278	elections in each jurisdiction using an 4
2279	2279	electronic voting system. ] 5
2280	2280	[115.229. 1. An electronic voting system 1
2281	2281	may be used at any primary election if it has 2
2282	2282	been approved by the secretary of state, 3
2283	2283	complies with the provisions of section 115.225, 4
2284	2284	and if the automatic tabulating equipment will 5
2285	2285	reject each vote on which a voter has voted for 6
2286	2286	candidates of more than one party. 7
2287	2287	2. An electronic voting system ma y be used 8
2288	2288	at any other election if it has been approved by 9
2289	2289	the secretary of state and complies with the 10
2290	2290	provisions of section 115.225. ] 11
2291	2291	[115.233. Within fourteen days prior to an 1
2292	2292	election at which an electronic voting system is 2
2293	2293	to be used, the election authority shall have 3
2294	2294	the automatic tabulating equipment tested to 4
2295	2295	ascertain that the equipment is in compliance 5
2296	2296	with the law and that it will correctly count 6
2297	2297	the votes cast for all offices and on all 7
2298	2298	questions. At least forty-eight hours prior to 8
2299	2299	the test, notice of the time and place of the 9
2300	2300	test shall be mailed to each independent and new 10
2301	2301	party candidate and the chairman of the county 11
2302	2302	committee of each established political party 12
2303	2303	named on the ballot. The test shall be obse rved 13
2304	2304	by at least two persons designated by the 14
2305	2305	election authority, one from each major 15
2306	2306	political party, and shall be open to 16
2307	2307	representatives of the political parties, 17
2308	2308	candidates, the news media and the public. The 18
2309	2309	test shall be conducted by processi ng a 19
2310	2310	preaudited group of ballots. If any error is 20
2311	2311	detected, the cause shall be ascertained and 21
2312	2312	corrected, and an errorless count shall be made 22
2313	2313	before the tabulating equipment is approved. ] 23 SB 832 70
2314	2314	[115.235. In jurisdictions where 1
2315	2315	electronic voting systems are used, the election 2
2316	2316	authority shall cause the marking devices to be 3
2317	2317	put in order, set, adjusted and made ready for 4
2318	2318	voting, before they are delivered to polling 5
2319	2319	places on election day. ] 6
2320	2320	[115.249. No voting machine shall be used 1
2321	2321	unless it: 2
2322	2322	(1) Permits voting in absolute secrecy; 3
2323	2323	(2) Permits each voter to vote for as many 4
2324	2324	candidates for each office as he is lawfully 5
2325	2325	entitled to vote for, and no other; 6
2326	2326	(3) Permits each voter to vote for or 7
2327	2327	against as many questions as he is lawfully 8
2328	2328	entitled to vote on, and no more; 9
2329	2329	(4) Provides facilities for each voter to 10
2330	2330	cast as many write-in votes for each office as 11
2331	2331	he is lawfully entitled to cast; 12
2332	2332	(5) Permits each voter in a primary 13
2333	2333	election to vote for the candidates of only one 14
2334	2334	party announced by the voter in advance; 15
2335	2335	(6) Correctly registers or records and 16
2336	2336	accurately counts all votes cast for each 17
2337	2337	candidate and for and against each question; 18
2338	2338	(7) Is provided with a lock or lock s which 19
2339	2339	prevent any movement of the voting or 20
2340	2340	registering mechanism and any tampering with the 21
2341	2341	mechanism; 22
2342	2342	(8) Is provided with a protective counter 23
2343	2343	or other device whereby any operation of the 24
2344	2344	machine before or after an election will be 25
2345	2345	detected; 26
2346	2346	(9) Is provided with a counter which shows 27
2347	2347	at all times during the election how many people 28
2348	2348	have voted on the machine; 29
2349	2349	(10) Is provided with a proper light which 30
2350	2350	enables each voter, while voting, to clearly see 31
2351	2351	the ballot labels.] 32
2352	2352	[115.255. The use of separate paper 1
2353	2353	ballots for questions and candidates in polling 2
2354	2354	places shall not be prohibited where electronic 3
2355	2355	voting machines are used.] 4
2356	2356	[115.257. 1. In jurisdictions where 1
2357	2357	electronic voting machines are used, the 2
2358	2358	election authority shall cause the voting 3
2359	2359	machines to be put in order, set, adjusted and 4
2360	2360	made ready for voting before they are delivered 5
2361	2361	to polling places. 6
2362	2362	2. At least five days before preparing 7
2363	2363	electronic voting machin es for any election, 8
2364	2364	notice of the time and place of such preparation 9
2365	2365	shall be mailed to each independent candidate 10
2366	2366	and the chairman of the county committee of each 11
2367	2367	established political party named on the 12
2368	2368	ballot. The preparation shall be watched by two 13 SB 832 71
2369	2369	observers designated by the election authority, 14
2370	2370	one from each major political party, and shall 15
2371	2371	be open to representatives of the political 16
2372	2372	parties, candidates, the news media and the 17
2373	2373	public. 18
2374	2374	3. When an electronic voting machine has 19
2375	2375	been examined by such observers and shown to be 20
2376	2376	in good working order, the machine shall be 21
2377	2377	locked against voting. The observers shall 22
2378	2378	certify the vote count on each machine is set at 23
2379	2379	zero. 24
2380	2380	4. After an electronic voting machine has 25
2381	2381	been properly prepar ed and locked, its keys 26
2382	2382	shall be retained by the election authority and 27
2383	2383	delivered to the election judges along with the 28
2384	2384	other election supplies. 29
2385	2385	5. For the purpose of processing absentee 30
2386	2386	ballots, cast by voters in person in the office 31
2387	2387	of the election authority that is deemed 32
2388	2388	designated as a polling place, the election 33
2389	2389	authority may cause voting machines, if used, to 34
2390	2390	be put in order, set, adjusted, tested, and made 35
2391	2391	ready for voting within one business day of the 36
2392	2392	printing of absentee ballots a s provided in 37
2393	2393	section 115.281. The election authority shall 38
2394	2394	have the recording counter except for the 39
2395	2395	protective counter on the voting machine set to 40
2396	2396	zero (000). After the voting machines have been 41
2397	2397	made ready for voting, the election authority 42
2398	2398	shall not permit any person to handle any voting 43
2399	2399	machine, except voters while they are voting and 44
2400	2400	others expressly authorized by the election 45
2401	2401	authority. The election authority shall neither 46
2402	2402	be nor permit any other person to be in any 47
2403	2403	position or near any position that enables the 48
2404	2404	authority or person to see how any absentee 49
2405	2405	voter votes or has voted. 50
2406	2406	6. Nothing in this section shall prohibit 51
2407	2407	the on-site storage of electronic voting 52
2408	2408	machines and the preparation of the electronic 53
2409	2409	machines for voting, provided the electronic 54
2410	2410	voting machines are put in order, set, adjusted 55
2411	2411	and made ready for voting as provided in 56
2412	2412	subsections 1, 2, 3, 4, and 5 of this section. ] 57
2413	2413	[115.259. At each polling place using 1
2414	2414	voting machines, the exterior of the voting 2
2415	2415	machines shall be in plain view of the election 3
2416	2416	judges. The election judges shall not be nor 4
2417	2417	permit any other person to be in any position, 5
2418	2418	or near any position, that enables them to see 6
2419	2419	how any voter votes or has voted. The election 7
2420	2420	judges may inspect any machine as necessary to 8
2421	2421	make sure the ballot label is in its proper 9
2422	2422	place and that the machine has not been damaged. ] 10
2423	2423	[115.261. During an election, no door, 1
2424	2424	compartment, or lock shall be unlocked or 2 SB 832 72
2425	2425	opened, except by direction of the election 3
2426	2426	authority, and then only for good and sufficient 4
2427	2427	reason. If the door, compartment, or lock on 5
2428	2428	any machine is opened by the election authority 6
2429	2429	or his representative, the reason for such 7
2430	2430	opening shall be stated in writ ing, signed by 8
2431	2431	the election authority or his representative and 9
2432	2432	attached to one statement of returns. ] 10
2433	2433	[115.263. After the opening of the polls, 1
2434	2434	the election judges shall not permit any person 2
2435	2435	to handle any electronic voting machine , except 3
2436	2436	voters while they are voting and others 4
2437	2437	expressly authorized by the election authority 5
2438	2438	or state law.] 6
2439	2439	[115.265. If any electronic voting machine 1
2440	2440	at a polling place becomes inoperative, the 2
2441	2441	election judges shall immediately notify the 3
2442	2442	election authority. If possible, the election 4
2443	2443	authority shall repair or replace the machine. 5
2444	2444	If an electronic voting machine is replaced with 6
2445	2445	another machine, the votes on both machines 7
2446	2446	shall be recorded at the close of the polls and 8
2447	2447	shall be added together in determining the 9
2448	2448	results of the election. If the inoperative 10
2449	2449	machine cannot be repaired, and no other machine 11
2450	2450	is available for use, paper ballots made as 12
2451	2451	nearly as practicable to the official ballot may 13
2452	2452	be used. At the close of the polls, the votes 14
2453	2453	on paper ballots and the votes on the electronic 15
2454	2454	voting machines shall be recorded and shall be 16
2455	2455	added together in determining the results of the 17
2456	2456	election. All paper ballots used pursuant to 18
2457	2457	this section shall be used in accord ance with 19
2458	2458	the laws affecting paper ballots and shall be 20
2459	2459	returned to the election authority as paper 21
2460	2460	ballots are returned with a statement describing 22
2461	2461	how and why the paper ballots were voted. ] 23
2462	2462	[115.267. Any election authority may 1
2463	2463	adopt, experiment with or abandon any electronic 2
2464	2464	voting system approved for use in the state, or 3
2465	2465	may lease one or more electronic voting machines 4
2466	2466	or other equipment, either with or without 5
2467	2467	option to purchase, and may use any authorized 6
2468	2468	electronic voting equipment at any polling place 7
2469	2469	in its jurisdiction. ] 8
2470	2470	[115.269. For the purpose of giving 1
2471	2471	instructions on their use, any election 2
2472	2472	authority may designate suitable times and 3
2473	2473	places for the exhibition and demonstration of 4
2474	2474	its electronic voting machines. During such 5
2475	2475	instructions, the electronic voting machines may 6
2476	2476	contain sample ballot labels which show the 7
2477	2477	names of offices and fictitious candidates. No 8
2478	2478	electronic voting machine shall be used for 9
2479	2479	instruction after it has been pr epared for use 10 SB 832 73
2480	2480	at an election, unless it is prepared again 11
2481	2481	prior to the election. ] 12
2482	2482	[115.271. 1. While its electronic voting 1
2483	2483	machines are not in use, the election authority 2
2484	2484	may permit civic or educational organizations to 3
2485	2485	use the machines for the purpose of giving 4
2486	2486	instructions on their use. 5
2487	2487	2. Any election authority may rent its 6
2488	2488	electronic voting machines to any other group 7
2489	2489	for use in its elections. 8
2490	2490	3. At the discretion of the election 9
2491	2491	authority, the machines may be transported at 10
2492	2492	the expense of the organizations using them. 11
2493	2493	The president or secretary of each organization 12
2494	2494	using such machines shall sign a receipt 13
2495	2495	therefor and shall agree in writing that the 14
2496	2496	organization assumes liability for any damage or 15
2497	2497	loss occurring to the machines up to the time 16
2498	2498	they are returned to the election authority and 17
2499	2499	will return the machines by a designated time. ] 18
2500	2500	[115.273. All provisions of law not 1
2501	2501	inconsistent with the provisions of sections 2
2502	2502	115.249 to 115.271 shall apply with full force 3
2503	2503	and effect to elections in jurisdictions using 4
2504	2504	electronic voting machines. ] 5
2505	2505	[115.467. 1. As soon as the polls close 1
2506	2506	in each polling place using an electronic voting 2
2507	2507	system, the election judges shall secure the 3
2508	2508	marking devices against further voting and begin 4
2509	2509	to count the write-in votes. If earlier 5
2510	2510	counting of write-in votes is begun pursuant to 6
2511	2511	section 115.469, the election judges shall 7
2512	2512	complete the count in the manner provided in 8
2513	2513	this section. Once begun, the count shall not 9
2514	2514	be adjourned or postponed until all proper write - 10
2515	2515	in votes in the ballot box have been counted. 11
2516	2516	2. The election judges shall remove the 12
2517	2517	ballot cards from the ballot box and separate 13
2518	2518	the ballots with write -in votes from those 14
2519	2519	without write-in votes. If there is a separate 15
2520	2520	form for write-in votes, all forms on which 16
2521	2521	write-in votes have been recorded shall be 17
2522	2522	consecutively numbered, starting with the number 18
2523	2523	one, and the same number shall be placed on the 19
2524	2524	ballot card of the voter. Where tallying of 20
2525	2525	write-in votes is to be done at the polling 21
2526	2526	place, the election judges shall compare the 22
2527	2527	write-in votes with the votes cast on the ballot 23
2528	2528	card. If the total number of votes including 24
2529	2529	write-in votes for any offic e exceeds the number 25
2530	2530	allowed by law, or if a voter has voted more 26
2531	2531	than once for the same person for the same 27
2532	2532	office at the same election, a notation of the 28
2533	2533	fact shall be noted on the back of the ballot 29
2534	2534	card, and it shall be returned with the write -in 30 SB 832 74
2535	2535	form, if any, to the counting location in an 31
2536	2536	envelope marked "DEFECTIVE BALLOTS". 32
2537	2537	3. All proper write-in votes shall be 33
2538	2538	read, recorded and counted as provided in 34
2539	2539	sections 115.449 and 115.453. No write-in vote 35
2540	2540	shall be counted for any candidate for any 36
2541	2541	office whose name appears on the ballot label as 37
2542	2542	a candidate for the office, except when more 38
2543	2543	than one person is to be nominated or elected to 39
2544	2544	an office. When more than one person is to be 40
2545	2545	nominated or elected to an office, the voter may 41
2546	2546	write in the names of one or more persons whose 42
2547	2547	names do not appear on the ballot label with or 43
2548	2548	without the names of one or more persons whose 44
2549	2549	names do appear. 45
2550	2550	4. If any ballot card is damaged so that 46
2551	2551	it cannot properly be counted by the automatic 47
2552	2552	tabulating equipment, the fact shall be noted on 48
2553	2553	the back of the ballot card and it shall be 49
2554	2554	returned to the counting location in the 50
2555	2555	envelope marked "DEFECTIVE BALLOTS". ] 51
2556	2556	[115.469. 1. If authorized by the 1
2557	2557	election authority, the e lection judges at any 2
2558	2558	polling place using an electronic voting system 3
2559	2559	may read and record write -in votes before the 4
2560	2560	close of the polls and may send other voted 5
2561	2561	ballots to the counting place. If so 6
2562	2562	authorized, the election judges shall use one 7
2563	2563	ballot box for the deposit of ballots during the 8
2564	2564	first five hours of voting. Between eleven 9
2565	2565	o'clock in the morning and twelve noon, the 10
2566	2566	receiving judges shall deliver the ballot box to 11
2567	2567	the counting and recording judges, who shall 12
2568	2568	give the receiving judges a second empty ballot 13
2569	2569	box. The second ballot box shall be shown to be 14
2570	2570	empty and locked in the manner provided in 15
2571	2571	section 115.423. The second ballot box shall 16
2572	2572	not be opened or removed from public view from 17
2573	2573	the time it is shown to be empty until the t ime 18
2574	2574	the polls close. The ballot box containing the 19
2575	2575	voted ballots shall be taken to a private area 20
2576	2576	within the polling place, and the write -in votes 21
2577	2577	shall be read and recorded in the manner 22
2578	2578	provided in section 115.467. 23
2579	2579	2. If early counting of wri te-in votes is 24
2580	2580	begun pursuant to this section, the election 25
2581	2581	judges shall, after counting and recording all 26
2582	2582	proper write-in votes, separate all ballot 27
2583	2583	cards, except defective ballot cards, from the 28
2584	2584	write-in forms if any. The ballots which do not 29
2585	2585	have write-in votes shall then be sent to the 30
2586	2586	counting place in the same manner as ballots are 31
2587	2587	sent upon the close of the polls. The election 32
2588	2588	judges shall enclose the ballot cards, the 33
2589	2589	envelope marked "DEFECTIVE BALLOTS", and all 34
2590	2590	write-in forms containing proper votes, in a 35 SB 832 75
2591	2591	container designated by the election authority. 36
2592	2592	The container shall be securely sealed in such a 37
2593	2593	manner that if the container is opened, the seal 38
2594	2594	will be broken beyond repair. On the outside of 39
2595	2595	the container, the location of the polling place 40
2596	2596	and the date of the election shall be printed. 41
2597	2597	After sealing, the container shall be closely 42
2598	2598	watched by the election judges until it is 43
2599	2599	delivered to the counting location. 44
2600	2600	3. If early counting of write -in votes is 45
2601	2601	begun pursuant to this section, the election 46
2602	2602	authority shall appoint a team of employees or 47
2603	2603	election judges who shall, between the hours of 48
2604	2604	eleven o'clock in the morning and three o'clock 49
2605	2605	in the afternoon, receive the ballot container 50
2606	2606	from the election judges at the polling place 51
2607	2607	and immediately deliver it to the counting 52
2608	2608	location. Each team appointed pursuant to this 53
2609	2609	subsection shall consist of two members, one 54
2610	2610	from each major political party. If any ballot 55
2611	2611	container is not sealed when it is delivered to 56
2612	2612	the counting location, the election official 57
2613	2613	receiving the container shall make a statement 58
2614	2614	of the fact which includes the location of the 59
2615	2615	polling place and the date of the election 60
2616	2616	printed on the container and the reason the 61
2617	2617	container is not sealed, if known. 62
2618	2618	4. After delivery to the counting 63
2619	2619	location, any ballot which is damaged and cannot 64
2620	2620	be properly counted by the automatic tabulating 65
2621	2621	equipment may be handcounted or duplicated in 66
2622	2622	the manner provided in subsection 3 of section 67
2623	2623	115.477. 68
2624	2624	5. After delivery to the counting 69
2625	2625	location, the proper votes on each ballot card 70
2626	2626	may be transferred to magnetic tapes. Under no 71
2627	2627	circumstances shall any such tape be read or 72
2628	2628	interpreted until after the time fixed by law 73
2629	2629	for the close of the polls and then only in the 74
2630	2630	manner provided in section 115.477. 75
2631	2631	6. Write-in ballots may also be counted as 76
2632	2632	provided in section 115.451. ] 77
2633	2633	[115.471. At each polling place using an 1
2634	2634	electronic voting system, after the polling 2
2635	2635	place is closed, the election judges shall 3
2636	2636	(1) Certify in the tally book: the number 4
2637	2637	of ballots cast by reconciling the ballot stubs 5
2638	2638	against the number of identification 6
2639	2639	certificates signed; the number of defective and 7
2640	2640	spoiled ballots; the number of ballots w ith 8
2641	2641	write-in votes; and the number of ballots 9
2642	2642	received at the polling place which were not 10
2643	2643	cast at the election. If the number of signed 11
2644	2644	identification certificates is not the same as 12
2645	2645	the number of ballots cast, the judges shall 13
2646	2646	make a signed statem ent of the fact and the 14 SB 832 76
2647	2647	reasons therefor, if known, and shall return the 15
2648	2648	statement with the statements of returns; 16
2649	2649	(2) Where tallying of write -in votes is to 17
2650	2650	be done at the polling place, certify on two 18
2651	2651	statements of returns the number of write -in 19
2652	2652	votes received by each candidate. No returns 20
2653	2653	shall be signed in blank or before the polls 21
2654	2654	have closed and all proper write -in votes cast 22
2655	2655	at the polling place have been counted; 23
2656	2656	(3) Certify that each statement made in 24
2657	2657	the tally book and on eac h statement of returns 25
2658	2658	is correct. If any judge declines to certify 26
2659	2659	that all such statements are correct, he shall 27
2660	2660	state his reasons in writing, which shall be 28
2661	2661	attached to each statement of returns and 29
2662	2662	returned with the statement to the election 30
2663	2663	authority.] 31
2664	2664	[115.473. 1. The tally book for each 1
2665	2665	polling place using an electronic voting system 2
2666	2666	shall be in substantially the following form: 3
2667	2667	4
2668	2668	5
2669	2669	6
2670	2670	7
2671	2671	8
2672	2672	9
2673	2673	Tally book for ______ precincts, at the general
2674	2674	(special, primary) election held on the ______ day
2675	2675	of ______, 20______ AB, CD, EF, and XP judges; and
2676	2676	ZR and LT, watchers; and BH and SP, challengers, at
2677	2677	this polling place, were sworn as the law directs
2678	2678	before beginning their duties.
2679	2679
2680	2680	10 We hereby certify:
2681	2681	11
2682	2682	12
2683	2683	The number of ballots received at this polling
2684	2684	place is ______;
2685	2685
2686	2686	13
2687	2687	14
2688	2688	15
2689	2689	16
2690	2690	The information on the ballot cards and ballot
2691	2691	labels received at this polling place is the
2692	2692	same as the information on the sample ballots
2693	2693	received at this polling place.
2694	2694
2695	2695	17 AB
2696	2696	18 CD Election Judges
2697	2697	19 EF
2698	2698	20 XP
2699	2699	21 We hereby certify:
2700	2700	22
2701	2701	23
2702	2702	The number of ballots cast at this polling place
2703	2703	is ______;
2704	2704
2705	2705	24
2706	2706	25
2707	2707	The number of identification certificates signed
2708	2708	at this polling place is ______;
2709	2709
2710	2710	26
2711	2711	27
2712	2712	The number of defective ballots at this polling
2713	2713	place is ______;
2714	2714
2715	2715	28
2716	2716	29
2717	2717	The number of spoiled ballots at this polling
2718	2718	place is ______;
2719	2719
2720	2720	30
2721	2721	31
2722	2722	The number of voters casting proper write -in
2723	2723	votes at this polling place is ______;
2724	2724
2725	2725	32
2726	2726	33
2727	2727	34
2728	2728	The number of ballots received at this polling
2729	2729	place which were not cast at this election is
2730	2730	______;
2731	2731	SB 832 77
2732	2732	[2. Where tallying of write -in votes is to 39
2733	2733	be done at the polling place, at each polling 40
2734	2734	place using an electronic voting system, two 41
2735	2735	tally sheets shall be included in each tally 42
2736	2736	book. The tally sheets shall be used to record 43
2737	2737	the proper write-in votes and shall be in 44
2738	2738	substantially the same form provi ded in 45
2739	2739	subsection 2 of section 115.461. 46
2740	2740	3. Where tallying of write -in votes is to 47
2741	2741	be done at the polling place, at each polling 48
2742	2742	place using an electronic voting system, two 49
2743	2743	statements of returns shall be provided to the 50
2744	2744	election judges. The statements of returns 51
2745	2745	shall be in substantially the following form: 52
2746	2746	[115.475. 1. As soon as possible after 1
2747	2747	signing the statements of returns, the election 2
2748	2748	judges shall seal and enclose the ballots, 3
2749	2749	electronic voting machine memory cards, write -in 4
2750	2750	forms containing no votes, the unused ballots 5
2751	2751	and other election supplies in containers 6
2752	2752	designated by the election authority. 7
2753	2753	2. Immediately after the election 8
2754	2754	materials have been placed in the proper 9
2755	2755	containers, the two supervisory judges shall 10
2756	2756	together deliver the containers to the counting 11
2757	2757	35 AB
2758	2758	36 CD Election Judges
2759	2759	37 EF
2760	2760	38 XP]
2761	2761
2762	2762	53
2763	2763	54
2764	2764	55
2765	2765	56
2766	2766	57
2767	2767	58
2768	2768	59
2769	2769	60
2770	2770	61
2771	2771	62
2772	2772	63
2773	2773	64
2774	2774	We hereby certify that BK had ______ write -in votes
2775	2775	for governor, and SF had ______ write -in votes for
2776	2776	governor, that JH had ____ __ write-in votes for
2777	2777	representative in Congress, etc. We, the duly
2778	2778	qualified and acting judges of the polling place
2779	2779	for ______ precincts, at the general (special,
2780	2780	primary) election held on the ______ day of ______,
2781	2781	20______, in ______ County (City of St. Louis,
2782	2782	Kansas City), Missouri, do hereby certify that the
2783	2783	foregoing is a full and accurate return of all
2784	2784	write-in votes cast at this polling place for all
2785	2785	candidates.
2786	2786
2787	2787	65 AB
2788	2788	66 CD Election Judges
2789	2789	67 EF
2790	2790	68 XP ]
2791	2791	SB 832 78
2792	2792	location or other place designated by the 12
2793	2793	election authority. If any container is not 13
2794	2794	sealed when it is delivered to the counting 14
2795	2795	location or other place designated by the 15
2796	2796	election authority, the election official 16
2797	2797	receiving the container shall make a state ment 17
2798	2798	of the fact which includes the location of the 18
2799	2799	polling place and the date of the election 19
2800	2800	printed on the container and the reason the 20
2801	2801	container is not sealed, if known. 21
2802	2802	3. If the election authority has directed 22
2803	2803	the supervisory judges to del iver election 23
2804	2804	materials to a place other than the counting 24
2805	2805	location, the election authority shall appoint 25
2806	2806	at least one team of election judges who shall 26
2807	2807	receive the containers from the supervisory 27
2808	2808	judges and immediately deliver them to the 28
2809	2809	counting location. Each team appointed pursuant 29
2810	2810	to this subsection shall consist of two election 30
2811	2811	judges or employees of the election authority, 31
2812	2812	one from each major political party. ] 32
2813	2813	[115.477. 1. In each jurisdiction using 1
2814	2814	an electronic voting system, all proceedings at 2
2815	2815	the counting location shall be under the 3
2816	2816	direction of the election authority. The 4
2817	2817	election authority shall appoint two judges, one 5
2818	2818	from each major political party, to be present 6
2819	2819	and observe the count. The counting shall be 7
2820	2820	open to the public, but no persons, except those 8
2821	2821	employed and authorized for the purpose, shall 9
2822	2822	touch any ballot, ballot container or return. 10
2823	2823	2. The automatic tabulating equipment 11
2824	2824	shall produce a return showing the total number 12
2825	2825	of votes cast for each candidate and on each 13
2826	2826	question at each polling place and in the 14
2827	2827	jurisdiction as a whole. 15
2828	2828	3. If any ballot is damaged and cannot be 16
2829	2829	properly counted by the automatic tabulating 17
2830	2830	equipment, it may be handcounted in the manner 18
2831	2831	provided for absentee ballots, or a true 19
2832	2832	duplicate copy may be made of the defective 20
2833	2833	ballot. If any ballot contains a number of 21
2834	2834	votes and write-in votes for any office which 22
2835	2835	exceeds the number allowed by law, it may be 23
2836	2836	handcounted in the manner provided for abse ntee 24
2837	2837	ballots, a true duplicate copy be made which 25
2838	2838	does not include the invalid votes or, at the 26
2839	2839	discretion of the election judges, a self - 27
2840	2840	adhesive removable label, sensitized, may be 28
2841	2841	placed over any mark to allow the ballot to be 29
2842	2842	processed through th e automatic tabulating 30
2843	2843	equipment. The duplication of each ballot shall 31
2844	2844	be closely observed by two election judges or 32
2845	2845	employees of the election authority, one from 33
2846	2846	each major political party. Each duplicate 34
2847	2847	ballot shall be clearly labeled "duplicate" , 35 SB 832 79
2848	2848	shall bear a serial number which shall be 36
2849	2849	recorded on the defective ballot, and shall be 37
2850	2850	counted in lieu of the defective ballot. ] 38
2851	2851	[115.479. In each jurisdiction using an 1
2852	2852	electronic voting system, the election authority 2
2853	2853	shall, after the count has been completed and 3
2854	2854	the results received, have the automatic 4
2855	2855	tabulating equipment tested to ascertain that 5
2856	2856	the equipment has correctly counted the votes 6
2857	2857	for all offices and on all questions. The test 7
2858	2858	shall be observed by at least two persons 8
2859	2859	designated by the election authority, one from 9
2860	2860	each major political party, and shall be open to 10
2861	2861	the public. The test shall be conducted by 11
2862	2862	processing the same preaudited group of ballots 12
2863	2863	used in the preelection test provided for in 13
2864	2864	section 115.233. If any error is detected, the 14
2865	2865	cause shall be ascertained and corrected, and an 15
2866	2866	errorless count shall be made before the final 16
2867	2867	results are announced. After the completion of 17
2868	2868	an errorless count, the programs and the ballots 18
2869	2869	shall be sealed, retained and disposed of as 19
2870	2870	provided for paper ballots. ] 20
2871	2871	[115.481. The final and correct return 1
2872	2872	printed by the automatic tabulating equipment 2
2873	2873	added to the write-in, absentee and handcounted 3
2874	2874	votes shall be the official return of each 4
2875	2875	polling place and the jurisdiction. ] 5
2876	2876	[115.483. 1. As soon as the polls close 1
2877	2877	in each polling place using electronic voting 2
2878	2878	machines, the election judges shall secure each 3
2879	2879	voting machine against further voting and 4
2880	2880	proceed to count the votes. Once begun, the 5
2881	2881	count shall not be adjourned or postponed until 6
2882	2882	all proper votes have been counted. 7
2883	2883	2. The election judges shall open the 8
2884	2884	counting compartment on each voting machine or, 9
2885	2885	if a machine is equipped with a device for 10
2886	2886	printing, embossing or photographing the 11
2887	2887	registering counters, the judges shall operate 12
2888	2888	the machine to produce a record of the 13
2889	2889	counters. One counting judge shall read the 14
2890	2890	total vote cast for each candidate and for and 15
2891	2891	against each question on each machin e. The 16
2892	2892	other counting judge shall watch and verify each 17
2893	2893	total as it is being read from the recording 18
2894	2894	counters or from the record of the counters. 19
2895	2895	The two recording judges shall each record the 20
2896	2896	votes cast for each candidate and for and 21
2897	2897	against each question as they are called out and 22
2898	2898	verified by the counting judges. 23
2899	2899	3. All proper write-in votes shall be 24
2900	2900	read, recorded and counted as provided in 25
2901	2901	sections 115.449 and 115.453. No write-in vote 26
2902	2902	shall be counted for any candidate for any 27 SB 832 80
2903	2903	office whose name appears on the ballot label as 28
2904	2904	a candidate for the office, except when more 29
2905	2905	than one person is to be nominated or elected to 30
2906	2906	an office. When more than one person is to be 31
2907	2907	nominated or elected to an office, the voter may 32
2908	2908	write in the names of one or more persons whose 33
2909	2909	names do not appear on the ballot label with or 34
2910	2910	without the names of one or more persons whose 35
2911	2911	names do appear. No write-in vote shall be 36
2912	2912	counted unless it is cast in the appropriate 37
2913	2913	place on the machine. 38
2914	2914	4. If more than one voting machine is used 39
2915	2915	in a polling place, the election judges shall 40
2916	2916	read, verify and record all the totals from the 41
2917	2917	first machine before proceeding to the second, 42
2918	2918	and so on, until all of the totals on each 43
2919	2919	machine in the polling place hav e been read, 44
2920	2920	verified and recorded. The total number of 45
2921	2921	votes from each machine shall be added to the 46
2922	2922	write-in votes to determine the total vote for 47
2923	2923	each candidate and for and against each 48
2924	2924	question.] 49
2925	2925	[115.495. 1. After being secured against 1
2926	2926	further voting by the election judges, 2
2927	2927	electronic voting machines shall remain secured 3
2928	2928	for the period provided by law for filing an 4
2929	2929	election contest and as much longer as may be 5
2930	2930	necessary or advisable because of any threatened 6
2931	2931	or pending contest, grand jury investigation, or 7
2932	2932	civil or criminal case relating to the 8
2933	2933	election. During this time, the electronic 9
2934	2934	voting machines shall not be unsecured, except 10
2935	2935	upon order of a court, grand jury or legislative 11
2936	2936	body trying an election contest. 12
2937	2937	2. Notwithstanding the provisions of 13
2938	2938	subsection 1 of this section to the contrary, 14
2939	2939	when an election is required by law to be held 15
2940	2940	after an election during any period of time 16
2941	2941	described in subsection 1 of this section, the 17
2942	2942	data of the electronic vo ting machine relating 18
2943	2943	to the initial election shall be removed and 19
2944	2944	secured and such machine shall be made available 20
2945	2945	for use in the subsequent election. ] 21
2946	2946	[115.503. 1. As soon as possible after an 1
2947	2947	election in which electronic voting machines are 2
2948	2948	used, the verification board, or a bipartisan 3
2949	2949	committee appointed by the verification board, 4
2950	2950	shall inspect each secured electronic voting 5
2951	2951	machine and record the votes cast on the 6
2952	2952	machine. In precincts where electronic voting 7
2953	2953	machines equipped with printed election returns 8
2954	2954	mechanisms are used, the counter compartment 9
2955	2955	shall not be opened and the original and 10
2956	2956	duplicate originals of the printed return sheets 11
2957	2957	of the votes cast on questions and for 12
2958	2958	candidates regularly nominated, or who h ave duly 13 SB 832 81
2959	2959	filed, together with the tabulation and 14
2960	2960	inclusion of any votes written in on the paper 15
2961	2961	roll for those not regularly nominated, or who 16
2962	2962	have not filed, shall constitute the official 17
2963	2963	return sheet for the votes cast on that machine, 18
2964	2964	when properly certified by the precinct election 19
2965	2965	officers. One copy of such printed return sheet 20
2966	2966	shall be returned to the election authority and 21
2967	2967	retained by it for not less than one year. Any 22
2968	2968	bipartisan committee appointed pursuant to this 23
2969	2969	subsection shall cons ist of at least two people, 24
2970	2970	one from each major political party, who shall 25
2971	2971	be appointed in the same manner and possess the 26
2972	2972	same qualifications as election judges. 27
2973	2973	2. After the verification board or 28
2974	2974	committee has completed its inspection and 29
2975	2975	record, it shall compare the record with the 30
2976	2976	returns made by the election judges on election 31
2977	2977	day. If there is a discrepancy between the 32
2978	2978	returns of the election judges and the record of 33
2979	2979	the verification board or committee, the 34
2980	2980	verification board shall cor rect the returns 35
2981	2981	made by the judges to conform to its record. 36
2982	2982	The corrected returns shall supersede the 37
2983	2983	returns made by the election judges on election 38
2984	2984	day. Both the record and the returns shall be 39
2985	2985	retained by the election authority as provided 40
2986	2986	in section 115.493.] 41
2987	2987	Section B. Section A of this act shall become 1
2988	2988	effective on January 1, 2025. 2
2989	2989	