Missouri 2024 Regular Session

Missouri Senate Bill SB917 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. 917
6	6	102ND GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR HOSKINS.
8	8	3964S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 115.013, 115.045, 115.051, 115.065, 115.225, 115.227, 115.229, 115.233,
11	11	115.235, 115.237, 115.249, 115.255, 115.257, 115.259, 115.261, 115.263, 115.265,
12	12	115.267, 115.269, 115.271, 115.273, 115.415, 115.417, 115.419, 115.421, 115.423,
13	13	115.430, 115.433, 115.436, 115.439, 115.443, 115.447, 115.456, 115.459, 115.461,
14	14	115.467, 115.469, 115.471, 115.473, 115.475, 115.477, 115.479, 115.481, 115.483,
15	15	115.495, 115.501, 115.503, 115.541, 115.585, 115.631, 115.633, and 115.655, RSMo,
16	16	and to enact in lieu thereof twenty-seven new sections relating to hand counting ballots,
17	17	with penalty provisions and an effective date.
18	18
19	19	Be it enacted by the General Assembly of the State of Missouri, as follows:
20	20	Section A. Sections 115.013, 115.045, 115.051, 115.065, 1
21	21	115.225, 115.227, 115.229, 115.233, 115.235, 115.237, 115.249, 2
22	22	115.255, 115.257, 115.259, 115.261, 115.263, 115.265 , 115.267, 3
23	23	115.269, 115.271, 115.273, 115.415, 115.417, 115.419, 115.421, 4
24	24	115.423, 115.430, 115.433, 115.436, 115.439, 115.443, 115.447, 5
25	25	115.456, 115.459, 115.461, 115.467, 115.469, 115.471, 115.473, 6
26	26	115.475, 115.477, 115.479, 115.481, 115.483, 115.495, 11 5.501, 7
27	27	115.503, 115.541, 115.585, 115.631, 115.633, and 115.655, RSMo, 8
28	28	are repealed and twenty -seven new sections enacted in lieu 9
29	29	thereof, to be known as sections 115.013, 115.045, 115.051, 10
30	30	115.065, 115.225, 115.226, 115.237, 115.415, 115.417, 115.419, 11
31	31	115.421, 115.423, 115.430, 115.433, 115.436, 115.439, 115.443, 12
32	32	115.447, 115.456, 115.459, 115.461, 115.501, 115.541, 115.585, 13
33	33	115.631, 115.633, and 115.655, to read as follows:14 SB 917 2
34	34	115.013. As used in this chapter, unless the context 1
35	35	clearly implies other wise, the following terms mean: 2
36	36	(1) ["Air-gap" or "air-gapped", a security measure in 3
37	37	which equipment is physically and technically isolated from 4
38	38	any network and is not directly connected to the internet 5
39	39	nor is it connected to any other system tha t is connected to 6
40	40	the internet. Data can only be passed to an air -gapped 7
41	41	device physically via a USB or other removable media; 8
42	42	(2) "Automatic tabulating equipment", the apparatus 9
43	43	necessary to examine and automatically count votes, and the 10
44	44	data processing machines which are used for counting votes 11
45	45	and tabulating results and which are air -gapped and not 12
46	46	physically able to be connected to a network; 13
47	47	(3)] "Ballot", the paper ballot[, or ballot designed 14
48	48	for use with an electronic voting syst em] on which each 15
49	49	voter may cast all votes to which he or she is entitled at 16
50	50	an election; 17
51	51	[(4)] (2) "Ballot label", the card, paper, booklet, 18
52	52	page, or other material containing the names of all offices 19
53	53	and candidates and statements of all questio ns to be voted 20
54	54	on; 21
55	55	[(5)] (3) "Counting location", a location selected by 22
56	56	the election authority for the automatic processing or 23
57	57	counting, or both, of ballots; 24
58	58	[(6)] (4) "County", any county in this state or any 25
59	59	city not within a county; 26
60	60	[(7)] (5) "Disqualified", a determination made by a 27
61	61	court of competent jurisdiction, the Missouri ethics 28
62	62	commission, an election authority or any other body 29
63	63	authorized by law to make such a determination that a 30
64	64	candidate is ineligible to hold office or not entitled to be 31
65	65	voted on for office; 32 SB 917 3
66	66	[(8)] (6) "District", an area within the state or 33
67	67	within a political subdivision of the state from which a 34
68	68	person is elected to represent the area on a policy -making 35
69	69	body with representatives of other a reas in the state or 36
70	70	political subdivision; 37
71	71	[(9) "Electronic voting machine", any part of an air - 38
72	72	gapped electronic voting system on which a voter is able to 39
73	73	cast a ballot under this chapter; 40
74	74	(10) "Electronic voting system", a system of casti ng 41
75	75	votes by use of marking devices, and counting votes by use 42
76	76	of automatic air-gapped tabulating or air -gapped data 43
77	77	processing equipment, including computerized voting systems 44
78	78	that mark or tabulate ballots; 45
79	79	(11)] (7) "Established political party" for the state, 46
80	80	a political party which, at either of the last two general 47
81	81	elections, polled for its candidate for any statewide office 48
82	82	more than two percent of the entire vote cast for the 49
83	83	office. "Established political party" for any district or 50
84	84	political subdivision shall mean a political party which 51
85	85	polled more than two percent of the entire vote cast at 52
86	86	either of the last two elections in which the district or 53
87	87	political subdivision voted as a unit for the election of 54
88	88	officers or representativ es to serve its area; 55
89	89	[(12)] (8) "Federal office", the office of 56
90	90	presidential elector, United States senator, or 57
91	91	representative in Congress; 58
92	92	[(13)] (9) "Independent", a candidate who is not a 59
93	93	candidate of any political party and who is runni ng for an 60
94	94	office for which political party candidates may run; 61
95	95	[(14)] (10) "Major political party", the political 62
96	96	party whose candidates received the highest or second 63
97	97	highest number of votes at the last general election; 64 SB 917 4
98	98	[(15) "Marking device", any device approved by the 65
99	99	secretary of state under section 115.225 which will enable 66
100	100	the votes to be counted by automatic tabulating equipment; 67
101	101	(16)] (11) "Municipal" or "municipality", a city, 68
102	102	village, or incorporated town of this state; 69
103	103	[(17)] (12) "New party", any political group which has 70
104	104	filed a valid petition and is entitled to place its list of 71
105	105	candidates on the ballot at the next general or special 72
106	106	election; 73
107	107	[(18)] (13) "Nonpartisan", a candidate who is not a 74
108	108	candidate of any political party and who is running for an 75
109	109	office for which party candidates may not run; 76
110	110	[(19)] (14) "Political party", any established 77
111	111	political party and any new party; 78
112	112	[(20)] (15) "Political subdivision", a county, city, 79
113	113	town, village, or township of a township organization county; 80
114	114	[(21)] (16) "Polling place", the voting place 81
115	115	designated for all voters residing in one or more precincts 82
116	116	for any election; 83
117	117	[(22)] (17) "Precincts", the geographical areas into 84
118	118	which the election authority divides its jurisdiction for 85
119	119	the purpose of conducting elections; 86
120	120	[(23)] (18) "Public office", any office established by 87
121	121	constitution, statute or charter and any employment under 88
122	122	the United States, the state of Missouri, or any p olitical 89
123	123	subdivision or special district thereof, but does not 90
124	124	include any office in the Missouri state defense force or 91
125	125	the National Guard or the office of notary public or city 92
126	126	attorney in cities of the third classification or cities of 93
127	127	the fourth classification; 94
128	128	[(24)] (19) "Question", any measure on the ballot 95
129	129	which can be voted "YES" or "NO"; 96 SB 917 5
130	130	[(25)] (20) "Relative within the second degree by 97
131	131	consanguinity or affinity", a spouse, parent, child, 98
132	132	grandparent, brother, sister, grandchil d, mother-in-law, 99
133	133	father-in-law, daughter-in-law, or son-in-law; 100
134	134	[(26)] (21) "Special district", any school district, 101
135	135	water district, fire protection district, hospital district, 102
136	136	health center, nursing district, or other districts with 103
137	137	taxing authority, or other district formed pursuant to the 104
138	138	laws of Missouri to provide limited, specific services; 105
139	139	[(27)] (22) "Special election", elections called by 106
140	140	any school district, water district, fire protection 107
141	141	district, or other district formed pu rsuant to the laws of 108
142	142	Missouri to provide limited, specific services; and 109
143	143	[(28)] (23) "Voting district", the one or more 110
144	144	precincts within which all voters vote at a single polling 111
145	145	place for any election. 112
146	146	115.045. Each election authority shall have the 1
147	147	authority to employ such attorneys and other employees as 2
148	148	may be necessary to promptly and correctly perform the 3
149	149	duties of the election authority. Where [an electronic 4
150	150	voting system or] voting machines authorized under section 5
151	151	115.226 are used, the election authority shall designate 6
152	152	competent employees to have custody of and supervise 7
153	153	maintenance of the voting equipment. Board of election 8
154	154	commissioners' employees shall be subject to the same 9
155	155	restrictions and subscribe the same oath as members of the 10
156	156	board of election commissioners, except that no employee of 11
157	157	a board of election commissioners shall be required to post 12
158	158	bond or reside and be a registered voter within the 13
159	159	jurisdiction of the election authority unless direc ted to do 14
160	160	so by the board. Employee oaths and any bonds shall be 15
161	161	filed and preserved in the office of the board. 16 SB 917 6
162	162	115.051. 1. In each county which does not have a 1
163	163	board of election commissioners, the county clerk shall have 2
164	164	the right to employ such deputies and assistants as are 3
165	165	necessary to promptly and correctly register voters and 4
166	166	conduct elections. Where [an electronic voting system or ] 5
167	167	voting machines authorized under section 115.226 are used, 6
168	168	the county clerk shall design ate competent employees to have 7
169	169	custody of and supervise maintenance of the voting 8
170	170	equipment. Each deputy shall be subject to the same 9
171	171	restrictions and subscribe the same oath as the county 10
172	172	clerk, except that no employee shall be required to post 11
173	173	bond or reside and be a registered voter within the 12
174	174	jurisdiction of the election authority unless directed to do 13
175	175	so by the clerk. Employee oaths and any bonds shall be 14
176	176	filed and preserved in the office of the county clerk. 15
177	177	2. Within the total amount for deputies and assistants 16
178	178	approved by the county commission, the salary of each deputy 17
179	179	and assistant shall be set by the county clerk. 18
180	180	115.065. 1. Except as provided in sections 115.069, 1
181	181	115.071, 115.073 and 115.077, when any que stion or candidate 2
182	182	is submitted to a vote by two or more political subdivisions 3
183	183	or special districts, or by the state and one or more 4
184	184	political subdivisions or special districts at the same 5
185	185	election, all costs of the election shall be paid 6
186	186	proportionally from the general revenues of the state and 7
187	187	all political subdivisions and special districts submitting 8
188	188	a question or candidate at the election, except that costs 9
189	189	of publications of legal notice of elections shall not be 10
190	190	paid proportionally. The state and each political 11
191	191	subdivision and each special district shall pay for 12
192	192	publication of its legal notice of election. At the 13
193	193	discretion of the election authority, ballot printing costs, 14 SB 917 7
194	194	if any, may be paid proportionally or the state and each 15
195	195	political subdivision and each special district may pay for 16
196	196	such ballot printing costs, if any. 17
197	197	2. Except as provided in sections 115.069, 115.071 and 18
198	198	115.073, when any question or candidate is submitted to a 19
199	199	vote by two or more political subdivisions or special 20
200	200	districts at the same election, all costs of the election 21
201	201	shall be paid proportionally from the general revenues of 22
202	202	all political subdivisions and special districts submitting 23
203	203	a question or candidate at the election. 24
204	204	3. Proportional election costs paid under the 25
205	205	provisions of subsection 2 of this section shall be assessed 26
206	206	by charging each political subdivision and special district 27
207	207	the same percentage of the total cost of the election as the 28
208	208	number of registered voters of the politic al subdivision or 29
209	209	special district on the day of the election is to the total 30
210	210	number of registered voters on the day of the election, 31
211	211	derived by adding together the number of registered voters 32
212	212	in each political subdivision and special district 33
213	213	submitting a question or candidate at the election. 34
214	214	4. "Proportional costs" and "election costs", as used 35
215	215	in this chapter, are defined as those costs that require 36
216	216	additional out-of-pocket expense by the election authority 37
217	217	in conducting an election. It may include reimbursement to 38
218	218	county general revenue for the salaries of employees of the 39
219	219	election authority for the hours worked to conduct an 40
220	220	election, the rental of any [electronic] voting machine 41
221	221	authorized under section 115.226 or electronic poll bo ok, 42
222	222	any indirect expenses identified under an independent cost 43
223	223	allocation study and an amount not to exceed five percent of 44
224	224	the total cost of election to be credited to the election 45
225	225	services fund of the county. The election services fund 46 SB 917 8
226	226	shall be budgeted and expended at the direction of the 47
227	227	election authority and shall not be used to substitute for 48
228	228	or subsidize any allocation of general revenue for the 49
229	229	operation of the election authority's office without the 50
230	230	express consent of the election author ity. The election 51
231	231	services fund may be audited by the appropriate auditing 52
232	232	agency, and any unexpended balance shall be left in the fund 53
233	233	to accumulate from year to year with interest. The election 54
234	234	services fund shall be used by the election authority for 55
235	235	training programs and purchase of additional supplies or 56
236	236	equipment to improve the conduct of elections, including 57
237	237	anything necessarily pertaining thereto. In addition to 58
238	238	these costs, the state shall, subject to appropriation, 59
239	239	compensate the elect ion services fund for transactions 60
240	240	submitted pursuant to the provisions of section 115.157. 61
241	241	115.225. 1. [Before use by election authorities in 1
242	242	this state, the secretary of state shall approve the marking 2
243	243	devices and the automatic ta bulating equipment used in 3
244	244	electronic voting systems and may promulgate rules and 4
245	245	regulations to implement the intent of sections 115.225 to 5
246	246	115.235. 6
247	247	2. No electronic voting system shall be approved 7
248	248	unless it: 8
249	249	(1) Permits voting in absolute secrecy; 9
250	250	(2) Permits each voter to vote for as many candidates 10
251	251	for each office as a voter is lawfully entitled to vote for; 11
252	252	(3) Permits each voter to vote for or against as many 12
253	253	questions as a voter is lawfully entitled to vote on, and no 13
254	254	more; 14
255	255	(4) Provides facilities for each voter to cast as many 15
256	256	write-in votes for each office as a voter is lawfully 16
257	257	entitled to cast; 17 SB 917 9
258	258	(5) Permits each voter in a primary election to vote 18
259	259	for the candidates of only one party announced by the vo ter 19
260	260	in advance; 20
261	261	(6) Permits each voter at a presidential election to 21
262	262	vote by use of a single mark for the candidates of one party 22
263	263	or group of petitioners for president, vice president and 23
264	264	their presidential electors; 24
265	265	(7) Accurately counts all proper votes cast for each 25
266	266	candidate and for and against each question; 26
267	267	(8) Is set to reject all votes, except write -in votes, 27
268	268	for any office and on any question when the number of votes 28
269	269	exceeds the number a voter is lawfully entitled to cast; 29
270	270	(9) Permits each voter, while voting, to clearly see 30
271	271	the ballot label; 31
272	272	(10) Has been tested and is certified by an 32
273	273	independent authority that meets the voting system standards 33
274	274	developed by the Federal Election Commission or its 34
275	275	successor agency. The provisions of this subdivision shall 35
276	276	not be required for any system purchased prior to August 28, 36
277	277	2002. 37
278	278	3. The secretary of state shall promulgate rules and 38
279	279	regulations to allow the use of a computerized voting 39
280	280	system. The procedures shall provide for the use of a 40
281	281	computerized voting system with the ability to provide a 41
282	282	paper audit trail. Notwithstanding any provisions of this 42
283	283	chapter to the contrary, such a system may allow for the 43
284	284	storage of processed ballot materials in an elec tronic form. 44
285	285	4. Any rule or portion of a rule, as that term is 45
286	286	defined in section 536.010, that is created under the 46
287	287	authority delegated in this section shall become effective 47
288	288	only if it complies with and is subject to all of the 48
289	289	provisions of chapter 536 and, if applicable, section 49 SB 917 10
290	290	536.028. This section and chapter 536 are nonseverable and 50
291	291	if any of the powers vested with the general assembly 51
292	292	pursuant to chapter 536 to review, to delay the effective 52
293	293	date or to disapprove and annul a rule are subsequently held 53
294	294	unconstitutional, then the grant of rulemaking authority and 54
295	295	any rule proposed or adopted after August 28, 2002, shall be 55
296	296	invalid and void. 56
297	297	5. If any election authority uses any ] Touchscreen 57
298	298	direct-recording electronic vote -counting [machine, the 58
299	299	election authority may continue to use such machine. Upon 59
300	300	the removal of such voting machine from the election 60
301	301	authority's inventory because of mechanical malfunction, 61
302	302	wear and tear, or any other reason, the machine shall not be 62
303	303	replaced and no additional direct -recording electronic vote - 63
304	304	counting machine shall be added to the election authority's 64
305	305	inventory. Such] machines shall not be used [beginning 65
306	306	January 1, 2024. Equipment that is designed for 66
307	307	accessibility shall provide a paper ballot audit trail ]. 67
308	308	[6.] 2. (1) Each election authority that controls its 68
309	309	own information technology department shall, once every two 69
310	310	years, allow a cyber security review of their office by the 70
311	311	secretary of state or alternatively by an en tity that 71
312	312	specializes in cyber security reviews. Each political 72
313	313	subdivision that controls the information technology 73
314	314	department for an election authority shall, once every two 74
315	315	years, allow a cyber security review of the information 75
316	316	technology department by the secretary of state or 76
317	317	alternatively by an entity that specializes in cyber 77
318	318	security reviews. The secretary of state shall, once every 78
319	319	two years, allow a cyber security review of its office by an 79
320	320	entity that specializes in cyber security rev iews. For 80 SB 917 11
321	321	purposes of this section, an entity specializes in cyber 81
322	322	security review if it employs one or more individuals who: 82
323	323	(a) Have at least five years management experience in 83
324	324	information security or five years' experience as an 84
325	325	information security analyst; 85
326	326	(b) Have worked in at least two of the domains listed 86
327	327	in paragraph (c) of this subdivision that are covered in the 87
328	328	exam required by such paragraph; and 88
329	329	(c) Have attained an information security 89
330	330	certification by passing an e xam that covers at least three 90
331	331	of the following topics: 91
332	332	a. Information technology risk management, 92
333	333	identification, mitigation, and compliance; 93
334	334	b. Information security incident management; 94
335	335	c. Information security program development and 95
336	336	management; 96
337	337	d. Risk and control monitoring and reporting; 97
338	338	e. Access control systems and methodology; 98
339	339	f. Business continuity planning and disaster recovery 99
340	340	planning; 100
341	341	g. Physical security of election authority property; 101
342	342	h. Networking security; or 102
343	343	i. Security architecture application and systems 103
344	344	development. 104
345	345	(2) If an election authority or political subdivision 105
346	346	fails to have a cyber security review as required by this 106
347	347	subsection, the secretary of state may publish a notice of 107
348	348	noncompliance in a newspaper within the jurisdiction of the 108
349	349	election authority or in electronic format. The secretary 109
350	350	of state is also authorized to withhold funds from an 110
351	351	election authority in violation of this section unless such 111 SB 917 12
352	352	funding is a federal mandate or part of a federal and state 112
353	353	agreement. 113
354	354	[7.] 3. The secretary of state shall have authority to 114
355	355	require cyber security testing, including penetration 115
356	356	testing, of vendor machines, programs, and systems. Failure 116
357	357	to participate in such testing shall result in a revocation 117
358	358	of vendor certification. Upon notice from another 118
359	359	jurisdiction of cyber security failures or certification 119
360	360	withholds or revocation, the secretary of state shall have 120
361	361	authority to revoke or withhold cer tification for vendors. 121
362	362	The requirements of this section shall be subject to 122
363	363	appropriation for the purpose of cyber security testing. 123
364	364	[8.] 4. The secretary of state may designate an 124
365	365	organization of which each election authority shall be a 125
366	366	member, provided there is no membership fee and the 126
367	367	organization provides information to increase cyber security 127
368	368	and election integrity efforts. 128
369	369	[9.] 5. All audits required by subsection [6] 2 of 129
370	370	this section that are conducted by the secretary of state 130
371	371	shall be solely paid for by state and federal funding. 131
372	372	115.226. 1. Each election authority shall ensure that 1
373	373	each polling place has in its jurisdiction a sufficient 2
374	374	number of voting machines that are designed for 3
375	375	accessibility for all elections. Such machines shall comply 4
376	376	with the provisions of Section 301 of the federal Help 5
377	377	America Vote Act, 52 U.S.C. Section 21081. Additionally, 6
378	378	such machines shall print out a paper ballot for each voter 7
379	379	who casts a ballot using the machin e that is identical to 8
380	380	the ballot required by section 115.237. The ballot printed 9
381	381	out shall contain a distinguishing mark beside each 10
382	382	candidate and question the voter has voted for. 11 SB 917 13
383	383	2. The secretary of state shall maintain a database 12
384	384	containing the names of all individuals who are eligible to 13
385	385	use a voting machine designed for accessibility pursuant to 14
386	386	this section. Registered voters may submit requests to be 15
387	387	included in such database. The database shall be updated as 16
388	388	changes are made and ev ery thirty days election authorities 17
389	389	shall be given an updated list of registered voters in the 18
390	390	jurisdiction of the election authority who are eligible to 19
391	391	use such machines. Only registered voters who appear on the 20
392	392	list may cast a ballot using a votin g machine authorized 21
393	393	under this section. 22
394	394	115.237. 1. [Each ballot printed or designed for use 1
395	395	with an electronic voting system for any election pursuant 2
396	396	to this chapter shall contain all questions and the names of 3
397	397	all offices and candidates certified or filed pursuant to 4
398	398	this chapter and no other.] Beginning January 1, 2023, the 5
399	399	official ballot shall be a paper ballot that is hand -marked 6
400	400	by the voter or by the voter's designee as permitted in 7
401	401	section 115.445[, unless such voter chooses to use a ballot - 8
402	402	marking device as provided in section 115.225 ]. As far as 9
403	403	practicable, all questions and the names of all offices and 10
404	404	candidates for which each voter is entitled to vote shall be 11
405	405	printed on one page except for the ballot for p olitical 12
406	406	party committee persons [in polling places not utilizing an 13
407	407	electronic voting system ] which may be printed separately 14
408	408	and in conformity with the requirements contained in this 15
409	409	section. As far as practicable, ballots containing only 16
410	410	questions and the names of nonpartisan offices and 17
411	411	candidates shall be printed in accordance with the 18
412	412	provisions of this section, except that the ballot 19
413	413	information may be listed in vertical or horizontal rows. 20 SB 917 14
414	414	The names of candidates for each office shall be listed in 21
415	415	the order in which they are filed. 22
416	416	2. [In polling places using electronic voting systems, 23
417	417	the ballot information may be arranged in vertical or 24
418	418	horizontal rows or on a number of separate pages or 25
419	419	screens. In any event,] The name of each candidate, the 26
420	420	candidate's party, the office for which he or she is a 27
421	421	candidate, and each question shall be indicated clearly on 28
422	422	the ballot. 29
423	423	3. [Nothing in this subchapter shall be construed as 30
424	424	prohibiting the use of a separate paper ballot for questions 31
425	425	or for the presidential preference primary in any polling 32
426	426	place using an electronic voting system. 33
427	427	4. Where electronic voting systems are used and ] When 34
428	428	write-in votes are authorized by law, a write -in ballot, 35
429	429	which may be in the form of a separate paper ballot, card, 36
430	430	or envelope, may be provided by the election authority to 37
431	431	permit each voter to write in the names of persons whose 38
432	432	names do not appear on the ballot. 39
433	433	[5.] 4. No ballot [printed or designed for use with an 40
434	434	electronic voting system for any partisan election held 41
435	435	under this chapter] shall allow a person to vote a straight 42
436	436	political party ticket. For purposes of this subsection, a 43
437	437	"straight political party ticket" means voting for all of 44
438	438	the candidates for electi ve office who are on the ballot 45
439	439	representing a single political party by a single selection 46
440	440	on the ballot. 47
441	441	[6. The secretary of state shall promulgate rules that 48
442	442	specify uniform standards for ballot layout for each 49
443	443	electronic or computerized ball ot counting system approved 50
444	444	under the provisions of section 115.225 so that the ballot 51
445	445	used with any counting system is, where possible, consistent 52 SB 917 15
446	446	with the intent of this section. Nothing in this section 53
447	447	shall be construed to require the format speci fied in this 54
448	448	section if it does not meet the requirements of the ballot 55
449	449	counting system used by the election authority. 56
450	450	7.] 5. Any rule or portion of a rule, as that term is 57
451	451	defined in section 536.010, that is created under the 58
452	452	authority delegated in this section shall become effective 59
453	453	only if it complies with and is subject to all of the 60
454	454	provisions of chapter 536 and, if applicable, section 61
455	455	536.028. This section and chapter 536 are nonseverable and 62
456	456	if any of the powers vested with the genera l assembly 63
457	457	pursuant to chapter 536 to review, to delay the effective 64
458	458	date or to disapprove and annul a rule are subsequently held 65
459	459	unconstitutional, then the grant of rulemaking authority and 66
460	460	any rule proposed or adopted after August 28, 2002, shall be 67
461	461	invalid and void. 68
462	462	115.415. Before the time fixed by law for the opening 1
463	463	of the polls, the election authority shall deliver to the 2
464	464	authorized election officials or to the polling place the 3
465	465	appropriate ballots, ballot boxes, precinct registers, 4
466	466	voting booths, voting machines authorized under section 5
467	467	115.226 and all other supplies, material and equipment 6
468	468	necessary and appropriate for the polling place. The 7
469	469	election authority shall make and preserve a record of each 8
470	470	delivery. 9
471	471	115.417. 1. Before the time fixed by law for the 1
472	472	opening of the polls, the election authority shall deliver 2
473	473	to each polling place a sufficient number of voter 3
474	474	instruction cards which include the following information: 4
475	475	how to obtain a ballot for voting, how to vote and prepare 5
476	476	the ballot for deposit in the ballot box, and how to obtain 6
477	477	a new ballot to replace one accidentally spoiled. 7 SB 917 16
478	478	2. The election authority at each polling place shall 8
479	479	post in a conspicuous place voting instructions on a poster 9
480	480	no smaller than twenty -four inches by thirty inches. Such 10
481	481	instructions shall also inform the voter that the 11
482	482	[electronic voting equipment ] voting machines authorized 12
483	483	under section 115.226 can be demonstrated upon request of 13
484	484	the voter. The election authority shall also publicly post 14
485	485	during the period of time in which a person may cast an 15
486	486	absentee ballot and on election day a sample version of the 16
487	487	ballot that will be used for that election, the date of the 17
488	488	election, the hours during which the polling place will be 18
489	489	open, instructions for mail -in registrants and first -time 19
490	490	voters, general information on voting rights in accordance 20
491	491	with the state plan filed by the secretary of state pursuant 21
492	492	to the Help America Vote Act of 2 002, general information on 22
493	493	the right to cast a provisional ballot and instructions for 23
494	494	provisional ballots, how to contact appropriate authorities 24
495	495	if voting rights have been violated, and general information 25
496	496	on federal and Missouri law regarding prohi bitions on acts 26
497	497	of fraud and misrepresentation. The secretary of state may 27
498	498	promulgate rules to execute this section. No rule or 28
499	499	portion of a rule promulgated pursuant to the authority of 29
500	500	this section shall become effective unless it has been 30
501	501	promulgated pursuant to chapter 536. 31
502	502	3. The secretary of state may develop multilingual 32
503	503	voting instructions to be made available to election 33
504	504	authorities. 34
505	505	115.419. Before the time fixed by law for the opening 1
506	506	of the polls, the election authority shall deliver to each 2
507	507	polling place a sufficient number of sample ballots [and 3
508	508	ballot cards] which shall be a different color but otherwise 4
509	509	exact copies of the official ballot. The samples shall be 5 SB 917 17
510	510	printed in the form of a diagram, showing the form of the 6
511	511	ballot [or the front of the marking device or voting 7
512	512	machine] as it will appear on election day. The secretary 8
513	513	of state may develop multilingual sample ballots to be made 9
514	514	available to election authorities. 10
515	515	115.421. Before the time fixed by law for the opening 1
516	516	of the polls, the election judges shall: 2
517	517	(1) Set up the voting equipment, arrange the 3
518	518	furniture, supplies and records and make all other 4
519	519	arrangements necessary to open the polls at the time fixed 5
520	520	by law; 6
521	521	(2) Post a voter instruction card in each voting booth 7
522	522	or machine and in at least one other conspicuous place 8
523	523	within the polling place and post a sample ballot in a 9
524	524	conspicuous place near the voting booths; 10
525	525	(3) Certify the number of ballo ts received at each 11
526	526	polling place[. In each polling place using voting 12
527	527	machines, the election judges shall, in lieu of certifying 13
528	528	the number of ballots received, certify the number on each 14
529	529	voting machine received at the polling place, the number on 15
530	530	the seal of each voting machine, the number on the 16
531	531	protective counter of each voting machine and that all 17
532	532	recording counters on all voting machines at the polling 18
533	533	place are set at zero. If a recording counter on any voting 19
534	534	machine is not set at zero, t he election judges shall 20
535	535	immediately notify the election authority and proceed as it 21
536	536	directs]; 22
537	537	(4) Compare the ballot[, ballot label or ballot card ] 23
538	538	and ballot label with the sample ballots, see that the 24
539	539	names, numbers and letters agree and certi fy thereto in the 25
540	540	tally book. If the names, numbers or letters do not agree, 26 SB 917 18
541	541	the election judges shall immediately notify the election 27
542	542	authority and proceed as it directs; and 28
543	543	(5) Sign the tally book in the manner provided in the 29
544	544	form for tally books in section 115.461 or 115.473. If any 30
545	545	election judge, challenger or watcher has not been 31
546	546	previously sworn as the law directs, he or she shall take 32
547	547	and subscribe the oath of his or her office as provided in 33
548	548	section 115.091 or 115.109, and the oat h shall be returned 34
549	549	to the election authority with the tally book. 35
550	550	115.423. Not more than one hour before the voting 1
551	551	begins, the election judges shall open the ballot box and 2
552	552	show to all present that it is empty. The ballot box shall 3
553	553	then be locked and the key kept by one of the election 4
554	554	judges. The ballot box shall not be opened or removed from 5
555	555	public view from the time it is shown to be empty until the 6
556	556	polls close or until the ballot box is delivered for 7
557	557	counting pursuant to section 115.451. [If voting machines 8
558	558	are used, the election judges shall call attention to the 9
559	559	counter on the face of each voting machine and show to all 10
560	560	present that it is set at zero. ] 11
561	561	115.430. 1. This section shall apply to prim ary and 1
562	562	general elections where candidates for federal or statewide 2
563	563	offices are nominated or elected and any election where 3
564	564	statewide issue or issues are submitted to the voters. 4
565	565	2. (1) A voter claiming to be properly registered in 5
566	566	the jurisdiction of the election authority and eligible to 6
567	567	vote in an election, but whose eligibility at that precinct 7
568	568	cannot be immediately established upon examination of the 8
569	569	precinct register, shall be entitled to vote a provisional 9
570	570	ballot after providing a form of personal identification 10
571	571	required pursuant to section 115.427 or upon executing an 11
572	572	affidavit under section 115.427, or may vote at a central 12 SB 917 19
573	573	polling place as established in section 115.115 where the 13
574	574	voter may vote his or her appropriate ballot for h is or her 14
575	575	precinct of residence upon verification of eligibility or 15
576	576	vote a provisional ballot if eligibility cannot be 16
577	577	determined. The provisional ballot provided to a voter 17
578	578	under this section shall be the ballot provided to a 18
579	579	resident of the voter's precinct determined by reference to 19
580	580	the affidavit provided for in this section. If the voter 20
581	581	declares that the voter is eligible to vote and the election 21
582	582	authority determines that the voter is eligible to vote at 22
583	583	another polling place, the voter shal l be directed to the 23
584	584	correct polling place or a central polling place as 24
585	585	established by the election authority pursuant to subsection 25
586	586	5 of section 115.115. If the voter refuses to go to the 26
587	587	correct polling place or a central polling place, the voter 27
588	588	shall be permitted to vote a provisional ballot at the 28
589	589	incorrect polling place, but such ballot shall not be 29
590	590	counted if the voter was not eligible to vote at that 30
591	591	polling place. 31
592	592	(2) The following steps shall be taken to establish a 32
593	593	voter's eligibility to vote at a polling place: 33
594	594	(a) The election judge shall examine the precinct 34
595	595	register as provided in section 115.425. If the voter is 35
596	596	registered and eligible to vote at the polling place, the 36
597	597	voter shall receive a regular ballot; 37
598	598	(b) If the voter's eligibility cannot be immediately 38
599	599	established by examining the precinct register, the election 39
600	600	judge shall contact the election authority. If the election 40
601	601	authority cannot immediately establish that the voter is 41
602	602	registered and eligible to vote at the polling place upon 42
603	603	examination of the Missouri voter registration system, or if 43
604	604	the election judge is unable to make contact with the 44 SB 917 20
605	605	election authority immediately, the voter shall be notified 45
606	606	that the voter is entitled to a provisiona l ballot. 46
607	607	(3) The voter shall have the duty to appear and vote 47
608	608	at the correct polling place. If an election judge 48
609	609	determines that the voter is not eligible to vote at the 49
610	610	polling place at which a voter presents himself or herself, 50
611	611	and if the voter appears to be eligible to vote at another 51
612	612	polling place, the voter shall be informed that he or she 52
613	613	may cast a provisional ballot at the current polling place 53
614	614	or may travel to the correct polling place or a central 54
615	615	polling place, as established by t he election authority 55
616	616	under subsection 5 of section 115.115, where the voter may 56
617	617	cast a regular ballot or provisional ballot if the voter's 57
618	618	eligibility still cannot be determined. Provisional ballots 58
619	619	cast at a polling place shall be counted only if th e voter 59
620	620	was eligible to vote at such polling place as provided in 60
621	621	subsection 5 of this section. 61
622	622	(4) For a voter requesting an absentee ballot in 62
623	623	person, such voter shall be entitled to cast a provisional 63
624	624	ballot when the voter's eligibility cannot be immediately 64
625	625	established upon examination of the precinct registers or 65
626	626	the Missouri voter registration system. 66
627	627	(5) Prior to accepting any provisional ballot at the 67
628	628	polling place, the election judges shall determine that the 68
629	629	information provided on the provisional ballot envelope by 69
630	630	the provisional voter is consistent with the identification 70
631	631	provided by such person under section 115.427. 71
632	632	3. (1) No person shall be entitled to receive a 72
633	633	provisional ballot until such person has completed a 73
634	634	provisional ballot affidavit on the provisional ballot 74
635	635	envelope. 75 SB 917 21
636	636	(2) The secretary of state shall produce appropriate 76
637	637	sizes of provisional ballot envelopes and distribute them to 77
638	638	each election authority according to their tabulating 78
639	639	system. All provisional ballot envelopes shall be printed 79
640	640	on a distinguishable color of paper that is different from 80
641	641	the color of the regular ballot. The provisional ballot 81
642	642	envelope shall be in the form required by subsection 4 of 82
643	643	this section. All provisional ballots shall be marked with 83
644	644	a conspicuous stamp or other distinguishing mark that makes 84
645	645	them readily distinguishable from the regular ballots. 85
646	646	(3) Once voted, the provisional ballot shall be placed 86
647	647	and sealed in a provisional ballot envelope. 87
648	648	4. The provisional ballot in its envelope shall be 88
649	649	deposited in the ballot box. The provisional ballot 89
650	650	envelope shall be completed by the voter for use in 90
651	651	determining eligibility. The provisional ballot envelope 91
652	652	specified in this section shall c ontain a voter's 92
653	653	certificate which shall be in substantially the following 93
654	654	form: 94
655	655	95 STATE OF ______
656	656	96 COUNTY OF ______
657	657	97
658	658	98
659	659	99
660	660	100
661	661	101
662	662	102
663	663	103
664	664	104
665	665	105
666	666	I do solemnly swear (or affirm) that my name is
667	667	______; that my date of birth is ______; that the
668	668	last four digits of my Social Security Number are
669	669	______; that I am registered to vote in ______
670	670	County or City (if a City not within a County),
671	671	Missouri; that I am a qualified voter of said
672	672	County (or City not within a County); that I am
673	673	eligible to vote at this polling place; and that I
674	674	have not voted in this election.
675	675
676	676	106
677	677	107
678	678	108
679	679	109
680	680	I understand that if the above -provided information
681	681	is not correct and the election authority
682	682	determines that I am not registered and eligible to
683	683	vote, my vote will not be counted. I further
684	684	SB 917 22
685	685	The voter may provide additional information to further 121
686	686	assist the election authority in determining eligibility, 122
687	687	including the place and date the voter registered to vote, 123
688	688	if known. 124
689	689	5. (1) Prior to counting any provisional ballot, the 125
690	690	election authority shall determine if the voter is 126
691	691	registered and eligible to vote and if the vote was properly 127
692	692	cast. The eligibility of provisional votes shall be 128
693	693	determined according to the requirements for a voter to cast 129
694	694	a ballot in the election as set forth in sections 115.133 130
695	695	and 115.135. A provisional voter ballot shall not be 131
696	696	eligible to be counted until the election authority has 132
697	697	determined that: 133
698	698	(a) The voter cast such provisional ballot at a 134
699	699	polling place established for the voter or the central 135
700	700	polling place established by the election authority under 136
701	701	subsection 5 of section 115.115; 137
702	702	110
703	703	111
704	704	112
705	705	understand that knowingly providing false
706	706	information is a violat ion of law and subjects me
707	707	to possible criminal prosecution.
708	708	113 __________________
709	709	114 (Signature of Voter)
710	710	115 __________________
711	711	116 (Current Address)
712	712	117
713	713	118
714	714	Subscribed and affirmed before me this ______ day
715	715	of ______, 20______
716	716
717	717	119 __________________
718	718	120 (Signature of Election Official) SB 917 23
719	719	(b) The individual who cast the provisional ballot is 138
720	720	an individual registered to vote in the respective election 139
721	721	at the polling place where the ballot was cast; 140
722	722	(c) The voter did not otherwise vote in the same 141
723	723	election by regular ballot, absentee ballot, or otherwise; 142
724	724	and 143
725	725	(d) The information on the provisional ballot envelope 144
726	726	is found to be correct, complete, and accurate. 145
727	727	(2) When the ballot boxes are delivered to the 146
728	728	election authority from the polling places, the receiving 147
729	729	teams shall separate the provisional ballots from the rest 148
730	730	of the ballots and place the sealed provisional ballot 149
731	731	envelopes in a separate container. Teams of election 150
732	732	authority employees or teams of election judges with each 151
733	733	team consisting of one member of each major political party 152
734	734	shall photocopy each provisional ballot envelope, such 153
735	735	photocopy to be used by the election authority to determine 154
736	736	provisional voter eligibility. The sealed provisional 155
737	737	ballot envelopes shall be placed by t he team in a sealed 156
738	738	container and shall remain therein until tabulation. 157
739	739	(3) To determine whether a provisional ballot is valid 158
740	740	and entitled to be counted, the election authority shall 159
741	741	examine its records and verify that the provisional voter is 160
742	742	properly registered and eligible to vote in the election. 161
743	743	If the provisional voter has provided information regarding 162
744	744	the registration agency where the provisional voter 163
745	745	registered to vote, the election authority shall make an 164
746	746	inquiry of the registrat ion agency to determine whether the 165
747	747	provisional voter is properly registered and eligible to 166
748	748	vote in the election. 167
749	749	(4) If the election authority determines that the 168
750	750	provisional voter is registered and eligible to vote in the 169 SB 917 24
751	751	election, the electio n authority shall provide documentation 170
752	752	verifying the voter's eligibility. Such documentation shall 171
753	753	be noted on the copy of the provisional ballot envelope and 172
754	754	shall contain substantially the following information: 173
755	755	(a) The name of the provisional voter; 174
756	756	(b) The name of the reviewer; 175
757	757	(c) The date and time; and 176
758	758	(d) A description of evidence found that supports the 177
759	759	voter's eligibility. 178
760	760	(5) The local election authority shall record on a 179
761	761	provisional ballot acceptance/rejection list the provisional 180
762	762	ballot identification number and a notation marking it as 181
763	763	accepted. 182
764	764	(6) If the election authority determines that the 183
765	765	provisional voter is not registered or eligible to vote in 184
766	766	the election, the election authority shall prov ide 185
767	767	documentation verifying the voter's ineligibility. Such 186
768	768	documentation shall be noted on the copy of the provisional 187
769	769	ballot envelope and shall contain substantially the 188
770	770	following information: 189
771	771	(a) The name of the provisional voter; 190
772	772	(b) The name of the reviewer; 191
773	773	(c) The date and time; 192
774	774	(d) A description of why the voter is ineligible. 193
775	775	(7) The local election authority shall record on a 194
776	776	provisional ballot acceptance/rejection list the provisional 195
777	777	ballot identification numb er and notation marking it as 196
778	778	rejected. 197
779	779	(8) If rejected, a photocopy of the envelope shall be 198
780	780	made and used by the election authority as a mail -in voter 199
781	781	registration. The actual provisional ballot envelope shall 200
782	782	be kept as ballot material, and t he copy of the envelope 201 SB 917 25
783	783	shall be used by the election authority for registration 202
784	784	record keeping. 203
785	785	6. All provisional ballots cast by voters whose 204
786	786	eligibility has been verified as provided in this section 205
787	787	shall be counted in accordance with the rul es governing 206
788	788	ballot tabulation. Provisional ballots shall not be counted 207
789	789	until all provisional ballots are determined either eligible 208
790	790	or ineligible and all provisional ballots must be processed 209
791	791	before the election is certified. The provisional ballot 210
792	792	shall be counted only if the election authority determines 211
793	793	that the voter is registered and eligible to vote. 212
794	794	Provisional ballots voted in the wrong polling place shall 213
795	795	not be counted. If the voter is not registered but is 214
796	796	qualified to register for future elections, the affidavit 215
797	797	shall be considered a mail -in application to register to 216
798	798	vote pursuant to this chapter. 217
799	799	7. (1) After the election authority completes its 218
800	800	review of the provisional voter's eligibility under 219
801	801	subsection 5 of this s ection, the election authority shall 220
802	802	deliver the provisional ballots and copies of the 221
803	803	provisional ballot envelopes that include eligibility 222
804	804	information to bipartisan counting teams, which may be the 223
805	805	board of verification, for review and tabulation. The 224
806	806	election authority shall maintain a record of such 225
807	807	delivery. The record shall include the number of ballots 226
808	808	delivered to each team and shall include a signed receipt 227
809	809	from two judges, one from each major political party. The 228
810	810	election authority sha ll provide each team with a ballot box 229
811	811	and material necessary for tabulation. 230
812	812	(2) If the person named on the provisional ballot 231
813	813	affidavit is found to have been properly qualified and 232
814	814	registered to cast a ballot in the election and the 233 SB 917 26
815	815	provisional ballot otherwise qualifies to be counted under 234
816	816	the provisions of this section, the envelope shall be 235
817	817	opened, and the ballot shall be placed in a ballot box to be 236
818	818	counted. 237
819	819	(3) If the person named on the provisional ballot 238
820	820	affidavit is found not t o have been properly qualified and 239
821	821	registered to cast a ballot in the election or if the 240
822	822	election authority is unable to determine such person's 241
823	823	right to vote, the envelope containing the provisional 242
824	824	ballot shall not be opened, and the person's vote sh all not 243
825	825	be counted. The members of the team shall follow the 244
826	826	procedures set forth in subsection 5 of this section for 245
827	827	rejected provisional ballots. 246
828	828	(4) The votes shall be tallied and the returns made as 247
829	829	provided in sections 115.447 to 115.525 [for paper ballots]. 248
830	830	After the vote on all ballots assigned to a team have been 249
831	831	counted, the ballots, ballot envelopes, and copies of ballot 250
832	832	envelopes with the eligibility information provided by the 251
833	833	election authority shall be enclosed in sealed contain ers 252
834	834	marked "Voted provisional ballots and ballot envelopes from 253
835	835	the election held ______, 20______". All rejected 254
836	836	provisional ballots, ballot envelopes, and copies of ballot 255
837	837	envelopes with the eligibility information provided by the 256
838	838	election authority shall be enclosed in sealed containers 257
839	839	marked "Rejected provisional ballots and ballot envelopes 258
840	840	from the election held ______, 20______". On the outside of 259
841	841	each voted ballot and rejected ballot container, each member 260
842	842	of the team shall write their n ame and all such containers 261
843	843	shall be returned to the election authority. Upon receipt 262
844	844	of the returns and ballots, the election authority shall 263
845	845	tabulate the provisional votes. 264 SB 917 27
846	846	8. Challengers and watchers, as provided by sections 265
847	847	115.105 and 115.107, may be present during all times that 266
848	848	the bipartisan counting teams are reviewing or counting the 267
849	849	provisional ballots, the provisional ballot envelopes, or 268
850	850	copies of the provisional ballot envelopes that include 269
851	851	eligibility information provided by t he election authority. 270
852	852	Challengers and watchers shall be permitted to observe the 271
853	853	determination of the eligibility of all provisional 272
854	854	ballots. The election authority shall notify the county 273
855	855	chair of each major political party of the time and location 274
856	856	when bipartisan counting teams will be reviewing or counting 275
857	857	the provisional ballots, the provisional ballot envelopes, 276
858	858	or the copies of the provisional ballot envelopes that 277
859	859	include the eligibility information provided by the election 278
860	860	authority. 279
861	861	9. [The certificate of ballot cards shall: 280
862	862	(1) Reflect the number of provisional envelopes 281
863	863	delivered; and 282
864	864	(2) Reflect the number of sealed provisional envelopes 283
865	865	with voted ballots deposited in the ballot box. 284
866	866	10. In counties where th e voting system does not 285
867	867	utilize a paper ballot, the election authority shall provide 286
868	868	the appropriate provisional ballots to each polling place. 287
869	869	11.] The secretary of state may promulgate rules for 288
870	870	purposes of ensuring the uniform application of t his 289
871	871	section. No rule or portion of a rule promulgated pursuant 290
872	872	to the authority of this section shall become effective 291
873	873	unless it has been promulgated pursuant to chapter 536. 292
874	874	[12.] 10. The secretary of state shall design and 293
875	875	provide to the election authorities the envelopes and forms 294
876	876	necessary to carry out the provisions of this section. 295 SB 917 28
877	877	[13.] 11. Pursuant to the Help America Vote Act of 296
878	878	2002, the secretary of state shall ensure a free access 297
879	879	system is established, such as a toll -free number or an 298
880	880	internet website, that any individual who casts a 299
881	881	provisional ballot may access to discover whether the vote 300
882	882	of that individual was counted, and, if the vote was not 301
883	883	counted, the reason that the vote was not counted. At the 302
884	884	time an individual casts a provisional ballot, the election 303
885	885	authority shall give the voter written information that 304
886	886	states that any individual who casts a provisional ballot 305
887	887	will be able to ascertain under such free access system 306
888	888	whether the vote was counted, and if the vote was not 307
889	889	counted, the reason that the vote was not counted. 308
890	890	[14.] 12. In accordance with the Help America Vote Act 309
891	891	of 2002, any individual who votes in an election as a result 310
892	892	of a court order or any other order extending the time 311
893	893	established for closing the polls in section 115.407 may 312
894	894	vote only by using a provisional ballot, and such 313
895	895	provisional ballot shall be separated and held apart from 314
896	896	other provisional ballots cast by those not affected by the 315
897	897	order. Such ballots shall not be counted until such time as 316
898	898	the ballots are determined to be valid. No state court 317
899	899	shall have jurisdiction to extend the polling hours 318
900	900	established by law, including section 115.407. 319
901	901	115.433. After the voter's identification certifi cate 1
902	902	has been initialed, two judges of different political 2
903	903	parties, or one judge from a major political party and one 3
904	904	judge with no political affiliation, shall [, where paper 4
905	905	ballots are used,] initial the voter's ballot [or ballot 5
906	906	card]. 6
907	907	115.436. 1. [In jurisdictions using paper ballots and 1
908	908	electronic voting systems, ] When any physically disabled 2 SB 917 29
909	909	voter within two hundred feet of a polling place is unable 3
910	910	to enter the polling place, two election judges, one of each 4
911	911	major political party, shall take a ballot [, equipment] and 5
912	912	materials necessary for voting to the voter. The voter 6
913	913	shall mark the ballot, and the election judges shall place 7
914	914	the ballot in an envelope and place it in the ballot box. 8
915	915	2. [In jurisdictions using voting machines, when any 9
916	916	physically disabled voter within two hundred feet of a 10
917	917	polling place is unable to enter the polling place, two 11
918	918	election judges, one of each major political party, shall 12
919	919	take an absentee ballot to the voter. The voter shall mark 13
920	920	the ballot, and the election judges shall place the ballot 14
921	921	in an envelope and place it in the ballot box. 15
922	922	3.] Upon request to the election authority, the 16
923	923	election authority in any jurisdiction shall designate a 17
924	924	polling place accessible to any physically disabled voter 18
925	925	other than the polling place to which that voter would 19
926	926	normally be assigned to vote, provided that the candidates 20
927	927	and issues voted on are consistent for both the designated 21
928	928	location and the voting location for the voter's pre cinct. 22
929	929	Upon request, the election authority may also assign members 23
930	930	of the physically disabled voter's household and such 24
931	931	voter's caregiver to the same voting location as the 25
932	932	physically disabled voter. In no event shall a voter be 26
933	933	assigned under this section to a designated location apart 27
934	934	from the established voting location for the voter's 28
935	935	precinct if the voter objects to the assignment to another 29
936	936	location. 30
937	937	115.439. 1. [If paper ballots are used, ] The voter 1
938	938	shall, immediately upon receiving [his] a ballot, go alone 2
939	939	to a voting booth and vote [his] the ballot in the following 3
940	940	manner: 4 SB 917 30
941	941	(1) When a voter desires to vote for a candidate, the 5
942	942	voter shall place a distinguishing mark immediately beside 6
943	943	the name of the candid ate for which the voter intends to 7
944	944	vote; 8
945	945	(2) If a write-in line appears on the ballot, the 9
946	946	voter may write the name of the person for whom he or she 10
947	947	wishes to vote on the line and place a distinguishing mark 11
948	948	immediately beside the name; 12
949	949	(3) If the ballot is one which contains no candidates, 13
950	950	the voter shall place a distinguishing mark directly to the 14
951	951	left of each "YES" or "NO" he or she desires to vote. 15
952	952	No voter shall vote for the same person more than once for 16
953	953	the same office at the same election. 17
954	954	2. If the voter accidentally spoils [his] the ballot 18
955	955	[or ballot card] or makes an error, [he] the voter may 19
956	956	return it to an election judge and receive another. The 20
957	957	election judge shall mark "SPOILED" across the ballot [or 21
958	958	ballot card] and place it in an envelope marked "SPOILED 22
959	959	BALLOTS". After another ballot has been prepared in the 23
960	960	manner provided in section 115.433, the ballot shall be 24
961	961	given to the voter for voting. 25
962	962	3. Any rule or portion of a rule, as that term is 26
963	963	defined in section 536.010, that is created under the 27
964	964	authority delegated in this section shall become effective 28
965	965	only if it complies with and is subject to all of the 29
966	966	provisions of chapter 536 and, if applicable, section 30
967	967	536.028. This section and chapter 53 6 are nonseverable and 31
968	968	if any of the powers vested with the general assembly 32
969	969	pursuant to chapter 536 to review, to delay the effective 33
970	970	date or to disapprove and annul a rule are subsequently held 34
971	971	unconstitutional, then the grant of rulemaking authority and 35 SB 917 31
972	972	any rule proposed or adopted after August 28, 2002, shall be 36
973	973	invalid and void. 37
974	974	115.443. 1. [Where paper ballots are used, ] The voter 1
975	975	shall, before leaving the voting booth, fold [his] the 2
976	976	ballot so that the distinguishing marks are concealed. The 3
977	977	voter shall place [his] the ballot in the ballot box and 4
978	978	leave the polling place immediately. 5
979	979	2. In case of [Where electronic] voting machines [are 6
980	980	used,] authorized under section 115.226, the voter shall 7
981	981	register [his] a vote as directed in the instructions for 8
982	982	use of the machine, fold the printed ballot so that the 9
983	983	distinguishing marks are concealed, place the ballot in the 10
984	984	ballot box, and leave the polling place immediately. 11
985	985	115.447. [1.] As used in [this subchapter] sections 1
986	986	115.447 through 115.483 , unless the context clearly implies 2
987	987	otherwise, the following terms shall mean: 3
988	988	(1) "Counting judges" are the two judges, one from 4
989	989	each major political party, who read each vote received by 5
990	990	all candidates and each vote for and against all questions 6
991	991	at a polling place; 7
992	992	(2) "Receiving judges" are the two judges, one from 8
993	993	each major political party, who initial each voter's ballot 9
994	994	at a polling place; 10
995	995	(3) "Recording judges" are the two j udges, one from 11
996	996	each major political party, who tally the votes received by 12
997	997	each candidate and for and against each question at a 13
998	998	polling place. These terms describe functions rather than 14
999	999	individuals, and any election judge may perform more than 15
1000	1000	one function at a polling place on election day [.]; 16
1001	1001	[2. As used in this subchapter, unless the context 17
1002	1002	clearly implies otherwise, the following terms shall mean: 18 SB 917 32
1003	1003	(1)] (4) "Defective ballot" is any ballot on which the 19
1004	1004	number of write-in votes and votes cast on the ballot for 20
1005	1005	any office exceed the number allowed by law [, and any ballot 21
1006	1006	which is bent or damaged so that it cannot be properly 22
1007	1007	counted by automatic tabulating equipment ]; 23
1008	1008	[(2)] (5) "Rejected ballot" is any ballot on which no 24
1009	1009	votes are counted because the ballot fails to have the 25
1010	1010	initials of the proper election judges, because the number 26
1011	1011	of votes for all offices and on all questions exceeds the 27
1012	1012	number authorized by law, because the voter is deemed by the 28
1013	1013	election judges to be unqualified, because it is an absentee 29
1014	1014	ballot not accompanied by a completed and signed affidavit, 30
1015	1015	or because the ballot was voted with unlawful assistance; 31
1016	1016	[(3)] (6) "Spoiled ballot" is any ballot accidentally 32
1017	1017	spoiled by a voter and replaced by e lection judges in the 33
1018	1018	manner provided in subsection 2 of section 115.439. 34
1019	1019	115.456. 1. [(1) The election authority shall be 1
1020	1020	responsible for ensuring that the standards provided for in 2
1021	1021	this subsection are followed when counting ballo ts cast 3
1022	1022	using optical scan voting systems. 4
1023	1023	(2) Prior to tabulating ballots, all machines shall be 5
1024	1024	programmed to reject blank ballots where no votes are 6
1025	1025	recorded or where an overvote is registered in any race. 7
1026	1026	(3) In jurisdictions using preci nct-based tabulators, 8
1027	1027	the voter who cast the ballot shall review the ballot if 9
1028	1028	rejected, if the voter wishes to make any changes to the 10
1029	1029	ballot, or if the voter would like to spoil the ballot and 11
1030	1030	receive another ballot. 12
1031	1031	(4) In jurisdictions using centrally based tabulators, 13
1032	1032	if a ballot is so rejected it shall be reviewed by a 14
1033	1033	bipartisan team using the following criteria: 15 SB 917 33
1034	1034	(a) If a ballot is determined to be damaged, the 16
1035	1035	bipartisan team shall spoil the original ballot and 17
1036	1036	duplicate the voter's intent on the new ballot, provided 18
1037	1037	that there is an undisputed method of matching the duplicate 19
1038	1038	card with its original after it has been placed with the 20
1039	1039	remainder of the ballot cards from such precinct; and 21
1040	1040	(b) Voter intent shall be determined using the 22
1041	1041	following criteria: 23
1042	1042	a. There is a distinguishing mark in the printed oval 24
1043	1043	or divided arrow adjacent to the name of the candidate or 25
1044	1044	issue preference; 26
1045	1045	b. There is a distinguishing mark adjacent to the name 27
1046	1046	of the candidate or issu e preference; or 28
1047	1047	c. The name of the candidate or issue preference is 29
1048	1048	circled. 30
1049	1049	(5) In jurisdictions using optical scan systems, a 31
1050	1050	valid vote for a write -in candidate shall include the 32
1051	1051	following: 33
1052	1052	(a) A distinguishing mark in the designat ed location 34
1053	1053	preceding the name of the candidate; 35
1054	1054	(b) The name of the candidate. If the name of the 36
1055	1055	candidate as written by the voter is substantially as 37
1056	1056	declared by the candidate it shall be counted, or in those 38
1057	1057	circumstances where the names of candidates are similar, the 39
1058	1058	names of candidates as shown on voter registration records 40
1059	1059	shall be counted; and 41
1060	1060	(c) The name of the office for which the candidate is 42
1061	1061	to be elected. 43
1062	1062	(6) Whenever a hand recount of votes of optical scan 44
1063	1063	ballots is ordered, the provisions of this subsection shall 45
1064	1064	be used to determine voter intent. 46 SB 917 34
1065	1065	2.] (1) The election authority shall be responsible 47
1066	1066	for ensuring that the standards provided for in this 48
1067	1067	subsection are followed when counting ballots [cast using 49
1068	1068	paper ballots]. 50
1069	1069	(2) Voter intent shall be determined using the 51
1070	1070	following criteria: 52
1071	1071	(a) There is a distinguishing mark in the square 53
1072	1072	adjacent to the name of the candidate or issue preference; 54
1073	1073	(b) There is a distinguishing mark adjace nt to the 55
1074	1074	name of the candidate or issue preference; or 56
1075	1075	(c) The name of the candidate or issue preference is 57
1076	1076	circled. 58
1077	1077	(3) [In jurisdictions using paper ballots, ] A valid 59
1078	1078	vote for a write-in candidate shall include the following: 60
1079	1079	(a) A distinguishing mark in the square immediately 61
1080	1080	preceding the name of the candidate; 62
1081	1081	(b) The name of the candidate. If the name of the 63
1082	1082	candidate as written by the voter is substantially as 64
1083	1083	declared by the candidate it shall be counted, or in those 65
1084	1084	circumstances where the names of candidates are similar, the 66
1085	1085	names of candidates as shown on voter registration records 67
1086	1086	shall be counted; and 68
1087	1087	(c) The name of the office for which the candidate is 69
1088	1088	to be elected. 70
1089	1089	(4) Whenever a hand recount o f votes [of paper 71
1090	1090	ballots] is ordered, the provisions of this subsection shall 72
1091	1091	be used to determine voter intent. 73
1092	1092	[3.] 2. Notwithstanding any other provision of law, a 74
1093	1093	distinguishing mark indicating a general preference for or 75
1094	1094	against the candidates of one political party shall not be 76
1095	1095	considered a vote for or against any specific candidate. 77 SB 917 35
1096	1096	115.459. At each polling place [using paper ballots], 1
1097	1097	after the polling place is closed, the election judges shall 2
1098	1098	(1) Certify in the tally book the number of ballots 3
1099	1099	cast, the number of identification certificates signed, the 4
1100	1100	number of rejected and spoiled ballots and the number of 5
1101	1101	ballots received at the polling place which were not cast at 6
1102	1102	the election. If the number of signed identification 7
1103	1103	certificates is not the same as the number of ballots cast, 8
1104	1104	the judges shall make a signed statement of the fact and the 9
1105	1105	reasons therefor if known and shall return the statement 10
1106	1106	with the statements of returns; 11
1107	1107	(2) Certify on two statements of returns the number of 12
1108	1108	votes received by each candidate and for and against each 13
1109	1109	question. No returns shall be signed in blank or before the 14
1110	1110	polls have closed and all proper votes cast at the polling 15
1111	1111	place have been counted; 16
1112	1112	(3) Certify that each statement made in the tally book 17
1113	1113	and on each statement of returns is correct. If any judge 18
1114	1114	declines to certify that all such statements are correct, he 19
1115	1115	shall state his reasons in writing, which shall be attached 20
1116	1116	to each statement of retu rns and returned with the statement 21
1117	1117	to the election authority. 22
1118	1118	115.461. 1. The tally book for each polling place 1
1119	1119	[using paper ballots] shall be in substantially the 2
1120	1120	following form: 3
1121	1121	4
1122	1122	5
1123	1123	6
1124	1124	7
1125	1125	8
1126	1126	9
1127	1127	Tally book for ______ precincts, at the general
1128	1128	(special, primary) election held on the ______ day
1129	1129	of ______, 20______ AB, CD, EF, and XP judges, and
1130	1130	ZR and LT, watchers and BH and SP challengers at
1131	1131	this polling place, were sworn as the law directs
1132	1132	before beginning their duties.
1133	1133
1134	1134	10 We hereby certify: SB 917 36
1135	1135	2. At each polling place [using paper ballots, ] two 37
1136	1136	tally sheets shall b e included in each tally book. The 38
1137	1137	tally sheets shall be in substantially the following form: 39
1138	1138	11
1139	1139	12
1140	1140	The number of ballots received at this polling
1141	1141	place is ______;
1142	1142
1143	1143	13
1144	1144	14
1145	1145	15
1146	1146	16
1147	1147	The information on the official ballots
1148	1148	received at this polling place is the same as
1149	1149	the information on the sample ballots received
1150	1150	at this polling place.
1151	1151
1152	1152	17 AB
1153	1153	18 CD Election Judges
1154	1154	19 EF
1155	1155	20 XP
1156	1156	21 We hereby certify:
1157	1157	22
1158	1158	23
1159	1159	The number of ballots cast at this polling
1160	1160	place is ______;
1161	1161
1162	1162	24
1163	1163	25
1164	1164	The number of identification certificates
1165	1165	signed at this polling place is ______;
1166	1166
1167	1167	26
1168	1168	27
1169	1169	The number of rejected ballots at this polling
1170	1170	place is ______;
1171	1171
1172	1172	28
1173	1173	29
1174	1174	The number of spoiled ballots at this polling
1175	1175	place is ______;
1176	1176
1177	1177	30
1178	1178	31
1179	1179	32
1180	1180	The number of ballots received at this polling
1181	1181	place which were not cast at this election is
1182	1182	______;
1183	1183
1184	1184	33 AB
1185	1185	34 CD
1186	1186	35 EF
1187	1187	36 XP
1188	1188	40 NAMES OF PERSONS VOTED FOR AND
1189	1189	41 FOR WHAT OFFICE AND THE NUMBER SB 917 37
1190	1190	3. At each polling place [using paper ballots,] two 67
1191	1191	statements of returns shall be provided to the election 68
1192	1192	judges. The statements of returns shall be in substantially 69
1193	1193	the following form: 70
1194	1194	42 OF VOTES CAST FOR EACH PERSON
1195	1195	43 Office Candidates Tally of Votes Total Votes
1196	1196	44 MC
1197	1197	45 Governor HK
1198	1198	46 EH
1199	1199	47 Representative SS
1200	1200	48 in RK
1201	1201	49 Congress CB
1202	1202	50 VOTES FOR AND AGAINST EACH QUESTION
1203	1203	51
1204	1204	52
1205	1205	53
1206	1206	Question Tally of votes
1207	1207	FOR
1208	1208	Tally of
1209	1209	votes
1210	1210	AGAINST
1211	1211	Total of votes
1212	1212	FOR
1213	1213	Total of
1214	1214	votes
1215	1215	AGAINST
1216	1216
1217	1217	54
1218	1218	55
1219	1219	1.
1220	1220	To_____
1221	1221
1222	1222	56 ______
1223	1223	57 ______
1224	1224	58
1225	1225	59
1226	1226	2.
1227	1227	To_____
1228	1228
1229	1229	60 ______
1230	1230	61 __________________ __________________
1231	1231	62
1232	1232	63
1233	1233	Signature of Recording Signature of
1234	1234	Recording
1235	1235
1236	1236	64 Judge Judge
1237	1237	65
1238	1238	66
1239	1239	(of different
1240	1240	political party)
1241	1241	SB 917 38
1242	1242	115.501. As soon as possible after an election [in 1
1243	1243	which paper ballots or ballot cards are used ], the 2
1244	1244	verification board shall meet and check the addition and 3
1245	1245	figures on all tally sheets and statements of returns and 4
1246	1246	shall compare its record with the returns made by the 5
1247	1247	election judges and the election authority on the day of the 6
1248	1248	election. Before meeting, the verification board shall give 7
1249	1249	notice of the time and place of the meeting to each 8
1250	1250	independent and new party candidate and the chairman of the 9
1251	1251	county committee of each political party named on the ballot 10
1252	1252	at the election. The meeting and proceedings of the 11
1253	1253	verification board shall be open to a representative of each 12
1254	1254	independent candidate and political party named on the 13
1255	1255	71
1256	1256	72
1257	1257	73
1258	1258	74
1259	1259	We hereby certify that MC had ______ votes for
1260	1260	governor, and HK had ______ votes for governor and
1261	1261	EH had ______ votes for governor; that SS had
1262	1262	______ votes for representative in Congress, etc.
1263	1263
1264	1264	75
1265	1265	76
1266	1266	77
1267	1267	78
1268	1268	79
1269	1269	We hereby certify that proposition numbe r 1
1270	1270	received ______ votes for and ______ votes
1271	1271	against; constitutional amendment number 1
1272	1272	received ______ votes for and ______ votes
1273	1273	against, etc.
1274	1274
1275	1275	80
1276	1276	81
1277	1277	82
1278	1278	83
1279	1279	84
1280	1280	85
1281	1281	86
1282	1282	87
1283	1283	We, the duly qualified and acting Judges of the
1284	1284	polling place for ______ precincts, at the general
1285	1285	(special, primary) election held on the ______ of
1286	1286	______, 20______, in ______ county (City of St.
1287	1287	Louis, Kansas City), Missouri do hereby certify
1288	1288	that the foregoing is a full and accurate return
1289	1289	of all votes cast at this polling place for all
1290	1290	candidates and for and against all questions.
1291	1291
1292	1292	88 AB
1293	1293	89 CD Election Judges
1294	1294	90 EF
1295	1295	91 XP SB 917 39
1296	1296	ballot. If there is a discrepancy between the returns of 14
1297	1297	the election judges and the election authority and the 15
1298	1298	record of the verification board, the verification board 16
1299	1299	shall correct the returns made by the judges and election 17
1300	1300	authority to conform to its record. The corrected returns 18
1301	1301	shall supersede the returns made by the election judges and 19
1302	1302	the election authority on election day. Both the record and 20
1303	1303	the returns shall be retained by the election authority as 21
1304	1304	provided in section 115.493. 22
1305	1305	115.541. 1. Whenever a recount is ordered pursuant to 1
1306	1306	section 115.539, the court shall order all materials and 2
1307	1307	records relating to the contest brought before it, so that 3
1308	1308	the court has the same materials and records as the election 4
1309	1309	judges had while making the count and statements of 5
1310	1310	returns. The court shall have authority to pass upon the 6
1311	1311	form and determine the legality of the votes brought into 7
1312	1312	question and to determine the qualifications of any voter 8
1313	1313	whose vote is brought into question, provided that the name 9
1314	1314	of a voter upon a precinct register for the polling place 10
1315	1315	shall be prima facie evidence of the proper qualifications 11
1316	1316	of the voter. A comparison may be made between the 12
1317	1317	signatures on the identification certificates and those 13
1318	1318	which appear in the precinct registers, and no votes shall 14
1319	1319	be counted except the votes of registered voters and those 15
1320	1320	entitled to vote as provided in section 115.277 without 16
1321	1321	being registered. No votes of any person found by the court 17
1322	1322	to be unqualified to vote at the primary election shall be 18
1323	1323	counted. 19
1324	1324	2. Whenever a recount of votes [cast on paper ballots ] 20
1325	1325	is ordered pursuant to section 115.539 or 115.601, the court 21
1326	1326	shall proceed to open and count the votes and, after the 22 SB 917 40
1327	1327	count has been completed, shall tabulate by voting district 23
1328	1328	the votes cast for the contestant and the contestee. 24
1329	1329	[3. Whenever a recount of votes cast on any voting 25
1330	1330	machine is ordered pursuant to section 115.539 or 115.601, 26
1331	1331	the court shall make visible the registering counters of the 27
1332	1332	machine and, without unlocking the machine against voting, 28
1333	1333	shall record the votes cast on the machine. 29
1334	1334	4. Whenever a recount of votes cast on ballot cards is 30
1335	1335	ordered pursuant to section 115.539 or 115.601, the court 31
1336	1336	shall supervise a test of the automatic tabulating equipment 32
1337	1337	conducted in the manner provided in section 115.233 and 33
1338	1338	shall cause the votes to be recounted automatically or may 34
1339	1339	order a hand count of the votes. In its discretion, the 35
1340	1340	court may order a new computer program to be made, which 36
1341	1341	shall be tested in the manner provided in section 115.233 37
1342	1342	before the votes in question are recounted automatically. ] 38
1343	1343	115.585. 1. Whenever a recount is ordered pursuant to 1
1344	1344	section 115.583 or 115.601, the court or legislative body 2
1345	1345	trying the contest shall issue a writ to each election 3
1346	1346	authority responsible for conducting the election in any 4
1347	1347	area in which an alleged irregularity occurred, commanding 5
1348	1348	the election authority to prepare its office and all records 6
1349	1349	and materials relating to the contested elect ion for the 7
1350	1350	recount. Such writ shall be served immediately on the 8
1351	1351	election authority by the sheriff of the county. Upon 9
1352	1352	receipt of a writ, each election authority shall set a day, 10
1353	1353	not more than twenty days after receiving the writ, on which 11
1354	1354	it will have its office and all records and materials 12
1355	1355	relating to the contested election prepared. Immediately 13
1356	1356	upon setting the day, the election authority shall send by 14
1357	1357	certified or registered mail a notice to the court or 15
1358	1358	legislative body issuing the writ. The notice shall set 16 SB 917 41
1359	1359	forth the day selected by the election authority for the 17
1360	1360	recount. 18
1361	1361	2. Whenever a recount is ordered pursuant to section 19
1362	1362	115.583, the court or legislative body shall have authority 20
1363	1363	to pass upon the form and determine the legal ity of the 21
1364	1364	votes brought into question and to determine the 22
1365	1365	qualifications of any voter whose vote is brought into 23
1366	1366	question, provided that the name of a voter upon a precinct 24
1367	1367	register for the polling place shall be prima facie evidence 25
1368	1368	of the proper qualifications of the voter. A comparison may 26
1369	1369	be made between the signatures on the identification 27
1370	1370	certificates and those which appear in the precinct 28
1371	1371	registers, and no votes shall be counted except the votes of 29
1372	1372	registered voters and those entitled to vote as provided in 30
1373	1373	subsection 2 of section 115.137 and section 115.277 without 31
1374	1374	being registered. No votes of any person found by the court 32
1375	1375	to be unqualified to vote at the election shall be counted. 33
1376	1376	3. Whenever a recount of votes [cast on paper ballots] 34
1377	1377	is ordered pursuant to section 115.583 or 115.601, the court 35
1378	1378	or legislative body shall proceed to open and count the 36
1379	1379	votes and, after the count has been completed, shall 37
1380	1380	tabulate by voting district the votes cast for the 38
1381	1381	contestant and the co ntestee. 39
1382	1382	[4. Whenever a recount of votes cast on any voting 40
1383	1383	machine is ordered pursuant to section 115.583 or 115.601, 41
1384	1384	the court or legislative body shall make visible the 42
1385	1385	registering counters of the machine and, without unlocking 43
1386	1386	the machine against voting, shall record the votes cast on 44
1387	1387	the machine. 45
1388	1388	5. Whenever a recount of votes cast on ballot cards is 46
1389	1389	ordered pursuant to section 115.583 or 115.601, the court or 47
1390	1390	legislative body shall supervise a test of the automatic 48 SB 917 42
1391	1391	tabulating equipment conducted in the manner provided in 49
1392	1392	section 115.233 and shall cause the votes to be recounted 50
1393	1393	automatically, or may order a hand count of the votes. In 51
1394	1394	its discretion, the court or legislative body may order a 52
1395	1395	new computer program to be made, whi ch shall be tested in 53
1396	1396	the manner provided in section 115.233 before the votes in 54
1397	1397	question are recounted automatically. ] 55
1398	1398	115.631. The following offenses, and any others 1
1399	1399	specifically so described by law, shall be class one 2
1400	1400	election offenses and are deemed felonies connected with the 3
1401	1401	exercise of the right of suffrage. Conviction for any of 4
1402	1402	these offenses shall be punished by imprisonment of not more 5
1403	1403	than five years or by fine of not less than two thousand 6
1404	1404	five hundred dollars but n ot more than ten thousand dollars 7
1405	1405	or by both such imprisonment and fine: 8
1406	1406	(1) Willfully and falsely making any certificate, 9
1407	1407	affidavit, or statement required to be made pursuant to any 10
1408	1408	provision of this chapter, including but not limited to 11
1409	1409	statements specifically required to be made "under penalty 12
1410	1410	of perjury"; or in any other manner knowingly furnishing 13
1411	1411	false information to an election authority or election 14
1412	1412	official engaged in any lawful duty or action in such a way 15
1413	1413	as to hinder or mislead the authority or official in the 16
1414	1414	performance of official duties. If an individual willfully 17
1415	1415	and falsely makes any certificate, affidavit, or statement 18
1416	1416	required to be made under section 115.155, including but not 19
1417	1417	limited to statements specifically required to be made 20
1418	1418	"under penalty of perjury", such individual shall be guilty 21
1419	1419	of a class D felony; 22
1420	1420	(2) Voting more than once or voting at any election 23
1421	1421	knowing that the person is not entitled to vote or that the 24 SB 917 43
1422	1422	person has already voted on the same day at another location 25
1423	1423	inside or outside the state of Missouri; 26
1424	1424	(3) Procuring any person to vote knowing the person is 27
1425	1425	not lawfully entitled to vote or knowingly procuring an 28
1426	1426	illegal vote to be cast at any election; 29
1427	1427	(4) Applying for a ballot in the name of any other 30
1428	1428	person, whether the name be that of a person living or dead 31
1429	1429	or of a fictitious person, or applying for a ballot in his 32
1430	1430	or her own or any other name after having once voted at the 33
1431	1431	election inside or outside the state of Missouri; 34
1432	1432	(5) Aiding, abetting or advising another person to 35
1433	1433	vote knowing the person is not legally entitled to vote or 36
1434	1434	knowingly aiding, abetting or advising another person to 37
1435	1435	cast an illegal vote; 38
1436	1436	(6) An election judge knowingly causing or permittin g 39
1437	1437	any ballot to be in the ballot box at the opening of the 40
1438	1438	polls and before the voting commences; 41
1439	1439	(7) Knowingly furnishing any voter with a false or 42
1440	1440	fraudulent or bogus ballot, or knowingly practicing any 43
1441	1441	fraud upon a voter to induce him or her t o cast a vote which 44
1442	1442	will be rejected, or otherwise defrauding him or her of his 45
1443	1443	or her vote; 46
1444	1444	(8) An election judge knowingly placing or attempting 47
1445	1445	to place or permitting any ballot, or paper having the 48
1446	1446	semblance of a ballot, to be placed in a bal lot box at any 49
1447	1447	election unless the ballot is offered by a qualified voter 50
1448	1448	as provided by law; 51
1449	1449	(9) Knowingly placing or attempting to place or 52
1450	1450	causing to be placed any false or fraudulent or bogus ballot 53
1451	1451	in a ballot box at any election; 54
1452	1452	(10) Knowingly removing any legal ballot from a ballot 55
1453	1453	box for the purpose of changing the true and lawful count of 56 SB 917 44
1454	1454	any election or in any other manner knowingly changing the 57
1455	1455	true and lawful count of any election; 58
1456	1456	(11) Knowingly altering, defacing, da maging, 59
1457	1457	destroying or concealing any ballot after it has been voted 60
1458	1458	for the purpose of changing the lawful count of any election; 61
1459	1459	(12) Knowingly altering, defacing, damaging, 62
1460	1460	destroying or concealing any poll list, report, affidavit, 63
1461	1461	return or certificate for the purpose of changing the lawful 64
1462	1462	count of any election; 65
1463	1463	(13) On the part of any person authorized to receive, 66
1464	1464	tally or count a poll list, tally sheet or election return, 67
1465	1465	receiving, tallying or counting a poll list, tally sheet or 68
1466	1466	election return the person knows is fraudulent, forged or 69
1467	1467	counterfeit, or knowingly making an incorrect account of any 70
1468	1468	election; 71
1469	1469	(14) On the part of any person whose duty it is to 72
1470	1470	grant certificates of election, or in any manner declare the 73
1471	1471	result of an election, granting a certificate to a person 74
1472	1472	the person knows is not entitled to receive the certificate, 75
1473	1473	or declaring any election result the person knows is based 76
1474	1474	upon fraudulent, fictitious or illegal votes or returns; 77
1475	1475	(15) Willfully destroying or damaging any official 78
1476	1476	ballots, whether marked or unmarked, after the ballots have 79
1477	1477	been prepared for use at an election and during the time 80
1478	1478	they are required by law to be preserved in the custody of 81
1479	1479	the election judges or the election author ity; 82
1480	1480	(16) Willfully tampering with, disarranging, altering 83
1481	1481	the information on, defacing, impairing or destroying any 84
1482	1482	voting machine [or marking device] after the machine [or 85
1483	1483	marking device] has been prepared for use at an election and 86
1484	1484	during the time it is required by law to remain locked and 87
1485	1485	sealed with intent to impair the functioning of the machine 88 SB 917 45
1486	1486	[or marking device] at an election, mislead any voter at the 89
1487	1487	election, or to destroy or change the count or record of 90
1488	1488	votes on such machine; 91
1489	1489	(17) Registering to vote knowing the person is not 92
1490	1490	legally entitled to register or registering in the name of 93
1491	1491	another person, whether the name be that of a person living 94
1492	1492	or dead or of a fictitious person; 95
1493	1493	(18) Procuring any other person to regi ster knowing 96
1494	1494	the person is not legally entitled to register, or aiding, 97
1495	1495	abetting or advising another person to register knowing the 98
1496	1496	person is not legally entitled to register; 99
1497	1497	(19) Knowingly preparing, altering or substituting any 100
1498	1498	computer program or other counting equipment to give an 101
1499	1499	untrue or unlawful result of an election; 102
1500	1500	(20) On the part of any person assisting a blind or 103
1501	1501	disabled person to vote, knowingly failing to cast such 104
1502	1502	person's vote as such person directs; 105
1503	1503	(21) On the part of any registration or election 106
1504	1504	official, permitting any person to register to vote or to 107
1505	1505	vote when such official knows the person is not legally 108
1506	1506	entitled to register or not legally entitled to vote; 109
1507	1507	(22) On the part of a notary public acting in his or 110
1508	1508	her official capacity, knowingly violating any of the 111
1509	1509	provisions of this chapter or any provision of law 112
1510	1510	pertaining to elections; 113
1511	1511	(23) Violation of any of the provisions of sections 114
1512	1512	115.275 to 115.303, or of any provision of law pertai ning to 115
1513	1513	absentee voting; 116
1514	1514	(24) Assisting a person to vote knowing such person is 117
1515	1515	not legally entitled to such assistance, or while assisting 118
1516	1516	a person to vote who is legally entitled to such assistance, 119
1517	1517	in any manner coercing, requesting or suggest ing that the 120 SB 917 46
1518	1518	voter vote for or against, or refrain from voting on any 121
1519	1519	question, ticket or candidate; 122
1520	1520	(25) Engaging in any act of violence, destruction of 123
1521	1521	property having a value of five hundred dollars or more, or 124
1522	1522	threatening an act of violence w ith the intent of denying a 125
1523	1523	person's lawful right to vote or to participate in the 126
1524	1524	election process; and 127
1525	1525	(26) Knowingly providing false information about 128
1526	1526	election procedures for the purpose of preventing any person 129
1527	1527	from going to the polls. 130
1528	1528	115.633. The following offenses, and any others 1
1529	1529	specifically so described by law, shall be class two 2
1530	1530	election offenses and are deemed felonies not connected with 3
1531	1531	the exercise of the right of suffrage. Conviction for any 4
1532	1532	of these offenses shall be punished by imprisonment of not 5
1533	1533	more than five years or by fine of not less than two 6
1534	1534	thousand five hundred dollars but not more than ten thousand 7
1535	1535	dollars or by both such imprisonment and fine: 8
1536	1536	(1) on the day of election or before t he counting of 9
1537	1537	votes is completed, willfully concealing, breaking, or 10
1538	1538	destroying any ballot box used or intended to be used at 11
1539	1539	such election or willfully or fraudulently concealing or 12
1540	1540	removing any ballot box from the custody of the election 13
1541	1541	judges; 14
1542	1542	(2) Willfully tampering with, disarranging, defacing, 15
1543	1543	materially altering, impairing, or destroying any voting 16
1544	1544	machine [or automatic tabulating equipment ] owned or leased 17
1545	1545	by or loaned to an election authority. 18
1546	1546	115.655. 1. The election authority shall provide for 1
1547	1547	the delivery of official ballots to each qualified voter: 2
1548	1548	(1) By first class mail to the mailing address of each 3
1549	1549	voter as it appears on the registration records of the 4 SB 917 47
1550	1550	election authority on the deadline specified in subsection 1 5
1551	1551	of section 115.135 for registration. Each ballot so mailed 6
1552	1552	shall be placed by the election authority in an envelope 7
1553	1553	which is prominently marked "Do Not Forward" and mailed not 8
1554	1554	later than the tenth day prior to the election; or 9
1555	1555	(2) By delivering the ballot to the residential 10
1556	1556	address of the voter as it appears on the registration 11
1557	1557	records of the election authority on the deadline specified 12
1558	1558	in subsection 1 of section 115.135 for registration. Such 13
1559	1559	delivery shall be made by a bi -partisan team appointed by 14
1560	1560	the election authority from lists submitted under the 15
1561	1561	provisions of section 115.087. 16
1562	1562	Voters shall also be provided with a return identification 17
1563	1563	envelope, a secrecy envelope, and instructions sufficient to 18
1564	1564	describe the voting process. 19
1565	1565	2. Upon receipt of the ballot, the voter shall mark 20
1566	1566	it, place and seal the marked ballot in the secrecy envelope 21
1567	1567	supplied with the ballot, place and seal the sealed secrecy 22
1568	1568	envelope containing the marked ballot in the return 23
1569	1569	identification envelope supplied with the ballot which has 24
1570	1570	been signed by the voter and then return the marked ballot 25
1571	1571	to the election authority by either: 26
1572	1572	(1) United States mail; or 27
1573	1573	(2) Personally delivering the ballot to the office of 28
1574	1574	the election authority. 29
1575	1575	3. The election authority may provide additional sites 30
1576	1576	for return delivery of ballots. The election authority may 31
1577	1577	provide for the payment of postage on the return of ballots. 32
1578	1578	4. The return identification envelope shall be in 33
1579	1579	substantially the following form: 34 SB 917 48
1580	1580	5. If the ballot is destroyed, spoiled, lost or not 53
1581	1581	received by the voter, the voter may obtai n a replacement 54
1582	1582	ballot from the election authority as provided in this 55
1583	1583	subsection. A voter seeking a replacement ballot shall sign 56
1584	1584	a statement verified on oath or affirmation, on a form 57
1585	1585	prescribed by the election authority that the ballot was 58
1586	1586	destroyed, spoiled, lost or not received. The applicant 59
1587	1587	shall deliver the statement to the election authority before 60
1588	1588	noon on the date of the election. The applicant may mail 61
1589	1589	the statement to the election authority; but, no election 62
1590	1590	authority shall transmit a ballot by mail under this 63
1591	1591	subsection unless the application is received prior to the 64
1592	1592	close of business on the fifth day prior to the election. 65
1593	1593	When an application is timely received under this 66
1594	1594	35 PLEASE PRINT:
1595	1595	36 NAME ______
1596	1596	37
1597	1597	38
1598	1598	39
1599	1599	40
1600	1600	41
1601	1601	42
1602	1602	43
1603	1603	I declare under penalty of perjury, a felony, that
1604	1604	I am a resident and a qualified voter for this
1605	1605	election as shown on voter registration records
1606	1606	and that I have voted the enclosed ballot and am
1607	1607	returning it in compliance with sections 115.650
1608	1608	to 115.660, RSMo, and have not and will not vote
1609	1609	more than one ballot in this election.
1610	1610
1611	1611	44
1612	1612	45
1613	1613	I also understand that failure to complete the
1614	1614	information below will invalidate my ballot.
1615	1615
1616	1616	46 __________________
1617	1617	47 Signature
1618	1618	48 __________________
1619	1619	49 Residence Address
1620	1620	50 __________________
1621	1621	51
1622	1622	52
1623	1623	Mailing Address (if
1624	1624	different)
1625	1625	SB 917 49
1626	1626	subsection, the election authority shall deliver the bal lot 67
1627	1627	to the voter if the voter is present in the office of the 68
1628	1628	election authority, or promptly transmit the ballot by mail 69
1629	1629	to the voter at the address contained in the application, 70
1630	1630	except when prohibited in this subsection. The election 71
1631	1631	authority shall keep a record of each replacement ballot 72
1632	1632	provided under this subsection. 73
1633	1633	6. A ballot must be returned by mail or received in 74
1634	1634	the office of the election authority or at a site provided 75
1635	1635	for receipt of ballots by the election authority no later 76
1636	1636	than 7:00 p.m. on election day. The election authority 77
1637	1637	shall transmit all return identification envelopes to a team 78
1638	1638	or teams of judges of not less than four, with an equal 79
1639	1639	number from each major political party. The judges shall be 80
1640	1640	selected by the elec tion authority from lists submitted 81
1641	1641	under the provisions of section 115.087, and subscribe to 82
1642	1642	the oath provided in section 115.091. Upon receipt of such 83
1643	1643	envelopes the judges shall verify the signature of each 84
1644	1644	voter on the return identification envelop e with the 85
1645	1645	signature of the voter on the voter registration records. 86
1646	1646	Such verification may commence at time prior to the day of 87
1647	1647	the election. The election authority shall adopt procedures 88
1648	1648	for securing and accounting for all verified return 89
1649	1649	identification envelopes. The secrecy envelope shall not be 90
1650	1650	separated from the return identification envelope before 91
1651	1651	ballots are counted. Ballots may be counted at any time on 92
1652	1652	election day provided the results are not released before 93
1653	1653	7:00 p.m. on that day. Co unting of ballots [may] shall be 94
1654	1654	done by hand [or through the utilization of automatic 95
1655	1655	tabulating equipment ] and shall be governed by the 96
1656	1656	applicable sections of this chapter. 97 SB 917 50
1657	1657	[115.227. All provisions of law not 1
1658	1658	inconsistent with sections 115.225 to 115.235 2
1659	1659	shall apply with full force and effect to 3
1660	1660	elections in each jurisdiction using an 4
1661	1661	electronic voting system. ] 5
1662	1662	[115.229. 1. An electronic voting system 1
1663	1663	may be used at any primary election if it has 2
1664	1664	been approved by the secretary of state, 3
1665	1665	complies with the provisions of section 115.225, 4
1666	1666	and if the automatic tabulating equipment will 5
1667	1667	reject each vote on which a voter has voted for 6
1668	1668	candidates of more than one party. 7
1669	1669	2. An electronic voting system ma y be used 8
1670	1670	at any other election if it has been approved by 9
1671	1671	the secretary of state and complies with the 10
1672	1672	provisions of section 115.225. ] 11
1673	1673	[115.233. Within fourteen days prior to an 1
1674	1674	election at which an electronic voting system is 2
1675	1675	to be used, the election authority shall have 3
1676	1676	the automatic tabulating equipment tested to 4
1677	1677	ascertain that the equipment is in compliance 5
1678	1678	with the law and that it will correctly count 6
1679	1679	the votes cast for all offices and on all 7
1680	1680	questions. At least forty-eight hours prior to 8
1681	1681	the test, notice of the time and place of the 9
1682	1682	test shall be mailed to each independent and new 10
1683	1683	party candidate and the chairman of the county 11
1684	1684	committee of each established political party 12
1685	1685	named on the ballot. The test shall be obse rved 13
1686	1686	by at least two persons designated by the 14
1687	1687	election authority, one from each major 15
1688	1688	political party, and shall be open to 16
1689	1689	representatives of the political parties, 17
1690	1690	candidates, the news media and the public. The 18
1691	1691	test shall be conducted by processi ng a 19
1692	1692	preaudited group of ballots. If any error is 20
1693	1693	detected, the cause shall be ascertained and 21
1694	1694	corrected, and an errorless count shall be made 22
1695	1695	before the tabulating equipment is approved. ] 23
1696	1696	[115.235. In jurisdictions where 1
1697	1697	electronic voting systems are used, the election 2
1698	1698	authority shall cause the marking devices to be 3
1699	1699	put in order, set, adjusted and made ready for 4
1700	1700	voting, before they are delivered to polling 5
1701	1701	places on election day. ] 6
1702	1702	[115.249. No voting machine shall be used 1
1703	1703	unless it: 2
1704	1704	(1) Permits voting in absolute secrecy; 3
1705	1705	(2) Permits each voter to vote for as many 4
1706	1706	candidates for each office as he is lawfully 5
1707	1707	entitled to vote for, and no other; 6
1708	1708	(3) Permits each voter to vote for or 7
1709	1709	against as many questions as he is lawfully 8
1710	1710	entitled to vote on, and no more; 9 SB 917 51
1711	1711	(4) Provides facilities for each voter to 10
1712	1712	cast as many write-in votes for each office as 11
1713	1713	he is lawfully entitled to cast; 12
1714	1714	(5) Permits each voter in a primary 13
1715	1715	election to vote for the candidates of only one 14
1716	1716	party announced by the voter in advance; 15
1717	1717	(6) Correctly registers or records and 16
1718	1718	accurately counts all votes cast for each 17
1719	1719	candidate and for and against each question; 18
1720	1720	(7) Is provided with a lock or lock s which 19
1721	1721	prevent any movement of the voting or 20
1722	1722	registering mechanism and any tampering with the 21
1723	1723	mechanism; 22
1724	1724	(8) Is provided with a protective counter 23
1725	1725	or other device whereby any operation of the 24
1726	1726	machine before or after an election will be 25
1727	1727	detected; 26
1728	1728	(9) Is provided with a counter which shows 27
1729	1729	at all times during the election how many people 28
1730	1730	have voted on the machine; 29
1731	1731	(10) Is provided with a proper light which 30
1732	1732	enables each voter, while voting, to clearly see 31
1733	1733	the ballot labels.] 32
1734	1734	[115.255. The use of separate paper 1
1735	1735	ballots for questions and candidates in polling 2
1736	1736	places shall not be prohibited where electronic 3
1737	1737	voting machines are used.] 4
1738	1738	[115.257. 1. In jurisdictions where 1
1739	1739	electronic voting machines are used, the 2
1740	1740	election authority shall cause the voting 3
1741	1741	machines to be put in order, set, adjusted and 4
1742	1742	made ready for voting before they are delivered 5
1743	1743	to polling places. 6
1744	1744	2. At least five days before preparing 7
1745	1745	electronic voting machin es for any election, 8
1746	1746	notice of the time and place of such preparation 9
1747	1747	shall be mailed to each independent candidate 10
1748	1748	and the chairman of the county committee of each 11
1749	1749	established political party named on the 12
1750	1750	ballot. The preparation shall be watched by two 13
1751	1751	observers designated by the election authority, 14
1752	1752	one from each major political party, and shall 15
1753	1753	be open to representatives of the political 16
1754	1754	parties, candidates, the news media and the 17
1755	1755	public. 18
1756	1756	3. When an electronic voting machine has 19
1757	1757	been examined by such observers and shown to be 20
1758	1758	in good working order, the machine shall be 21
1759	1759	locked against voting. The observers shall 22
1760	1760	certify the vote count on each machine is set at 23
1761	1761	zero. 24
1762	1762	4. After an electronic voting machine has 25
1763	1763	been properly prepar ed and locked, its keys 26
1764	1764	shall be retained by the election authority and 27
1765	1765	delivered to the election judges along with the 28
1766	1766	other election supplies. 29 SB 917 52
1767	1767	5. For the purpose of processing absentee 30
1768	1768	ballots, cast by voters in person in the office 31
1769	1769	of the election authority that is deemed 32
1770	1770	designated as a polling place, the election 33
1771	1771	authority may cause voting machines, if used, to 34
1772	1772	be put in order, set, adjusted, tested, and made 35
1773	1773	ready for voting within one business day of the 36
1774	1774	printing of absentee ballots a s provided in 37
1775	1775	section 115.281. The election authority shall 38
1776	1776	have the recording counter except for the 39
1777	1777	protective counter on the voting machine set to 40
1778	1778	zero (000). After the voting machines have been 41
1779	1779	made ready for voting, the election authority 42
1780	1780	shall not permit any person to handle any voting 43
1781	1781	machine, except voters while they are voting and 44
1782	1782	others expressly authorized by the election 45
1783	1783	authority. The election authority shall neither 46
1784	1784	be nor permit any other person to be in any 47
1785	1785	position or near any position that enables the 48
1786	1786	authority or person to see how any absentee 49
1787	1787	voter votes or has voted. 50
1788	1788	6. Nothing in this section shall prohibit 51
1789	1789	the on-site storage of electronic voting 52
1790	1790	machines and the preparation of the electronic 53
1791	1791	machines for voting, provided the electronic 54
1792	1792	voting machines are put in order, set, adjusted 55
1793	1793	and made ready for voting as provided in 56
1794	1794	subsections 1, 2, 3, 4, and 5 of this section. ] 57
1795	1795	[115.259. At each polling place using 1
1796	1796	voting machines, the exterior of the voting 2
1797	1797	machines shall be in plain view of the election 3
1798	1798	judges. The election judges shall not be nor 4
1799	1799	permit any other person to be in any position, 5
1800	1800	or near any position, that enables them to see 6
1801	1801	how any voter votes or has voted. The election 7
1802	1802	judges may inspect any machine as necessary to 8
1803	1803	make sure the ballot label is in its proper 9
1804	1804	place and that the machine has not been damaged. ] 10
1805	1805	[115.261. During an election, no door, 1
1806	1806	compartment, or lock shall be unlocked or 2
1807	1807	opened, except by direction of the election 3
1808	1808	authority, and then only for good and sufficient 4
1809	1809	reason. If the door, compartment, or lock on 5
1810	1810	any machine is opened by the election authority 6
1811	1811	or his representative, the reason for such 7
1812	1812	opening shall be stated in writ ing, signed by 8
1813	1813	the election authority or his representative and 9
1814	1814	attached to one statement of returns. ] 10
1815	1815	[115.263. After the opening of the polls, 1
1816	1816	the election judges shall not permit any person 2
1817	1817	to handle any electronic voting machine , except 3
1818	1818	voters while they are voting and others 4
1819	1819	expressly authorized by the election authority 5
1820	1820	or state law.] 6 SB 917 53
1821	1821	[115.265. If any electronic voting machine 1
1822	1822	at a polling place becomes inoperative, the 2
1823	1823	election judges shall immediately notify the 3
1824	1824	election authority. If possible, the election 4
1825	1825	authority shall repair or replace the machine. 5
1826	1826	If an electronic voting machine is replaced with 6
1827	1827	another machine, the votes on both machines 7
1828	1828	shall be recorded at the close of the polls and 8
1829	1829	shall be added together in determining the 9
1830	1830	results of the election. If the inoperative 10
1831	1831	machine cannot be repaired, and no other machine 11
1832	1832	is available for use, paper ballots made as 12
1833	1833	nearly as practicable to the official ballot may 13
1834	1834	be used. At the close of the polls, the votes 14
1835	1835	on paper ballots and the votes on the electronic 15
1836	1836	voting machines shall be recorded and shall be 16
1837	1837	added together in determining the results of the 17
1838	1838	election. All paper ballots used pursuant to 18
1839	1839	this section shall be used in accord ance with 19
1840	1840	the laws affecting paper ballots and shall be 20
1841	1841	returned to the election authority as paper 21
1842	1842	ballots are returned with a statement describing 22
1843	1843	how and why the paper ballots were voted. ] 23
1844	1844	[115.267. Any election authority may 1
1845	1845	adopt, experiment with or abandon any electronic 2
1846	1846	voting system approved for use in the state, or 3
1847	1847	may lease one or more electronic voting machines 4
1848	1848	or other equipment, either with or without 5
1849	1849	option to purchase, and may use any authorized 6
1850	1850	electronic voting equipment at any polling place 7
1851	1851	in its jurisdiction. ] 8
1852	1852	[115.269. For the purpose of giving 1
1853	1853	instructions on their use, any election 2
1854	1854	authority may designate suitable times and 3
1855	1855	places for the exhibition and demonstration of 4
1856	1856	its electronic voting machines. During such 5
1857	1857	instructions, the electronic voting machines may 6
1858	1858	contain sample ballot labels which show the 7
1859	1859	names of offices and fictitious candidates. No 8
1860	1860	electronic voting machine shall be used for 9
1861	1861	instruction after it has been pr epared for use 10
1862	1862	at an election, unless it is prepared again 11
1863	1863	prior to the election. ] 12
1864	1864	[115.271. 1. While its electronic voting 1
1865	1865	machines are not in use, the election authority 2
1866	1866	may permit civic or educational organizations to 3
1867	1867	use the machines for the purpose of giving 4
1868	1868	instructions on their use. 5
1869	1869	2. Any election authority may rent its 6
1870	1870	electronic voting machines to any other group 7
1871	1871	for use in its elections. 8
1872	1872	3. At the discretion of the election 9
1873	1873	authority, the machines may be transported at 10
1874	1874	the expense of the organizations using them. 11
1875	1875	The president or secretary of each organization 12 SB 917 54
1876	1876	using such machines shall sign a receipt 13
1877	1877	therefor and shall agree in writing that the 14
1878	1878	organization assumes liability for any damage or 15
1879	1879	loss occurring to the machines up to the time 16
1880	1880	they are returned to the election authority and 17
1881	1881	will return the machines by a designated time. ] 18
1882	1882	[115.273. All provisions of law not 1
1883	1883	inconsistent with the provisions of sections 2
1884	1884	115.249 to 115.271 shall apply with full force 3
1885	1885	and effect to elections in jurisdictions using 4
1886	1886	electronic voting machines. ] 5
1887	1887	[115.467. 1. As soon as the polls close 1
1888	1888	in each polling place using an electronic voting 2
1889	1889	system, the election judges shall secure the 3
1890	1890	marking devices against further voting and begin 4
1891	1891	to count the write-in votes. If earlier 5
1892	1892	counting of write-in votes is begun pursuant to 6
1893	1893	section 115.469, the election judges shall 7
1894	1894	complete the count in the manner provided in 8
1895	1895	this section. Once begun, the count shall not 9
1896	1896	be adjourned or postponed until all proper write - 10
1897	1897	in votes in the ballot box have been counted. 11
1898	1898	2. The election judges shall remove the 12
1899	1899	ballot cards from the ballot box and separate 13
1900	1900	the ballots with write -in votes from those 14
1901	1901	without write-in votes. If there is a separate 15
1902	1902	form for write-in votes, all forms on which 16
1903	1903	write-in votes have been recorded shall be 17
1904	1904	consecutively numbered, starting with the number 18
1905	1905	one, and the same number shall be placed on the 19
1906	1906	ballot card of the voter. Where tallying of 20
1907	1907	write-in votes is to be done at the polling 21
1908	1908	place, the election judges shall compare the 22
1909	1909	write-in votes with the votes cast on the ballot 23
1910	1910	card. If the total number of votes including 24
1911	1911	write-in votes for any offic e exceeds the number 25
1912	1912	allowed by law, or if a voter has voted more 26
1913	1913	than once for the same person for the same 27
1914	1914	office at the same election, a notation of the 28
1915	1915	fact shall be noted on the back of the ballot 29
1916	1916	card, and it shall be returned with the write -in 30
1917	1917	form, if any, to the counting location in an 31
1918	1918	envelope marked "DEFECTIVE BALLOTS". 32
1919	1919	3. All proper write-in votes shall be 33
1920	1920	read, recorded and counted as provided in 34
1921	1921	sections 115.449 and 115.453. No write-in vote 35
1922	1922	shall be counted for any candidate for any 36
1923	1923	office whose name appears on the ballot label as 37
1924	1924	a candidate for the office, except when more 38
1925	1925	than one person is to be nominated or elected to 39
1926	1926	an office. When more than one person is to be 40
1927	1927	nominated or elected to an office, the voter may 41
1928	1928	write in the names of one or more persons whose 42
1929	1929	names do not appear on the ballot label with or 43
1930	1930	without the names of one or more persons whose 44
1931	1931	names do appear. 45 SB 917 55
1932	1932	4. If any ballot card is damaged so that 46
1933	1933	it cannot properly be counted by the automatic 47
1934	1934	tabulating equipment, the fact shall be noted on 48
1935	1935	the back of the ballot card and it shall be 49
1936	1936	returned to the counting location in the 50
1937	1937	envelope marked "DEFECTIVE BALLOTS". ] 51
1938	1938	[115.469. 1. If authorized by the 1
1939	1939	election authority, the e lection judges at any 2
1940	1940	polling place using an electronic voting system 3
1941	1941	may read and record write -in votes before the 4
1942	1942	close of the polls and may send other voted 5
1943	1943	ballots to the counting place. If so 6
1944	1944	authorized, the election judges shall use one 7
1945	1945	ballot box for the deposit of ballots during the 8
1946	1946	first five hours of voting. Between eleven 9
1947	1947	o'clock in the morning and twelve noon, the 10
1948	1948	receiving judges shall deliver the ballot box to 11
1949	1949	the counting and recording judges, who shall 12
1950	1950	give the receiving judges a second empty ballot 13
1951	1951	box. The second ballot box shall be shown to be 14
1952	1952	empty and locked in the manner provided in 15
1953	1953	section 115.423. The second ballot box shall 16
1954	1954	not be opened or removed from public view from 17
1955	1955	the time it is shown to be empty until the t ime 18
1956	1956	the polls close. The ballot box containing the 19
1957	1957	voted ballots shall be taken to a private area 20
1958	1958	within the polling place, and the write -in votes 21
1959	1959	shall be read and recorded in the manner 22
1960	1960	provided in section 115.467. 23
1961	1961	2. If early counting of wri te-in votes is 24
1962	1962	begun pursuant to this section, the election 25
1963	1963	judges shall, after counting and recording all 26
1964	1964	proper write-in votes, separate all ballot 27
1965	1965	cards, except defective ballot cards, from the 28
1966	1966	write-in forms if any. The ballots which do not 29
1967	1967	have write-in votes shall then be sent to the 30
1968	1968	counting place in the same manner as ballots are 31
1969	1969	sent upon the close of the polls. The election 32
1970	1970	judges shall enclose the ballot cards, the 33
1971	1971	envelope marked "DEFECTIVE BALLOTS", and all 34
1972	1972	write-in forms containing proper votes, in a 35
1973	1973	container designated by the election authority. 36
1974	1974	The container shall be securely sealed in such a 37
1975	1975	manner that if the container is opened, the seal 38
1976	1976	will be broken beyond repair. On the outside of 39
1977	1977	the container, the location of the polling place 40
1978	1978	and the date of the election shall be printed. 41
1979	1979	After sealing, the container shall be closely 42
1980	1980	watched by the election judges until it is 43
1981	1981	delivered to the counting location. 44
1982	1982	3. If early counting of write -in votes is 45
1983	1983	begun pursuant to this section, the election 46
1984	1984	authority shall appoint a team of employees or 47
1985	1985	election judges who shall, between the hours of 48
1986	1986	eleven o'clock in the morning and three o'clock 49
1987	1987	in the afternoon, receive the ballot container 50 SB 917 56
1988	1988	from the election judges at the polling place 51
1989	1989	and immediately deliver it to the counting 52
1990	1990	location. Each team appointed pursuant to this 53
1991	1991	subsection shall consist of two members, one 54
1992	1992	from each major political party. If any ballot 55
1993	1993	container is not sealed when it is delivered to 56
1994	1994	the counting location, the election official 57
1995	1995	receiving the container shall make a statement 58
1996	1996	of the fact which includes the location of the 59
1997	1997	polling place and the date of the election 60
1998	1998	printed on the container and the reason the 61
1999	1999	container is not sealed, if known. 62
2000	2000	4. After delivery to the counting 63
2001	2001	location, any ballot which is damaged and cannot 64
2002	2002	be properly counted by the automatic tabulating 65
2003	2003	equipment may be handcounted or duplicated in 66
2004	2004	the manner provided in subsection 3 of section 67
2005	2005	115.477. 68
2006	2006	5. After delivery to the counting 69
2007	2007	location, the proper votes on each ballot card 70
2008	2008	may be transferred to magnetic tapes. Under no 71
2009	2009	circumstances shall any such tape be read or 72
2010	2010	interpreted until after the time fixed by law 73
2011	2011	for the close of the polls and then only in the 74
2012	2012	manner provided in section 115.477. 75
2013	2013	6. Write-in ballots may also be counted as 76
2014	2014	provided in section 115.451. ] 77
2015	2015	[115.471. At each polling place using an 1
2016	2016	electronic voting system, after the polling 2
2017	2017	place is closed, the election judges shall 3
2018	2018	(1) Certify in the tally book: the number 4
2019	2019	of ballots cast by reconciling the ballot stubs 5
2020	2020	against the number of identification 6
2021	2021	certificates signed; the number of defective and 7
2022	2022	spoiled ballots; the number of ballots w ith 8
2023	2023	write-in votes; and the number of ballots 9
2024	2024	received at the polling place which were not 10
2025	2025	cast at the election. If the number of signed 11
2026	2026	identification certificates is not the same as 12
2027	2027	the number of ballots cast, the judges shall 13
2028	2028	make a signed statem ent of the fact and the 14
2029	2029	reasons therefor, if known, and shall return the 15
2030	2030	statement with the statements of returns; 16
2031	2031	(2) Where tallying of write -in votes is to 17
2032	2032	be done at the polling place, certify on two 18
2033	2033	statements of returns the number of write -in 19
2034	2034	votes received by each candidate. No returns 20
2035	2035	shall be signed in blank or before the polls 21
2036	2036	have closed and all proper write -in votes cast 22
2037	2037	at the polling place have been counted; 23
2038	2038	(3) Certify that each statement made in 24
2039	2039	the tally book and on eac h statement of returns 25
2040	2040	is correct. If any judge declines to certify 26
2041	2041	that all such statements are correct, he shall 27
2042	2042	state his reasons in writing, which shall be 28
2043	2043	attached to each statement of returns and 29 SB 917 57
2044	2044	returned with the statement to the election 30
2045	2045	authority.] 31
2046	2046	[115.473. 1. The tally book for each 1
2047	2047	polling place using an electronic voting system 2
2048	2048	shall be in substantially the following form: 3
2049	2049	[2. Where tallying of write -in votes is to 40
2050	2050	be done at the polling place, at each polling 41
2051	2051	place using an electronic voting system, two 42
2052	2052	tally sheets shall be included in each tally 43
2053	2053	4
2054	2054	5
2055	2055	6
2056	2056	7
2057	2057	8
2058	2058	9
2059	2059	10
2060	2060	Tally book for ______ precincts, at the general
2061	2061	(special, primary) election held on the ______
2062	2062	day of ______, 20______ AB, CD, EF, and XP
2063	2063	judges; and ZR and LT, watchers; and BH and SP,
2064	2064	challengers, at this polling place, were sworn
2065	2065	as the law directs befo re beginning their
2066	2066	duties.
2067	2067
2068	2068	11 We hereby certify:
2069	2069	12
2070	2070	13
2071	2071	The number of ballots received at this
2072	2072	polling place is ______;
2073	2073
2074	2074	14
2075	2075	15
2076	2076	16
2077	2077	17
2078	2078	The information on the ballot cards and
2079	2079	ballot labels received at this polling place
2080	2080	is the same as the information on the sample
2081	2081	ballots received at this polling place.
2082	2082
2083	2083	18 AB
2084	2084	19 CD Election Judges
2085	2085	20 EF
2086	2086	21 XP
2087	2087	22 We hereby certify:
2088	2088	23
2089	2089	24
2090	2090	The number of ballots cast at this polling
2091	2091	place is ______;
2092	2092
2093	2093	25
2094	2094	26
2095	2095	The number of identification certificates
2096	2096	signed at this polling place is ______;
2097	2097
2098	2098	27
2099	2099	28
2100	2100	The number of defective ballots at this
2101	2101	polling place is ______;
2102	2102
2103	2103	29
2104	2104	30
2105	2105	The number of spoiled ballots at this polling
2106	2106	place is ______;
2107	2107
2108	2108	31
2109	2109	32
2110	2110	The number of voters casting proper write -in
2111	2111	votes at this polling place is ______;
2112	2112
2113	2113	33
2114	2114	34
2115	2115	35
2116	2116	The number of ballots received at this
2117	2117	polling place which were not cast at this
2118	2118	election is ______;
2119	2119
2120	2120	36 AB
2121	2121	37 CD Election Judges
2122	2122	38 EF
2123	2123	39 XP ]
2124	2124	SB 917 58
2125	2125	book. The tally sheets shall be used to record 44
2126	2126	the proper write-in votes and shall be in 45
2127	2127	substantially the same form provided in 46
2128	2128	subsection 2 of section 115.461. 47
2129	2129	3. Where tallying of write -in votes is to 48
2130	2130	be done at the polling place, at each polling 49
2131	2131	place using an electronic voting system, two 50
2132	2132	statements of returns shall be provided to the 51
2133	2133	election judges. The statements of returns 52
2134	2134	shall be in substantially the following form: 53
2135	2135	[115.475. 1. As soon as possible after 1
2136	2136	signing the statements of returns, the election 2
2137	2137	judges shall seal and enclose the ballots, 3
2138	2138	electronic voting machine memory cards, write -in 4
2139	2139	forms containing no votes, the u nused ballots 5
2140	2140	and other election supplies in containers 6
2141	2141	designated by the election authority. 7
2142	2142	2. Immediately after the election 8
2143	2143	materials have been placed in the proper 9
2144	2144	containers, the two supervisory judges shall 10
2145	2145	together deliver the containers to the counting 11
2146	2146	location or other place designated by the 12
2147	2147	election authority. If any container is not 13
2148	2148	sealed when it is delivered to the counting 14
2149	2149	location or other place designated by the 15
2150	2150	election authority, the election official 16
2151	2151	receiving the container shall make a statement 17
2152	2152	of the fact which includes the location of the 18
2153	2153	polling place and the date of the election 19
2154	2154	printed on the container and the reason the 20
2155	2155	container is not sealed, if known. 21
2156	2156	3. If the election authority has directed 22
2157	2157	the supervisory judges to deliver election 23
2158	2158	materials to a place other than the counting 24
2159	2159	54
2160	2160	55
2161	2161	56
2162	2162	57
2163	2163	58
2164	2164	59
2165	2165	60
2166	2166	61
2167	2167	62
2168	2168	63
2169	2169	64
2170	2170	65
2171	2171	66
2172	2172	We hereby certify that BK had ______ write -
2173	2173	in votes for governor, and SF had ______
2174	2174	write-in votes for governo r, that JH had
2175	2175	______ write-in votes for representative in
2176	2176	Congress, etc. We, the duly qualified and
2177	2177	acting judges of the polling place for
2178	2178	______ precincts, at the general (special,
2179	2179	primary) election held on the ______ day of
2180	2180	______, 20______, in ______ C ounty (City of
2181	2181	St. Louis, Kansas City), Missouri, do
2182	2182	hereby certify that the foregoing is a full
2183	2183	and accurate return of all write -in votes
2184	2184	cast at this polling place for all
2185	2185	candidates.
2186	2186
2187	2187	67 AB
2188	2188	68 CD Election Judges
2189	2189	69 EF
2190	2190	70 XP ]
2191	2191	SB 917 59
2192	2192	location, the election authority shall appoint 25
2193	2193	at least one team of election judges who shall 26
2194	2194	receive the containers from the supervisory 27
2195	2195	judges and immediately deliver them to the 28
2196	2196	counting location. Each team appointed pursuant 29
2197	2197	to this subsection shall consist of two election 30
2198	2198	judges or employees of the election authority, 31
2199	2199	one from each major political party. ] 32
2200	2200	[115.477. 1. In each jurisdiction u sing 1
2201	2201	an electronic voting system, all proceedings at 2
2202	2202	the counting location shall be under the 3
2203	2203	direction of the election authority. The 4
2204	2204	election authority shall appoint two judges, one 5
2205	2205	from each major political party, to be present 6
2206	2206	and observe the count. The counting shall be 7
2207	2207	open to the public, but no persons, except those 8
2208	2208	employed and authorized for the purpose, shall 9
2209	2209	touch any ballot, ballot container or return. 10
2210	2210	2. The automatic tabulating equipment 11
2211	2211	shall produce a return showing the tot al number 12
2212	2212	of votes cast for each candidate and on each 13
2213	2213	question at each polling place and in the 14
2214	2214	jurisdiction as a whole. 15
2215	2215	3. If any ballot is damaged and cannot be 16
2216	2216	properly counted by the automatic tabulating 17
2217	2217	equipment, it may be handcounted in the manner 18
2218	2218	provided for absentee ballots, or a true 19
2219	2219	duplicate copy may be made of the defective 20
2220	2220	ballot. If any ballot contains a number of 21
2221	2221	votes and write-in votes for any office which 22
2222	2222	exceeds the number allowed by law, it may be 23
2223	2223	handcounted in the manner provided for absentee 24
2224	2224	ballots, a true duplicate copy be made which 25
2225	2225	does not include the invalid votes or, at the 26
2226	2226	discretion of the election judges, a self - 27
2227	2227	adhesive removable label, sensitized, may be 28
2228	2228	placed over any mark to allow the ballot to be 29
2229	2229	processed through the automatic tabulating 30
2230	2230	equipment. The duplication of each ballot shall 31
2231	2231	be closely observed by two election judges or 32
2232	2232	employees of the election authority, one from 33
2233	2233	each major political party. Each duplicate 34
2234	2234	ballot shall be clearly labeled "duplicate", 35
2235	2235	shall bear a serial number which shall be 36
2236	2236	recorded on the defective ballot, and shall be 37
2237	2237	counted in lieu of the defective ballot. ] 38
2238	2238	[115.479. In each jurisdiction using an 1
2239	2239	electronic voting system, the elect ion authority 2
2240	2240	shall, after the count has been completed and 3
2241	2241	the results received, have the automatic 4
2242	2242	tabulating equipment tested to ascertain that 5
2243	2243	the equipment has correctly counted the votes 6
2244	2244	for all offices and on all questions. The test 7
2245	2245	shall be observed by at least two persons 8
2246	2246	designated by the election authority, one from 9
2247	2247	each major political party, and shall be open to 10 SB 917 60
2248	2248	the public. The test shall be conducted by 11
2249	2249	processing the same preaudited group of ballots 12
2250	2250	used in the preelection test p rovided for in 13
2251	2251	section 115.233. If any error is detected, the 14
2252	2252	cause shall be ascertained and corrected, and an 15
2253	2253	errorless count shall be made before the final 16
2254	2254	results are announced. After the completion of 17
2255	2255	an errorless count, the programs and the bal lots 18
2256	2256	shall be sealed, retained and disposed of as 19
2257	2257	provided for paper ballots. ] 20
2258	2258	[115.481. The final and correct return 1
2259	2259	printed by the automatic tabulating equipment 2
2260	2260	added to the write-in, absentee and handcounted 3
2261	2261	votes shall be the official return of each 4
2262	2262	polling place and the jurisdiction. ] 5
2263	2263	[115.483. 1. As soon as the polls close 1
2264	2264	in each polling place using electronic voting 2
2265	2265	machines, the election judges shall secure each 3
2266	2266	voting machine against further votin g and 4
2267	2267	proceed to count the votes. Once begun, the 5
2268	2268	count shall not be adjourned or postponed until 6
2269	2269	all proper votes have been counted. 7
2270	2270	2. The election judges shall open the 8
2271	2271	counting compartment on each voting machine or, 9
2272	2272	if a machine is equipped with a device for 10
2273	2273	printing, embossing or photographing the 11
2274	2274	registering counters, the judges shall operate 12
2275	2275	the machine to produce a record of the 13
2276	2276	counters. One counting judge shall read the 14
2277	2277	total vote cast for each candidate and for and 15
2278	2278	against each question on each machine. The 16
2279	2279	other counting judge shall watch and verify each 17
2280	2280	total as it is being read from the recording 18
2281	2281	counters or from the record of the counters. 19
2282	2282	The two recording judges shall each record the 20
2283	2283	votes cast for each candidate an d for and 21
2284	2284	against each question as they are called out and 22
2285	2285	verified by the counting judges. 23
2286	2286	3. All proper write-in votes shall be 24
2287	2287	read, recorded and counted as provided in 25
2288	2288	sections 115.449 and 115.453. No write-in vote 26
2289	2289	shall be counted for any candidate for any 27
2290	2290	office whose name appears on the ballot label as 28
2291	2291	a candidate for the office, except when more 29
2292	2292	than one person is to be nominated or elected to 30
2293	2293	an office. When more than one person is to be 31
2294	2294	nominated or elected to an office, the vote r may 32
2295	2295	write in the names of one or more persons whose 33
2296	2296	names do not appear on the ballot label with or 34
2297	2297	without the names of one or more persons whose 35
2298	2298	names do appear. No write-in vote shall be 36
2299	2299	counted unless it is cast in the appropriate 37
2300	2300	place on the machine. 38
2301	2301	4. If more than one voting machine is used 39
2302	2302	in a polling place, the election judges shall 40
2303	2303	read, verify and record all the totals from the 41 SB 917 61
2304	2304	first machine before proceeding to the second, 42
2305	2305	and so on, until all of the totals on each 43
2306	2306	machine in the polling place have been read, 44
2307	2307	verified and recorded. The total number of 45
2308	2308	votes from each machine shall be added to the 46
2309	2309	write-in votes to determine the total vote for 47
2310	2310	each candidate and for and against each 48
2311	2311	question.] 49
2312	2312	[115.495. 1. After being secured against 1
2313	2313	further voting by the election judges, 2
2314	2314	electronic voting machines shall remain secured 3
2315	2315	for the period provided by law for filing an 4
2316	2316	election contest and as much longer as may be 5
2317	2317	necessary or advisable because of any threatened 6
2318	2318	or pending contest, grand jury investigation, or 7
2319	2319	civil or criminal case relating to the 8
2320	2320	election. During this time, the electronic 9
2321	2321	voting machines shall not be unsecured, except 10
2322	2322	upon order of a court, grand jury or legislative 11
2323	2323	body trying an election contest. 12
2324	2324	2. Notwithstanding the provisions of 13
2325	2325	subsection 1 of this section to the contrary, 14
2326	2326	when an election is required by law to be held 15
2327	2327	after an election during any period of time 16
2328	2328	described in subsection 1 of this section, the 17
2329	2329	data of the electronic voting machine relating 18
2330	2330	to the initial election shall be removed and 19
2331	2331	secured and such machine shall be made available 20
2332	2332	for use in the subsequent election. ] 21
2333	2333	[115.503. 1. As soon as possible after an 1
2334	2334	election in which electronic voting machines are 2
2335	2335	used, the verification board, or a bipartisan 3
2336	2336	committee appointed by the verification board, 4
2337	2337	shall inspect each secured electronic voting 5
2338	2338	machine and record the votes cast on the 6
2339	2339	machine. In precincts where electr onic voting 7
2340	2340	machines equipped with printed election returns 8
2341	2341	mechanisms are used, the counter compartment 9
2342	2342	shall not be opened and the original and 10
2343	2343	duplicate originals of the printed return sheets 11
2344	2344	of the votes cast on questions and for 12
2345	2345	candidates regularly nominated, or who have duly 13
2346	2346	filed, together with the tabulation and 14
2347	2347	inclusion of any votes written in on the paper 15
2348	2348	roll for those not regularly nominated, or who 16
2349	2349	have not filed, shall constitute the official 17
2350	2350	return sheet for the votes cast on tha t machine, 18
2351	2351	when properly certified by the precinct election 19
2352	2352	officers. One copy of such printed return sheet 20
2353	2353	shall be returned to the election authority and 21
2354	2354	retained by it for not less than one year. Any 22
2355	2355	bipartisan committee appointed pursuant to thi s 23
2356	2356	subsection shall consist of at least two people, 24
2357	2357	one from each major political party, who shall 25
2358	2358	be appointed in the same manner and possess the 26
2359	2359	same qualifications as election judges. 27 SB 917 62
2360	2360	2. After the verification board or 28
2361	2361	committee has completed its inspection and 29
2362	2362	record, it shall compare the record with the 30
2363	2363	returns made by the election judges on election 31
2364	2364	day. If there is a discrepancy between the 32
2365	2365	returns of the election judges and the record of 33
2366	2366	the verification board or committee, the 34
2367	2367	verification board shall correct the returns 35
2368	2368	made by the judges to conform to its record. 36
2369	2369	The corrected returns shall supersede the 37
2370	2370	returns made by the election judges on election 38
2371	2371	day. Both the record and the returns shall be 39
2372	2372	retained by the election au thority as provided 40
2373	2373	in section 115.493.] 41
2374	2374	Section B. Section A of this act shall become 1
2375	2375	effective on January 1, 2025. 2
2376	2376	