Missouri 2024 Regular Session

Missouri Senate Bill SB926 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. 926
6	6	102ND GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR CRAWFORD.
8	8	3274S.02I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 115.125, 115.127, 115.277, 115.284, 115.430, and 115.637, RSMo, and to enact
11	11	in lieu thereof seven new sections relating to elections, with penalty provisions and an
12	12	effective date.
13	13
14	14	Be it enacted by the General Assembly of the State of Missouri, as follows:
15	15	Section A. Sections 115.125, 115.127, 115.277, 115.284, 1
16	16	115.430, and 115.637, RSMo, are repealed and seven new sections 2
17	17	enacted in lieu thereof, to be known as sections 115.125, 3
18	18	115.127, 115.277, 115.284, 115.430, 115.637, and 115.638, to 4
19	19	read as follows:5
20	20	115.125. 1. Not later than 5:00 p.m. on the tenth 1
21	21	Tuesday prior to any election , except a special election to 2
22	22	decide an election contest, tie vote or an election to elect 3
23	23	seven members to serve on a school board of a district 4
24	24	pursuant to section 162.241, or a delay in notification 5
25	25	pursuant to subsection 3 of this section, or purs uant to the 6
26	26	provisions of section 115.399, the officer or agency calling 7
27	27	the election shall notify the election authorities 8
28	28	responsible for conducting the election. The notice shall 9
29	29	be in writing, shall specify the name of the officer or 10
30	30	agency calling the election and shall include a certified 11
31	31	copy of the legal notice to be published pursuant to 12
32	32	subsection 2 of section 115.127. The notice and any other 13
33	33	information required by this section may, with the prior 14
34	34	notification to the election authorit y receiving the notice, 15 SB 926 2
35	35	be accepted by email or facsimile transmission prior to 5:00 16
36	36	p.m. on the tenth Tuesday prior to the election, provided 17
37	37	that the original copy of the notice and a certified copy of 18
38	38	the legal notice to be published shall be receiv ed in the 19
39	39	office of the election authority within three business days 20
40	40	from the date of the facsimile transmission. 21
41	41	2. In lieu of a certified copy of the legal notice to 22
42	42	be published pursuant to subsection 2 of section 115.127, 23
43	43	each notice of a special election to fill a vacancy shall 24
44	44	include the name of the office to be filled, the date of the 25
45	45	election and the date by which candidates must be selected 26
46	46	or filed for the office. Not later than the sixth Tuesday 27
47	47	prior to any special election to f ill a vacancy called by a 28
48	48	political subdivision or special district, the officer or 29
49	49	agency calling the election shall certify a sample ballot to 30
50	50	the election authorities responsible for conducting the 31
51	51	election. 32
52	52	3. Except as provided for in sectio ns 115.247 and 33
53	53	115.359, if there is no additional cost for the printing or 34
54	54	reprinting of ballots or if the political subdivision or 35
55	55	special district calling for the election agrees to pay any 36
56	56	printing or reprinting costs, a political subdivision or 37
57	57	special district may, at any time after certification of the 38
58	58	notice of election required in subsection 1 of this section, 39
59	59	but no later than 5:00 p.m. on the eighth Tuesday before the 40
60	60	election, be permitted to make late notification to the 41
61	61	election authority pursuant to court order, which, except 42
62	62	for good cause shown by the election authority in opposition 43
63	63	thereto, shall be freely given upon application by the 44
64	64	political subdivision or special district to the circuit 45
65	65	court of the area of such subdivisio n or district. No court 46
66	66	shall have the authority to order an individual or issue be 47 SB 926 3
67	67	placed on the ballot less than eight weeks before the date 48
68	68	of the election. 49
69	69	115.127. 1. Except as provided in subsection 4 of 1
70	70	this section, upon r eceipt of notice of a special election 2
71	71	to fill a vacancy submitted pursuant to subsection 2 of 3
72	72	section 115.125, the election authority shall cause legal 4
73	73	notice of the special election to be published in a 5
74	74	newspaper of general circulation in its jurisdi ction. The 6
75	75	notice shall include the name of the officer or agency 7
76	76	calling the election, the date and time of the election, the 8
77	77	name of the office to be filled and the date by which 9
78	78	candidates must be selected or filed for the office. Within 10
79	79	one week prior to each special election to fill a vacancy 11
80	80	held in its jurisdiction, the election authority shall cause 12
81	81	legal notice of the election to be published in two 13
82	82	newspapers of different political faith and general 14
83	83	circulation in the jurisdiction. The legal notice shall 15
84	84	include the date and time of the election, the name of the 16
85	85	officer or agency calling the election and a sample ballot. 17
86	86	If there is only one newspaper of general circulation in the 18
87	87	jurisdiction, the notice shall be published in the newspaper 19
88	88	within one week prior to the election. If there are two or 20
89	89	more newspapers of general circulation in the jurisdiction, 21
90	90	but no two of opposite political faith, the notice shall be 22
91	91	published in any two of the newspapers within one week prior 23
92	92	to the election. 24
93	93	2. Except as provided in subsections 1 and 4 of this 25
94	94	section and in sections 115.521, 115.549 and 115.593, the 26
95	95	election authority shall cause legal notice of each election 27
96	96	held in its jurisdiction to be published. The notice shall 28
97	97	be published in two newspapers of different political faith 29
98	98	and qualified pursuant to chapter 493 which are published 30 SB 926 4
99	99	within the bounds of the area holding the election. If 31
100	100	there is only one so -qualified newspaper, then notice shall 32
101	101	be published in only one newspaper. If there is no 33
102	102	newspaper published within the bounds of the election area, 34
103	103	then the notice shall be published in two qualified 35
104	104	newspapers of different political faith serving the area. 36
105	105	Notice shall be published twice, the first p ublication 37
106	106	occurring in the second week prior to the election, and the 38
107	107	second publication occurring within one week prior to the 39
108	108	election. Each such legal notice shall include the date and 40
109	109	time of the election, the name of the officer or agency 41
110	110	calling the election and a sample ballot; and, unless notice 42
111	111	has been given as provided by section 115.129, the second 43
112	112	publication of notice of the election shall include the 44
113	113	location of polling places. The election authority may 45
114	114	provide any additional not ice of the election it deems 46
115	115	desirable. 47
116	116	3. The election authority shall print the official 48
117	117	ballot as the same appears on the sample ballot, and no 49
118	118	candidate's name or ballot issue which appears on the sample 50
119	119	ballot or official printed ballot shal l be stricken or 51
120	120	removed from the ballot except on death of a candidate or by 52
121	121	court order, but in no event shall a candidate or issue be 53
122	122	stricken or removed from the ballot less than eight weeks 54
123	123	before the date of the election. 55
124	124	4. In lieu of causing legal notice to be published in 56
125	125	accordance with any of the provisions of this chapter, the 57
126	126	election authority in jurisdictions which have less than 58
127	127	seven hundred fifty registered voters and in which no 59
128	128	newspaper qualified pursuant to chapter 493 is published, 60
129	129	may cause legal notice to be mailed during the second week 61
130	130	prior to the election, by first class mail, to each 62 SB 926 5
131	131	registered voter at the voter's voting address. All such 63
132	132	legal notices shall include the date and time of the 64
133	133	election, the location of the polling place, the name of the 65
134	134	officer or agency calling the election and a sample ballot. 66
135	135	5. If the opening date for filing a declaration of 67
136	136	candidacy for any office in a political subdivision or 68
137	137	special district is not required by l aw or charter, the 69
138	138	opening filing date shall be 8:00 a.m., the [seventeenth] 70
139	139	sixteenth Tuesday prior to the election. If the closing 71
140	140	date for filing a declaration of candidacy for any office in 72
141	141	a political subdivision or special district is not requir ed 73
142	142	by law or charter, the closing filing date shall be 5:00 74
143	143	p.m., the [fourteenth] thirteenth Tuesday prior to the 75
144	144	election, or if the thirteenth Tuesday prior to the election 76
145	145	is a state or federal holiday, the closing filing date shall 77
146	146	be 5:00 p.m. on the next day that is not a state or federal 78
147	147	holiday. The political subdivision or special district 79
148	148	calling an election shall, before the [seventeenth] 80
149	149	sixteenth Tuesday, prior to any election at which offices 81
150	150	are to be filled, notify the general pub lic of the opening 82
151	151	filing date, the office or offices to be filled, the proper 83
152	152	place for filing and the closing filing date of the 84
153	153	election. Such notification may be accomplished by legal 85
154	154	notice published in at least one newspaper of general 86
155	155	circulation in the political subdivision or special district. 87
156	156	6. Except as provided for in sections 115.247 and 88
157	157	115.359, if there is no additional cost for the printing or 89
158	158	reprinting of ballots or if the candidate agrees to pay any 90
159	159	printing or reprinting costs, a candidate who has filed for 91
160	160	an office or who has been duly nominated for an office may, 92
161	161	at any time after the certification of the notice of 93
162	162	election required in subsection 1 of section 115.125 but no 94 SB 926 6
163	163	later than 5:00 p.m. on the eighth Tuesday before the 95
164	164	election, withdraw as a candidate pursuant to a court order, 96
165	165	which, except for good cause shown by the election authority 97
166	166	in opposition thereto, shall be freely given upon 98
167	167	application by the candidate to the circuit court of the 99
168	168	area of such candidate's residence. 100
169	169	115.277. 1. A registered voter of this state may cast 1
170	170	an absentee ballot in person at a location designated by the 2
171	171	election authority for all candidates and issues for which 3
172	172	such voter is eligible to vote a t the polling place if such 4
173	173	voter expects to be prevented from going to the polls to 5
174	174	vote on election day due to one of the reasons listed in 6
175	175	subsection 3 of this section. A registered voter casting a 7
176	176	ballot under the provisions of this subsection sha ll provide 8
177	177	a form of personal photo identification that is consistent 9
178	178	with subsection 1 of section 115.427. Beginning on the 10
179	179	second Tuesday prior to an election, a reason listed under 11
180	180	subsection 3 of this section shall not be required, provided 12
181	181	that, the provisions of section 1.140 to the contrary 13
182	182	notwithstanding, this sentence and section 115.427 shall be 14
183	183	nonseverable, and if any provision of section 115.427 is for 15
184	184	any reason held to be invalid, such decision shall 16
185	185	invalidate this sentence. 17
186	186	2. Except as provided in subsections 4, 5, and 6 of 18
187	187	this section, a registered voter of this state may cast an 19
188	188	absentee ballot not in person at a location designated by 20
189	189	the election authority for all candidates and issues for 21
190	190	which such voter would be eligible to vote at the polling 22
191	191	place if such voter expects to be prevented from going to 23
192	192	the polls to vote on election day due to one of the reasons 24
193	193	listed in subsection 3 of this section. An absentee ballot 25
194	194	that is not requested and completed in pe rson at the office 26 SB 926 7
195	195	of the election authority with a form of personal photo 27
196	196	identification that is consistent with subsection 1 of 28
197	197	section 115.427 shall have the statement on the ballot 29
198	198	envelope notarized as required under section 115.283, except 30
199	199	that absentee ballots requested under subdivisions (2) and 31
200	200	(5) of subsection 3 of this section shall not require 32
201	201	notarization. This subsection shall apply only in the case 33
202	202	of absentee ballots that are not cast in person. 34
203	203	3. A voter may request an abse ntee ballot for any of 35
204	204	the following reasons: 36
205	205	(1) Absence on election day from the jurisdiction of 37
206	206	the election authority in which such voter is registered to 38
207	207	vote; 39
208	208	(2) Incapacity or confinement due to illness or 40
209	209	physical disability on elec tion day, including a person who 41
210	210	is primarily responsible for the physical care of a person 42
211	211	who is incapacitated or confined due to illness or 43
212	212	disability and resides at the same address; 44
213	213	(3) Religious belief or practice; 45
214	214	(4) Employment as: 46
215	215	(a) An election authority, as a member of an election 47
216	216	authority, or by an election authority at a location other 48
217	217	than such voter's polling place; 49
218	218	(b) A first responder; 50
219	219	(c) A health care worker; or 51
220	220	(d) A member of law enforcement; 52
221	221	(5) Incarceration, provided all qualifications for 53
222	222	voting are retained; 54
223	223	(6) Certified participation in the address 55
224	224	confidentiality program established under sections 589.660 56
225	225	to 589.681 because of safety concerns. 57 SB 926 8
226	226	4. Any covered voter who is eligible to register and 58
227	227	vote in this state may vote in any election for federal 59
228	228	office, statewide office, state legislative office, or 60
229	229	statewide ballot initiatives by submitting a federal 61
230	230	postcard application to apply to vote by absentee ballot or 62
231	231	by submitting a federal postcard application at the [polling 63
232	232	place] office of the election authority on election day, 64
233	233	even though the person is not registered. A federal 65
234	234	postcard application submitted by a covered voter pursuant 66
235	235	to this subsection shall also serve as a voter registration 67
236	236	application under section 115.908 and the election authority 68
237	237	shall, if satisfied that the applicant is entitled to 69
238	238	register, place the voter's name on the voter registration 70
239	239	file. Each covered voter may vote b y absentee ballot or, 71
240	240	upon submitting an affidavit that the person is qualified to 72
241	241	vote in the election, may vote at the person's polling place. 73
242	242	5. Any interstate former resident may vote by absentee 74
243	243	ballot or at the office of the election authori ty on 75
244	244	election day for presidential and vice presidential electors. 76
245	245	6. Any new resident may vote by absentee ballot or at 77
246	246	the office of the election authority on election day for 78
247	247	presidential and vice presidential electors after 79
248	248	registering to vote in such resident's new jurisdiction of 80
249	249	residence. 81
250	250	115.284. 1. There is hereby established an absentee 1
251	251	voting process to assist persons with permanent disabilities 2
252	252	in the exercise of their voting rights. 3
253	253	2. The local election authority shall send an 4
254	254	application to participate in the absentee voting process 5
255	255	set out in this section to any registered voter residing 6
256	256	within the election authority's jurisdiction upon request. 7 SB 926 9
257	257	3. Upon receipt of a properly completed applica tion, 8
258	258	the election authority shall enter the voter's name on a 9
259	259	list of voters qualified to participate as absentee voters 10
260	260	pursuant to this section. 11
261	261	4. The application to participate in the absentee 12
262	262	voting process shall be in substantially the fol lowing form: 13
263	263	5. Not earlier than ten weeks before an election but 30
264	264	prior to the fourth Tuesday prior to an election, the 31
265	265	election authority shall deliver to each voter qualified to 32
266	266	participate as absentee voters p ursuant to this section an 33
267	267	absentee ballot application if the voter is eligible to vote 34
268	268	in that election. If the voter returns the absentee request 35
269	269	application to the election authority not later than 5:00 36
270	270	p.m. on the second Wednesday before an electi on and has 37
271	271	retained the necessary qualifications to vote, the election 38
272	272	14 State of _________
273	273	15 County (City) of _________
274	274	16
275	275	17
276	276	18
277	277	19
278	278	20
279	279	21
280	280	22
281	281	23
282	282	24
283	283	I, _________ (print applicant's name), declare
284	284	that I am a resident and registered voter of
285	285	_________ County, Missouri, and am permanently
286	286	disabled. I hereby request that my name be placed
287	287	on the election authority's list of voters
288	288	qualified to participate as absentee voters
289	289	pursuant to section 115.284, and that I be
290	290	delivered an absentee ballot application for each
291	291	election in which I am eligible to vote.
292	292
293	293	25 __________________
294	294	26 Signature of Voter
295	295	27 _________
296	296	28 _________
297	297	29 Voter's Address SB 926 10
298	298	authority shall provide the voter with an absentee ballot 39
299	299	pursuant to this chapter. 40
300	300	6. The election authority shall remove from the list 41
301	301	of voters qualified to participate as absentee voters 42
302	302	pursuant to this section any voter who: 43
303	303	(1) Asks to be removed from the list; 44
304	304	(2) Dies; 45
305	305	(3) Becomes disqualified from voting pursuant to this 46
306	306	chapter; or 47
307	307	(4) No longer resides at the address of his or her 48
308	308	voter registration. 49
309	309	7. All lists of applications under this section shall 50
310	310	be kept confidential. Such lists of applications shall not 51
311	311	be posted or displayed in an area open to the general 52
312	312	public, nor shall such lists of applications be shown to any 53
313	313	unauthorized person. 54
314	314	115.430. 1. This section shall apply to [primary and 1
315	315	general elections where candidates for federal or statewide 2
316	316	offices are nominated or elected and any election where 3
317	317	statewide issue or issues are submitted to th e voters] any 4
318	318	public election. 5
319	319	2. (1) A voter claiming to be properly registered in 6
320	320	the jurisdiction of the election authority and eligible to 7
321	321	vote in an election, but whose eligibility at that precinct 8
322	322	cannot be immediately established upon exa mination of the 9
323	323	precinct register, shall be entitled to vote a provisional 10
324	324	ballot after providing a form of personal identification 11
325	325	required pursuant to section 115.427 or upon executing an 12
326	326	affidavit under section 115.427, or may vote at a central 13
327	327	polling place as established in section 115.115 where the 14
328	328	voter may vote his or her appropriate ballot for his or her 15
329	329	precinct of residence upon verification of eligibility or 16 SB 926 11
330	330	vote a provisional ballot if eligibility cannot be 17
331	331	determined. The provisional ballot provided to a voter 18
332	332	under this section shall be the ballot provided to a 19
333	333	resident of the voter's precinct determined by reference to 20
334	334	the affidavit provided for in this section. If the voter 21
335	335	declares that the voter is eligible to vote and the e lection 22
336	336	authority determines that the voter is eligible to vote at 23
337	337	another polling place, the voter shall be directed to the 24
338	338	correct polling place or a central polling place as 25
339	339	established by the election authority pursuant to subsection 26
340	340	5 of section 115.115. If the voter refuses to go to the 27
341	341	correct polling place or a central polling place, the voter 28
342	342	shall be permitted to vote a provisional ballot at the 29
343	343	incorrect polling place, but such ballot shall not be 30
344	344	counted if the voter was not eligible t o vote at that 31
345	345	polling place. 32
346	346	(2) The following steps shall be taken to establish a 33
347	347	voter's eligibility to vote at a polling place: 34
348	348	(a) The election judge shall examine the precinct 35
349	349	register as provided in section 115.425. If the voter is 36
350	350	registered and eligible to vote at the polling place, the 37
351	351	voter shall receive a regular ballot; 38
352	352	(b) If the voter's eligibility cannot be immediately 39
353	353	established by examining the precinct register, the election 40
354	354	judge shall contact the election auth ority. If the election 41
355	355	authority cannot immediately establish that the voter is 42
356	356	registered and eligible to vote at the polling place upon 43
357	357	examination of the Missouri voter registration system, or if 44
358	358	the election judge is unable to make contact with th e 45
359	359	election authority immediately, the voter shall be notified 46
360	360	that the voter is entitled to a provisional ballot. 47 SB 926 12
361	361	(3) The voter shall have the duty to appear and vote 48
362	362	at the correct polling place. If an election judge 49
363	363	determines that the voter i s not eligible to vote at the 50
364	364	polling place at which a voter presents himself or herself, 51
365	365	and if the voter appears to be eligible to vote at another 52
366	366	polling place, the voter shall be informed that he or she 53
367	367	may cast a provisional ballot at the current polling place 54
368	368	or may travel to the correct polling place or a central 55
369	369	polling place, as established by the election authority 56
370	370	under subsection 5 of section 115.115, where the voter may 57
371	371	cast a regular ballot or provisional ballot if the voter's 58
372	372	eligibility still cannot be determined. Provisional ballots 59
373	373	cast at a polling place shall be counted only if the voter 60
374	374	was eligible to vote at such polling place as provided in 61
375	375	subsection 5 of this section. 62
376	376	(4) For a voter requesting an absentee ballot in 63
377	377	person, such voter shall be entitled to cast a provisional 64
378	378	ballot when the voter's eligibility cannot be immediately 65
379	379	established upon examination of the precinct registers or 66
380	380	the Missouri voter registration system. 67
381	381	(5) Prior to accepting any p rovisional ballot at the 68
382	382	polling place, the election judges shall determine that the 69
383	383	information provided on the provisional ballot envelope by 70
384	384	the provisional voter is consistent with the identification 71
385	385	provided by such person under section 115.427. 72
386	386	3. (1) No person shall be entitled to receive a 73
387	387	provisional ballot until such person has completed a 74
388	388	provisional ballot affidavit on the provisional ballot 75
389	389	envelope. 76
390	390	(2) The secretary of state shall produce appropriate 77
391	391	sizes of provisional ballot envelopes and distribute them to 78
392	392	each election authority according to their tabulating 79 SB 926 13
393	393	system. All provisional ballot envelopes shall be printed 80
394	394	on a distinguishable color of paper that is different from 81
395	395	the color of the regular ballot. The provisional ballot 82
396	396	envelope shall be in the form required by subsection 4 of 83
397	397	this section. All provisional ballots shall be marked with 84
398	398	a conspicuous stamp or other distinguishing mark that makes 85
399	399	them readily distinguishable from the regular ballots. 86
400	400	(3) Once voted, the provisional ballot shall be placed 87
401	401	and sealed in a provisional ballot envelope. 88
402	402	4. The provisional ballot in its envelope shall be 89
403	403	deposited in the ballot box. The provisional ballot 90
404	404	envelope shall be completed by the vote r for use in 91
405	405	determining eligibility. The provisional ballot envelope 92
406	406	specified in this section shall contain a voter's 93
407	407	certificate which shall be in substantially the following 94
408	408	form: 95
409	409	96 STATE OF ______
410	410	97 COUNTY OF ______
411	411	98
412	412	99
413	413	100
414	414	101
415	415	102
416	416	103
417	417	104
418	418	105
419	419	106
420	420	I do solemnly swear (or affirm) that my name is
421	421	______; that my date of birth is ______; that the
422	422	last four digits of my Social Security Number are
423	423	______; that I am registered to vote in ______
424	424	County or City (if a City not within a County),
425	425	Missouri; that I am a qualified voter of said
426	426	County (or City not within a County); that I am
427	427	eligible to vote at this polling place; and that I
428	428	have not voted in this election.
429	429
430	430	107
431	431	108
432	432	109
433	433	110
434	434	111
435	435	112
436	436	113
437	437	I understand that if the above -provided
438	438	information is not correct and the election
439	439	authority determines that I am not registered and
440	440	eligible to vote, my vote will not be counted. I
441	441	further understand that knowingly providing false
442	442	information is a viol ation of law and subjects me
443	443	to possible criminal prosecution.
444	444	SB 926 14
445	445	The voter may provide additional information to further 122
446	446	assist the election authority in determining eligibility, 123
447	447	including the place and date the voter registered to vote, 124
448	448	if known. 125
449	449	5. (1) Prior to counting any provisional ballot, the 126
450	450	election authority shall determine if the voter is 127
451	451	registered and eligible to vote and if the vote was properly 128
452	452	cast. The eligibility of provisional votes shall be 129
453	453	determined according to the requirements for a voter to cast 130
454	454	a ballot in the election as set forth in sections 115.133 131
455	455	and 115.135. A provisional voter ballot shall not be 132
456	456	eligible to be counted until the election authority has 133
457	457	determined that: 134
458	458	(a) The voter cast such provisional ballot at a 135
459	459	polling place established for the voter or the central 136
460	460	polling place established by the election authority under 137
461	461	subsection 5 of section 115.115; 138
462	462	(b) The individual who cast the provisional ballot is 139
463	463	an individual registered to vote in the respective election 140
464	464	at the polling place where the ballot was cast; 141
465	465	114 __________________
466	466	115 (Signature of Voter)
467	467	116 __________________
468	468	117 (Current Address)
469	469	118
470	470	119
471	471	Subscribed and affirmed before me this ______ day
472	472	of ______, 20______
473	473
474	474	120 __________________
475	475	121 (Signature of Election Official) SB 926 15
476	476	(c) The voter did not otherwise vote in the same 142
477	477	election by regular ballot, absentee ballot, or otherwise; 143
478	478	and 144
479	479	(d) The information on the provisional ballot envelope 145
480	480	is found to be correct, complete, and accurate. 146
481	481	(2) When the ballot boxes are delivered to the 147
482	482	election authority from the polling places, the receiving 148
483	483	teams shall separate the provisional ballots from the rest 149
484	484	of the ballots and place the sealed provisional ballot 150
485	485	envelopes in a separate container. Teams of election 151
486	486	authority employees or teams of election judges with each 152
487	487	team consisting of one member of each major political party 153
488	488	shall photocopy each provisional ballot envelope, such 154
489	489	photocopy to be used by the election authority to determine 155
490	490	provisional voter eligibility. The sealed provisional 156
491	491	ballot envelopes shall be placed by t he team in a sealed 157
492	492	container and shall remain therein until tabulation. 158
493	493	(3) To determine whether a provisional ballot is valid 159
494	494	and entitled to be counted, the election authority shall 160
495	495	examine its records and verify that the provisional voter is 161
496	496	properly registered and eligible to vote in the election. 162
497	497	If the provisional voter has provided information regarding 163
498	498	the registration agency where the provisional voter 164
499	499	registered to vote, the election authority shall make an 165
500	500	inquiry of the registrat ion agency to determine whether the 166
501	501	provisional voter is properly registered and eligible to 167
502	502	vote in the election. 168
503	503	(4) If the election authority determines that the 169
504	504	provisional voter is registered and eligible to vote in the 170
505	505	election, the electio n authority shall provide documentation 171
506	506	verifying the voter's eligibility. Such documentation shall 172 SB 926 16
507	507	be noted on the copy of the provisional ballot envelope and 173
508	508	shall contain substantially the following information: 174
509	509	(a) The name of the provisional voter; 175
510	510	(b) The name of the reviewer; 176
511	511	(c) The date and time; and 177
512	512	(d) A description of evidence found that supports the 178
513	513	voter's eligibility. 179
514	514	(5) The local election authority shall record on a 180
515	515	provisional ballot acceptance/rejection list the provisional 181
516	516	ballot identification number and a notation marking it as 182
517	517	accepted. 183
518	518	(6) If the election authority determines that the 184
519	519	provisional voter is not registered or eligible to vote in 185
520	520	the election, the election authority shall prov ide 186
521	521	documentation verifying the voter's ineligibility. Such 187
522	522	documentation shall be noted on the copy of the provisional 188
523	523	ballot envelope and shall contain substantially the 189
524	524	following information: 190
525	525	(a) The name of the provisional voter; 191
526	526	(b) The name of the reviewer; 192
527	527	(c) The date and time; 193
528	528	(d) A description of why the voter is ineligible. 194
529	529	(7) The local election authority shall record on a 195
530	530	provisional ballot acceptance/rejection list the provisional 196
531	531	ballot identification numb er and notation marking it as 197
532	532	rejected. 198
533	533	(8) If rejected, a photocopy of the envelope shall be 199
534	534	made and used by the election authority as a mail -in voter 200
535	535	registration. The actual provisional ballot envelope shall 201
536	536	be kept as ballot material, and t he copy of the envelope 202
537	537	shall be used by the election authority for registration 203
538	538	record keeping. 204 SB 926 17
539	539	6. All provisional ballots cast by voters whose 205
540	540	eligibility has been verified as provided in this section 206
541	541	shall be counted in accordance with the rul es governing 207
542	542	ballot tabulation. Provisional ballots shall not be counted 208
543	543	until all provisional ballots are determined either eligible 209
544	544	or ineligible and all provisional ballots must be processed 210
545	545	before the election is certified. The provisional ballot 211
546	546	shall be counted only if the election authority determines 212
547	547	that the voter is registered and eligible to vote. 213
548	548	Provisional ballots voted in the wrong polling place shall 214
549	549	not be counted. If the voter is not registered but is 215
550	550	qualified to register for future elections, the affidavit 216
551	551	shall be considered a mail -in application to register to 217
552	552	vote pursuant to this chapter. 218
553	553	7. (1) After the election authority completes its 219
554	554	review of the provisional voter's eligibility under 220
555	555	subsection 5 of this s ection, the election authority shall 221
556	556	deliver the provisional ballots and copies of the 222
557	557	provisional ballot envelopes that include eligibility 223
558	558	information to bipartisan counting teams, which may be the 224
559	559	board of verification, for review and tabulation. The 225
560	560	election authority shall maintain a record of such 226
561	561	delivery. The record shall include the number of ballots 227
562	562	delivered to each team and shall include a signed receipt 228
563	563	from two judges, one from each major political party. The 229
564	564	election authority sha ll provide each team with a ballot box 230
565	565	and material necessary for tabulation. 231
566	566	(2) If the person named on the provisional ballot 232
567	567	affidavit is found to have been properly qualified and 233
568	568	registered to cast a ballot in the election and the 234
569	569	provisional ballot otherwise qualifies to be counted under 235
570	570	the provisions of this section, the envelope shall be 236 SB 926 18
571	571	opened, and the ballot shall be placed in a ballot box to be 237
572	572	counted. 238
573	573	(3) If the person named on the provisional ballot 239
574	574	affidavit is found not t o have been properly qualified and 240
575	575	registered to cast a ballot in the election or if the 241
576	576	election authority is unable to determine such person's 242
577	577	right to vote, the envelope containing the provisional 243
578	578	ballot shall not be opened, and the person's vote sh all not 244
579	579	be counted. The members of the team shall follow the 245
580	580	procedures set forth in subsection 5 of this section for 246
581	581	rejected provisional ballots. 247
582	582	(4) The votes shall be tallied and the returns made as 248
583	583	provided in sections 115.447 to 115.525 fo r paper ballots. 249
584	584	After the vote on all ballots assigned to a team have been 250
585	585	counted, the ballots, ballot envelopes, and copies of ballot 251
586	586	envelopes with the eligibility information provided by the 252
587	587	election authority shall be enclosed in sealed container s 253
588	588	marked "Voted provisional ballots and ballot envelopes from 254
589	589	the election held ______, 20______". All rejected 255
590	590	provisional ballots, ballot envelopes, and copies of ballot 256
591	591	envelopes with the eligibility information provided by the 257
592	592	election authority shall be enclosed in sealed containers 258
593	593	marked "Rejected provisional ballots and ballot envelopes 259
594	594	from the election held ______, 20______". On the outside of 260
595	595	each voted ballot and rejected ballot container, each member 261
596	596	of the team shall write their nam e and all such containers 262
597	597	shall be returned to the election authority. Upon receipt 263
598	598	of the returns and ballots, the election authority shall 264
599	599	tabulate the provisional votes. 265
600	600	8. Challengers and watchers, as provided by sections 266
601	601	115.105 and 115.107, may be present during all times that 267
602	602	the bipartisan counting teams are reviewing or counting the 268 SB 926 19
603	603	provisional ballots, the provisional ballot envelopes, or 269
604	604	copies of the provisional ballot envelopes that include 270
605	605	eligibility information provided by the election authority. 271
606	606	Challengers and watchers shall be permitted to observe the 272
607	607	determination of the eligibility of all provisional 273
608	608	ballots. The election authority shall notify the county 274
609	609	chair of each major political party of the time and location 275
610	610	when bipartisan counting teams will be reviewing or counting 276
611	611	the provisional ballots, the provisional ballot envelopes, 277
612	612	or the copies of the provisional ballot envelopes that 278
613	613	include the eligibility information provided by the election 279
614	614	authority. 280
615	615	9. The certificate of ballot cards shall: 281
616	616	(1) Reflect the number of provisional envelopes 282
617	617	delivered; and 283
618	618	(2) Reflect the number of sealed provisional envelopes 284
619	619	with voted ballots deposited in the ballot box. 285
620	620	10. In counties where the v oting system does not 286
621	621	utilize a paper ballot, the election authority shall provide 287
622	622	the appropriate provisional ballots to each polling place. 288
623	623	11. The secretary of state may promulgate rules for 289
624	624	purposes of ensuring the uniform application of this 290
625	625	section. No rule or portion of a rule promulgated pursuant 291
626	626	to the authority of this section shall become effective 292
627	627	unless it has been promulgated pursuant to chapter 536. 293
628	628	12. The secretary of state shall design and provide to 294
629	629	the election authorities the envelopes and forms necessary 295
630	630	to carry out the provisions of this section. 296
631	631	13. Pursuant to the Help America Vote Act of 2002, the 297
632	632	secretary of state shall ensure a free access system is 298
633	633	established, such as a toll -free number or an inter net 299
634	634	website, that any individual who casts a provisional ballot 300 SB 926 20
635	635	may access to discover whether the vote of that individual 301
636	636	was counted, and, if the vote was not counted, the reason 302
637	637	that the vote was not counted. At the time an individual 303
638	638	casts a provisional ballot, the election authority shall 304
639	639	give the voter written information that states that any 305
640	640	individual who casts a provisional ballot will be able to 306
641	641	ascertain under such free access system whether the vote was 307
642	642	counted, and if the vote was not counted, the reason that 308
643	643	the vote was not counted. 309
644	644	14. In accordance with the Help America Vote Act of 310
645	645	2002, any individual who votes in an election as a result of 311
646	646	a court order or any other order extending the time 312
647	647	established for closing the p olls in section 115.407 may 313
648	648	vote only by using a provisional ballot, and such 314
649	649	provisional ballot shall be separated and held apart from 315
650	650	other provisional ballots cast by those not affected by the 316
651	651	order. Such ballots shall not be counted until such tim e as 317
652	652	the ballots are determined to be valid. No state court 318
653	653	shall have jurisdiction to extend the polling hours 319
654	654	established by law, including section 115.407. 320
655	655	115.637. The following offenses, and any others 1
656	656	specifically so descri bed by law, shall be class four 2
657	657	election offenses and are deemed misdemeanors not connected 3
658	658	with the exercise of the right of suffrage. Conviction for 4
659	659	any of these offenses shall be punished by imprisonment of 5
660	660	not more than one year or by a fine of no t more than two 6
661	661	thousand five hundred dollars or by both such imprisonment 7
662	662	and fine: 8
663	663	(1) Stealing or willfully concealing, defacing, 9
664	664	mutilating, or destroying any sample ballots that may be 10
665	665	furnished by an organization or individual at or near an y 11
666	666	voting place on election day, except that this subdivision 12 SB 926 21
667	667	shall not be construed so as to interfere with the right of 13
668	668	an individual voter to erase or cause to be erased on a 14
669	669	sample ballot the name of any candidate and substituting the 15
670	670	name of the person for whom he or she intends to vote; or to 16
671	671	dispose of the received sample ballot; 17
672	672	(2) Printing, circulating, or causing to be printed or 18
673	673	circulated, any false and fraudulent sample ballots which 19
674	674	appear on their face to be designed as a fraud upon voters; 20
675	675	(3) Purposefully giving a printed or written sample 21
676	676	ballot to any qualified voter which is intended to mislead 22
677	677	the voter; 23
678	678	(4) On the part of any candidate for election to any 24
679	679	office of honor, trust, or profit, offering or promis ing to 25
680	680	discharge the duties of such office for a less sum than the 26
681	681	salary, fees, or emoluments as fixed by law or promising to 27
682	682	pay back or donate to any public or private interest any 28
683	683	portion of such salary, fees, or emolument as an inducement 29
684	684	to voters; 30
685	685	(5) On the part of any canvasser appointed to canvass 31
686	686	any registration list, willfully failing to appear, refusing 32
687	687	to continue, or abandoning such canvass or willfully 33
688	688	neglecting to perform his duties in making such canvass or 34
689	689	willfully neglecting any duties lawfully assigned to him or 35
690	690	her; 36
691	691	(6) On the part of any employer, making, enforcing, or 37
692	692	attempting to enforce any order, rule, or regulation or 38
693	693	adopting any other device or method to prevent an employee 39
694	694	from engaging in political activities, accepting candidacy 40
695	695	for nomination to, election to, or the holding of, political 41
696	696	office, holding a position as a member of a political 42
697	697	committee, soliciting or receiving funds for political 43
698	698	purpose, acting as chairman or participating in a political 44 SB 926 22
699	699	convention, assuming the conduct of any political campaign, 45
700	700	signing, or subscribing his or her name to any initiative, 46
701	701	referendum, or recall petition, or any other petition 47
702	702	circulated pursuant to law; 48
703	703	(7) On the part of any person auth orized or employed 49
704	704	to print official ballots, or any person employed in 50
705	705	printing ballots, giving, delivering, or knowingly 51
706	706	permitting to be taken any ballot to or by any person other 52
707	707	than the official under whose direction the ballots are 53
708	708	being printed, any ballot in any form other than that 54
709	709	prescribed by law, or with unauthorized names, with names 55
710	710	misspelled, or with the names of candidates arranged in any 56
711	711	way other than that authorized by law; 57
712	712	(8) On the part of any election authority or off icial 58
713	713	charged by law with the duty of distributing the printed 59
714	714	ballots, or any person acting on his or her behalf, 60
715	715	knowingly distributing or causing to be distributed any 61
716	716	ballot in any manner other than that prescribed by law; 62
717	717	(9) Any person having in his or her possession any 63
718	718	official ballot, except in the performance of his or her 64
719	719	duty as an election authority or official, or in the act of 65
720	720	exercising his or her individual voting privilege; 66
721	721	(10) Willfully mutilating, defacing, or alterin g any 67
722	722	ballot before it is delivered to a voter; 68
723	723	(11) On the part of any election judge, being 69
724	724	willfully absent from the polls on election day without good 70
725	725	cause or willfully detaining any election material or 71
726	726	equipment and not causing it to be pr oduced at the voting 72
727	727	place at the opening of the polls or within fifteen minutes 73
728	728	thereafter; 74
729	729	(12) On the part of any election authority or 75
730	730	official, willfully neglecting, refusing, or omitting to 76 SB 926 23
731	731	perform any duty required of him or her by law wit h respect 77
732	732	to holding and conducting an election, receiving and 78
733	733	counting out the ballots, or making proper returns; 79
734	734	(13) On the part of any election judge, or party 80
735	735	watcher or challenger, furnishing any information tending in 81
736	736	any way to show the s tate of the count to any other person 82
737	737	prior to the closing of the polls; 83
738	738	(14) On the part of any voter, except as otherwise 84
739	739	provided by law, allowing his or her ballot to be seen by 85
740	740	any person with the intent of letting it be known how he or 86
741	741	she is about to vote or has voted, or knowingly making a 87
742	742	false statement as to his or her inability to mark a ballot; 88
743	743	(15) On the part of any election judge, disclosing to 89
744	744	any person the name of any candidate for whom a voter has 90
745	745	voted; 91
746	746	(16) Interfering, or attempting to interfere, with any 92
747	747	voter inside a polling place; 93
748	748	(17) On the part of any person at any registration 94
749	749	site, polling place, counting location or verification 95
750	750	location, causing any breach of the peace or engaging in 96
751	751	disorderly conduct, violence, or threats of violence whereby 97
752	752	such registration, election, count or verification is 98
753	753	impeded or interfered with; 99
754	754	(18) Exit polling, surveying, sampling, 100
755	755	electioneering, distributing election literature, posting 101
756	756	signs or placing vehicles bearing signs with respect to any 102
757	757	candidate or question to be voted on at an election [on 103
758	758	election day] inside the building in which a polling place 104
759	759	is located on election day or during the absentee voting 105
760	760	period or within twenty-five feet of the building's outer 106
761	761	door closest to the polling place on election day or during 107
762	762	the absentee voting period , or, on the part of any person, 108 SB 926 24
763	763	refusing to remove or permit removal from property owned or 109
764	764	controlled by such person, any such election s ign or 110
765	765	literature located within such distance on such day after 111
766	766	request for removal by any person; 112
767	767	(19) Stealing or willfully defacing, mutilating, or 113
768	768	destroying any campaign yard sign on private property, 114
769	769	except that this subdivision shall not be construed to 115
770	770	interfere with the right of any private property owner to 116
771	771	take any action with regard to campaign yard signs on the 117
772	772	owner's property and this subdivision shall not be construed 118
773	773	to interfere with the right of any candidate, or the 119
774	774	candidate's designee, to remove the candidate's campaign 120
775	775	yard sign from the owner's private property after the 121
776	776	election day. 122
777	777	115.638. 1. A person commits the offense of tampering 1
778	778	with an election official if, with the purpose to harass o r 2
779	779	intimidate an election official in the performance of such 3
780	780	official's official duties, such person: 4
781	781	(1) Threatens or causes harm to such election official 5
782	782	or members of such election official's family; 6
783	783	(2) Uses force, threats, or deception against or 7
784	784	toward such election official or members of such election 8
785	785	official's family; 9
786	786	(3) Attempts to induce, influence, or pressure an 10
787	787	election official or members of an election official's 11
788	788	family to violate this chapter; 12
789	789	(4) Engages in conduct reasonably calculated to harass 13
790	790	or alarm such election official or such election official's 14
791	791	family, including stalking pursuant to section 565.225 or 15
792	792	565.227; or 16
793	793	(5) Disseminates through any means, including by 17
794	794	posting on the internet, t he personal information of an 18 SB 926 25
795	795	election official or any member of an election official's 19
796	796	family. For purposes of this section, "personal 20
797	797	information" includes a home address, home telephone number, 21
798	798	mobile telephone number, personal email address, Socia l 22
799	799	Security number, federal tax identification number, checking 23
800	800	and savings account numbers, credit card numbers, marital 24
801	801	status, or identity of a child under eighteen years of age. 25
802	802	2. For the purposes of this section, the term 26
803	803	"election official" includes the election authority, 27
804	804	election judges, and other volunteers or employees of an 28
805	805	election authority. 29
806	806	3. The offense of tampering with an election official 30
807	807	is a class one election offense. If a violation of this 31
808	808	section results in death or bodily injury to an election 32
809	809	official or a member of the official's family, the offense 33
810	810	shall be a class B felony. 34
811	811	Section B. Section A of this act shall be effective 1
812	812	January 1, 2025. 2
813	813	