EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 926
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR CRAWFORD.
3274S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 115.125, 115.127, 115.277, 115.284, 115.430, and 115.637, RSMo, and to enact
in lieu thereof seven new sections relating to elections, with penalty provisions and an
effective date.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.125, 115.127, 115.277, 115.284, 1
115.430, and 115.637, RSMo, are repealed and seven new sections 2
enacted in lieu thereof, to be known as sections 115.125, 3
115.127, 115.277, 115.284, 115.430, 115.637, and 115.638, to 4
read as follows:5
115.125. 1. Not later than 5:00 p.m. on the tenth 1
Tuesday prior to any election , except a special election to 2
decide an election contest, tie vote or an election to elect 3
seven members to serve on a school board of a district 4
pursuant to section 162.241, or a delay in notification 5
pursuant to subsection 3 of this section, or purs uant to the 6
provisions of section 115.399, the officer or agency calling 7
the election shall notify the election authorities 8
responsible for conducting the election. The notice shall 9
be in writing, shall specify the name of the officer or 10
agency calling the election and shall include a certified 11
copy of the legal notice to be published pursuant to 12
subsection 2 of section 115.127. The notice and any other 13
information required by this section may, with the prior 14
notification to the election authorit y receiving the notice, 15 SB 926 2
be accepted by email or facsimile transmission prior to 5:00 16
p.m. on the tenth Tuesday prior to the election, provided 17
that the original copy of the notice and a certified copy of 18
the legal notice to be published shall be receiv ed in the 19
office of the election authority within three business days 20
from the date of the facsimile transmission. 21
2. In lieu of a certified copy of the legal notice to 22
be published pursuant to subsection 2 of section 115.127, 23
each notice of a special election to fill a vacancy shall 24
include the name of the office to be filled, the date of the 25
election and the date by which candidates must be selected 26
or filed for the office. Not later than the sixth Tuesday 27
prior to any special election to f ill a vacancy called by a 28
political subdivision or special district, the officer or 29
agency calling the election shall certify a sample ballot to 30
the election authorities responsible for conducting the 31
election. 32
3. Except as provided for in sectio ns 115.247 and 33
115.359, if there is no additional cost for the printing or 34
reprinting of ballots or if the political subdivision or 35
special district calling for the election agrees to pay any 36
printing or reprinting costs, a political subdivision or 37
special district may, at any time after certification of the 38
notice of election required in subsection 1 of this section, 39
but no later than 5:00 p.m. on the eighth Tuesday before the 40
election, be permitted to make late notification to the 41
election authority pursuant to court order, which, except 42
for good cause shown by the election authority in opposition 43
thereto, shall be freely given upon application by the 44
political subdivision or special district to the circuit 45
court of the area of such subdivisio n or district. No court 46
shall have the authority to order an individual or issue be 47 SB 926 3
placed on the ballot less than eight weeks before the date 48
of the election. 49
115.127. 1. Except as provided in subsection 4 of 1
this section, upon r eceipt of notice of a special election 2
to fill a vacancy submitted pursuant to subsection 2 of 3
section 115.125, the election authority shall cause legal 4
notice of the special election to be published in a 5
newspaper of general circulation in its jurisdi ction. The 6
notice shall include the name of the officer or agency 7
calling the election, the date and time of the election, the 8
name of the office to be filled and the date by which 9
candidates must be selected or filed for the office. Within 10
one week prior to each special election to fill a vacancy 11
held in its jurisdiction, the election authority shall cause 12
legal notice of the election to be published in two 13
newspapers of different political faith and general 14
circulation in the jurisdiction. The legal notice shall 15
include the date and time of the election, the name of the 16
officer or agency calling the election and a sample ballot. 17
If there is only one newspaper of general circulation in the 18
jurisdiction, the notice shall be published in the newspaper 19
within one week prior to the election. If there are two or 20
more newspapers of general circulation in the jurisdiction, 21
but no two of opposite political faith, the notice shall be 22
published in any two of the newspapers within one week prior 23
to the election. 24
2. Except as provided in subsections 1 and 4 of this 25
section and in sections 115.521, 115.549 and 115.593, the 26
election authority shall cause legal notice of each election 27
held in its jurisdiction to be published. The notice shall 28
be published in two newspapers of different political faith 29
and qualified pursuant to chapter 493 which are published 30 SB 926 4
within the bounds of the area holding the election. If 31
there is only one so -qualified newspaper, then notice shall 32
be published in only one newspaper. If there is no 33
newspaper published within the bounds of the election area, 34
then the notice shall be published in two qualified 35
newspapers of different political faith serving the area. 36
Notice shall be published twice, the first p ublication 37
occurring in the second week prior to the election, and the 38
second publication occurring within one week prior to the 39
election. Each such legal notice shall include the date and 40
time of the election, the name of the officer or agency 41
calling the election and a sample ballot; and, unless notice 42
has been given as provided by section 115.129, the second 43
publication of notice of the election shall include the 44
location of polling places. The election authority may 45
provide any additional not ice of the election it deems 46
desirable. 47
3. The election authority shall print the official 48
ballot as the same appears on the sample ballot, and no 49
candidate's name or ballot issue which appears on the sample 50
ballot or official printed ballot shal l be stricken or 51
removed from the ballot except on death of a candidate or by 52
court order, but in no event shall a candidate or issue be 53
stricken or removed from the ballot less than eight weeks 54
before the date of the election. 55
4. In lieu of causing legal notice to be published in 56
accordance with any of the provisions of this chapter, the 57
election authority in jurisdictions which have less than 58
seven hundred fifty registered voters and in which no 59
newspaper qualified pursuant to chapter 493 is published, 60
may cause legal notice to be mailed during the second week 61
prior to the election, by first class mail, to each 62 SB 926 5
registered voter at the voter's voting address. All such 63
legal notices shall include the date and time of the 64
election, the location of the polling place, the name of the 65
officer or agency calling the election and a sample ballot. 66
5. If the opening date for filing a declaration of 67
candidacy for any office in a political subdivision or 68
special district is not required by l aw or charter, the 69
opening filing date shall be 8:00 a.m., the [seventeenth] 70
sixteenth Tuesday prior to the election. If the closing 71
date for filing a declaration of candidacy for any office in 72
a political subdivision or special district is not requir ed 73
by law or charter, the closing filing date shall be 5:00 74
p.m., the [fourteenth] thirteenth Tuesday prior to the 75
election, or if the thirteenth Tuesday prior to the election 76
is a state or federal holiday, the closing filing date shall 77
be 5:00 p.m. on the next day that is not a state or federal 78
holiday. The political subdivision or special district 79
calling an election shall, before the [seventeenth] 80
sixteenth Tuesday, prior to any election at which offices 81
are to be filled, notify the general pub lic of the opening 82
filing date, the office or offices to be filled, the proper 83
place for filing and the closing filing date of the 84
election. Such notification may be accomplished by legal 85
notice published in at least one newspaper of general 86
circulation in the political subdivision or special district. 87
6. Except as provided for in sections 115.247 and 88
115.359, if there is no additional cost for the printing or 89
reprinting of ballots or if the candidate agrees to pay any 90
printing or reprinting costs, a candidate who has filed for 91
an office or who has been duly nominated for an office may, 92
at any time after the certification of the notice of 93
election required in subsection 1 of section 115.125 but no 94 SB 926 6
later than 5:00 p.m. on the eighth Tuesday before the 95
election, withdraw as a candidate pursuant to a court order, 96
which, except for good cause shown by the election authority 97
in opposition thereto, shall be freely given upon 98
application by the candidate to the circuit court of the 99
area of such candidate's residence. 100
115.277. 1. A registered voter of this state may cast 1
an absentee ballot in person at a location designated by the 2
election authority for all candidates and issues for which 3
such voter is eligible to vote a t the polling place if such 4
voter expects to be prevented from going to the polls to 5
vote on election day due to one of the reasons listed in 6
subsection 3 of this section. A registered voter casting a 7
ballot under the provisions of this subsection sha ll provide 8
a form of personal photo identification that is consistent 9
with subsection 1 of section 115.427. Beginning on the 10
second Tuesday prior to an election, a reason listed under 11
subsection 3 of this section shall not be required, provided 12
that, the provisions of section 1.140 to the contrary 13
notwithstanding, this sentence and section 115.427 shall be 14
nonseverable, and if any provision of section 115.427 is for 15
any reason held to be invalid, such decision shall 16
invalidate this sentence. 17
2. Except as provided in subsections 4, 5, and 6 of 18
this section, a registered voter of this state may cast an 19
absentee ballot not in person at a location designated by 20
the election authority for all candidates and issues for 21
which such voter would be eligible to vote at the polling 22
place if such voter expects to be prevented from going to 23
the polls to vote on election day due to one of the reasons 24
listed in subsection 3 of this section. An absentee ballot 25
that is not requested and completed in pe rson at the office 26 SB 926 7
of the election authority with a form of personal photo 27
identification that is consistent with subsection 1 of 28
section 115.427 shall have the statement on the ballot 29
envelope notarized as required under section 115.283, except 30
that absentee ballots requested under subdivisions (2) and 31
(5) of subsection 3 of this section shall not require 32
notarization. This subsection shall apply only in the case 33
of absentee ballots that are not cast in person. 34
3. A voter may request an abse ntee ballot for any of 35
the following reasons: 36
(1) Absence on election day from the jurisdiction of 37
the election authority in which such voter is registered to 38
vote; 39
(2) Incapacity or confinement due to illness or 40
physical disability on elec tion day, including a person who 41
is primarily responsible for the physical care of a person 42
who is incapacitated or confined due to illness or 43
disability and resides at the same address; 44
(3) Religious belief or practice; 45
(4) Employment as: 46
(a) An election authority, as a member of an election 47
authority, or by an election authority at a location other 48
than such voter's polling place; 49
(b) A first responder; 50
(c) A health care worker; or 51
(d) A member of law enforcement; 52
(5) Incarceration, provided all qualifications for 53
voting are retained; 54
(6) Certified participation in the address 55
confidentiality program established under sections 589.660 56
to 589.681 because of safety concerns. 57 SB 926 8
4. Any covered voter who is eligible to register and 58
vote in this state may vote in any election for federal 59
office, statewide office, state legislative office, or 60
statewide ballot initiatives by submitting a federal 61
postcard application to apply to vote by absentee ballot or 62
by submitting a federal postcard application at the [polling 63
place] office of the election authority on election day, 64
even though the person is not registered. A federal 65
postcard application submitted by a covered voter pursuant 66
to this subsection shall also serve as a voter registration 67
application under section 115.908 and the election authority 68
shall, if satisfied that the applicant is entitled to 69
register, place the voter's name on the voter registration 70
file. Each covered voter may vote b y absentee ballot or, 71
upon submitting an affidavit that the person is qualified to 72
vote in the election, may vote at the person's polling place. 73
5. Any interstate former resident may vote by absentee 74
ballot or at the office of the election authori ty on 75
election day for presidential and vice presidential electors. 76
6. Any new resident may vote by absentee ballot or at 77
the office of the election authority on election day for 78
presidential and vice presidential electors after 79
registering to vote in such resident's new jurisdiction of 80
residence. 81
115.284. 1. There is hereby established an absentee 1
voting process to assist persons with permanent disabilities 2
in the exercise of their voting rights. 3
2. The local election authority shall send an 4
application to participate in the absentee voting process 5
set out in this section to any registered voter residing 6
within the election authority's jurisdiction upon request. 7 SB 926 9
3. Upon receipt of a properly completed applica tion, 8
the election authority shall enter the voter's name on a 9
list of voters qualified to participate as absentee voters 10
pursuant to this section. 11
4. The application to participate in the absentee 12
voting process shall be in substantially the fol lowing form: 13
5. Not earlier than ten weeks before an election but 30
prior to the fourth Tuesday prior to an election, the 31
election authority shall deliver to each voter qualified to 32
participate as absentee voters p ursuant to this section an 33
absentee ballot application if the voter is eligible to vote 34
in that election. If the voter returns the absentee request 35
application to the election authority not later than 5:00 36
p.m. on the second Wednesday before an electi on and has 37
retained the necessary qualifications to vote, the election 38
14 State of _________
15 County (City) of _________
16
17
18
19
20
21
22
23
24
I, _________ (print applicant's name), declare
that I am a resident and registered voter of
_________ County, Missouri, and am permanently
disabled. I hereby request that my name be placed
on the election authority's list of voters
qualified to participate as absentee voters
pursuant to section 115.284, and that I be
delivered an absentee ballot application for each
election in which I am eligible to vote.
25 __________________
26 Signature of Voter
27 _________
28 _________
29 Voter's Address SB 926 10
authority shall provide the voter with an absentee ballot 39
pursuant to this chapter. 40
6. The election authority shall remove from the list 41
of voters qualified to participate as absentee voters 42
pursuant to this section any voter who: 43
(1) Asks to be removed from the list; 44
(2) Dies; 45
(3) Becomes disqualified from voting pursuant to this 46
chapter; or 47
(4) No longer resides at the address of his or her 48
voter registration. 49
7. All lists of applications under this section shall 50
be kept confidential. Such lists of applications shall not 51
be posted or displayed in an area open to the general 52
public, nor shall such lists of applications be shown to any 53
unauthorized person. 54
115.430. 1. This section shall apply to [primary and 1
general elections where candidates for federal or statewide 2
offices are nominated or elected and any election where 3
statewide issue or issues are submitted to th e voters] any 4
public election. 5
2. (1) A voter claiming to be properly registered in 6
the jurisdiction of the election authority and eligible to 7
vote in an election, but whose eligibility at that precinct 8
cannot be immediately established upon exa mination of the 9
precinct register, shall be entitled to vote a provisional 10
ballot after providing a form of personal identification 11
required pursuant to section 115.427 or upon executing an 12
affidavit under section 115.427, or may vote at a central 13
polling place as established in section 115.115 where the 14
voter may vote his or her appropriate ballot for his or her 15
precinct of residence upon verification of eligibility or 16 SB 926 11
vote a provisional ballot if eligibility cannot be 17
determined. The provisional ballot provided to a voter 18
under this section shall be the ballot provided to a 19
resident of the voter's precinct determined by reference to 20
the affidavit provided for in this section. If the voter 21
declares that the voter is eligible to vote and the e lection 22
authority determines that the voter is eligible to vote at 23
another polling place, the voter shall be directed to the 24
correct polling place or a central polling place as 25
established by the election authority pursuant to subsection 26
5 of section 115.115. If the voter refuses to go to the 27
correct polling place or a central polling place, the voter 28
shall be permitted to vote a provisional ballot at the 29
incorrect polling place, but such ballot shall not be 30
counted if the voter was not eligible t o vote at that 31
polling place. 32
(2) The following steps shall be taken to establish a 33
voter's eligibility to vote at a polling place: 34
(a) The election judge shall examine the precinct 35
register as provided in section 115.425. If the voter is 36
registered and eligible to vote at the polling place, the 37
voter shall receive a regular ballot; 38
(b) If the voter's eligibility cannot be immediately 39
established by examining the precinct register, the election 40
judge shall contact the election auth ority. If the election 41
authority cannot immediately establish that the voter is 42
registered and eligible to vote at the polling place upon 43
examination of the Missouri voter registration system, or if 44
the election judge is unable to make contact with th e 45
election authority immediately, the voter shall be notified 46
that the voter is entitled to a provisional ballot. 47 SB 926 12
(3) The voter shall have the duty to appear and vote 48
at the correct polling place. If an election judge 49
determines that the voter i s not eligible to vote at the 50
polling place at which a voter presents himself or herself, 51
and if the voter appears to be eligible to vote at another 52
polling place, the voter shall be informed that he or she 53
may cast a provisional ballot at the current polling place 54
or may travel to the correct polling place or a central 55
polling place, as established by the election authority 56
under subsection 5 of section 115.115, where the voter may 57
cast a regular ballot or provisional ballot if the voter's 58
eligibility still cannot be determined. Provisional ballots 59
cast at a polling place shall be counted only if the voter 60
was eligible to vote at such polling place as provided in 61
subsection 5 of this section. 62
(4) For a voter requesting an absentee ballot in 63
person, such voter shall be entitled to cast a provisional 64
ballot when the voter's eligibility cannot be immediately 65
established upon examination of the precinct registers or 66
the Missouri voter registration system. 67
(5) Prior to accepting any p rovisional ballot at the 68
polling place, the election judges shall determine that the 69
information provided on the provisional ballot envelope by 70
the provisional voter is consistent with the identification 71
provided by such person under section 115.427. 72
3. (1) No person shall be entitled to receive a 73
provisional ballot until such person has completed a 74
provisional ballot affidavit on the provisional ballot 75
envelope. 76
(2) The secretary of state shall produce appropriate 77
sizes of provisional ballot envelopes and distribute them to 78
each election authority according to their tabulating 79 SB 926 13
system. All provisional ballot envelopes shall be printed 80
on a distinguishable color of paper that is different from 81
the color of the regular ballot. The provisional ballot 82
envelope shall be in the form required by subsection 4 of 83
this section. All provisional ballots shall be marked with 84
a conspicuous stamp or other distinguishing mark that makes 85
them readily distinguishable from the regular ballots. 86
(3) Once voted, the provisional ballot shall be placed 87
and sealed in a provisional ballot envelope. 88
4. The provisional ballot in its envelope shall be 89
deposited in the ballot box. The provisional ballot 90
envelope shall be completed by the vote r for use in 91
determining eligibility. The provisional ballot envelope 92
specified in this section shall contain a voter's 93
certificate which shall be in substantially the following 94
form: 95
96 STATE OF ______
97 COUNTY OF ______
98
99
100
101
102
103
104
105
106
I do solemnly swear (or affirm) that my name is
______; that my date of birth is ______; that the
last four digits of my Social Security Number are
______; that I am registered to vote in ______
County or City (if a City not within a County),
Missouri; that I am a qualified voter of said
County (or City not within a County); that I am
eligible to vote at this polling place; and that I
have not voted in this election.
107
108
109
110
111
112
113
I understand that if the above -provided
information is not correct and the election
authority determines that I am not registered and
eligible to vote, my vote will not be counted. I
further understand that knowingly providing false
information is a viol ation of law and subjects me
to possible criminal prosecution.
SB 926 14
The voter may provide additional information to further 122
assist the election authority in determining eligibility, 123
including the place and date the voter registered to vote, 124
if known. 125
5. (1) Prior to counting any provisional ballot, the 126
election authority shall determine if the voter is 127
registered and eligible to vote and if the vote was properly 128
cast. The eligibility of provisional votes shall be 129
determined according to the requirements for a voter to cast 130
a ballot in the election as set forth in sections 115.133 131
and 115.135. A provisional voter ballot shall not be 132
eligible to be counted until the election authority has 133
determined that: 134
(a) The voter cast such provisional ballot at a 135
polling place established for the voter or the central 136
polling place established by the election authority under 137
subsection 5 of section 115.115; 138
(b) The individual who cast the provisional ballot is 139
an individual registered to vote in the respective election 140
at the polling place where the ballot was cast; 141
114 __________________
115 (Signature of Voter)
116 __________________
117 (Current Address)
118
119
Subscribed and affirmed before me this ______ day
of ______, 20______
120 __________________
121 (Signature of Election Official) SB 926 15
(c) The voter did not otherwise vote in the same 142
election by regular ballot, absentee ballot, or otherwise; 143
and 144
(d) The information on the provisional ballot envelope 145
is found to be correct, complete, and accurate. 146
(2) When the ballot boxes are delivered to the 147
election authority from the polling places, the receiving 148
teams shall separate the provisional ballots from the rest 149
of the ballots and place the sealed provisional ballot 150
envelopes in a separate container. Teams of election 151
authority employees or teams of election judges with each 152
team consisting of one member of each major political party 153
shall photocopy each provisional ballot envelope, such 154
photocopy to be used by the election authority to determine 155
provisional voter eligibility. The sealed provisional 156
ballot envelopes shall be placed by t he team in a sealed 157
container and shall remain therein until tabulation. 158
(3) To determine whether a provisional ballot is valid 159
and entitled to be counted, the election authority shall 160
examine its records and verify that the provisional voter is 161
properly registered and eligible to vote in the election. 162
If the provisional voter has provided information regarding 163
the registration agency where the provisional voter 164
registered to vote, the election authority shall make an 165
inquiry of the registrat ion agency to determine whether the 166
provisional voter is properly registered and eligible to 167
vote in the election. 168
(4) If the election authority determines that the 169
provisional voter is registered and eligible to vote in the 170
election, the electio n authority shall provide documentation 171
verifying the voter's eligibility. Such documentation shall 172 SB 926 16
be noted on the copy of the provisional ballot envelope and 173
shall contain substantially the following information: 174
(a) The name of the provisional voter; 175
(b) The name of the reviewer; 176
(c) The date and time; and 177
(d) A description of evidence found that supports the 178
voter's eligibility. 179
(5) The local election authority shall record on a 180
provisional ballot acceptance/rejection list the provisional 181
ballot identification number and a notation marking it as 182
accepted. 183
(6) If the election authority determines that the 184
provisional voter is not registered or eligible to vote in 185
the election, the election authority shall prov ide 186
documentation verifying the voter's ineligibility. Such 187
documentation shall be noted on the copy of the provisional 188
ballot envelope and shall contain substantially the 189
following information: 190
(a) The name of the provisional voter; 191
(b) The name of the reviewer; 192
(c) The date and time; 193
(d) A description of why the voter is ineligible. 194
(7) The local election authority shall record on a 195
provisional ballot acceptance/rejection list the provisional 196
ballot identification numb er and notation marking it as 197
rejected. 198
(8) If rejected, a photocopy of the envelope shall be 199
made and used by the election authority as a mail -in voter 200
registration. The actual provisional ballot envelope shall 201
be kept as ballot material, and t he copy of the envelope 202
shall be used by the election authority for registration 203
record keeping. 204 SB 926 17
6. All provisional ballots cast by voters whose 205
eligibility has been verified as provided in this section 206
shall be counted in accordance with the rul es governing 207
ballot tabulation. Provisional ballots shall not be counted 208
until all provisional ballots are determined either eligible 209
or ineligible and all provisional ballots must be processed 210
before the election is certified. The provisional ballot 211
shall be counted only if the election authority determines 212
that the voter is registered and eligible to vote. 213
Provisional ballots voted in the wrong polling place shall 214
not be counted. If the voter is not registered but is 215
qualified to register for future elections, the affidavit 216
shall be considered a mail -in application to register to 217
vote pursuant to this chapter. 218
7. (1) After the election authority completes its 219
review of the provisional voter's eligibility under 220
subsection 5 of this s ection, the election authority shall 221
deliver the provisional ballots and copies of the 222
provisional ballot envelopes that include eligibility 223
information to bipartisan counting teams, which may be the 224
board of verification, for review and tabulation. The 225
election authority shall maintain a record of such 226
delivery. The record shall include the number of ballots 227
delivered to each team and shall include a signed receipt 228
from two judges, one from each major political party. The 229
election authority sha ll provide each team with a ballot box 230
and material necessary for tabulation. 231
(2) If the person named on the provisional ballot 232
affidavit is found to have been properly qualified and 233
registered to cast a ballot in the election and the 234
provisional ballot otherwise qualifies to be counted under 235
the provisions of this section, the envelope shall be 236 SB 926 18
opened, and the ballot shall be placed in a ballot box to be 237
counted. 238
(3) If the person named on the provisional ballot 239
affidavit is found not t o have been properly qualified and 240
registered to cast a ballot in the election or if the 241
election authority is unable to determine such person's 242
right to vote, the envelope containing the provisional 243
ballot shall not be opened, and the person's vote sh all not 244
be counted. The members of the team shall follow the 245
procedures set forth in subsection 5 of this section for 246
rejected provisional ballots. 247
(4) The votes shall be tallied and the returns made as 248
provided in sections 115.447 to 115.525 fo r paper ballots. 249
After the vote on all ballots assigned to a team have been 250
counted, the ballots, ballot envelopes, and copies of ballot 251
envelopes with the eligibility information provided by the 252
election authority shall be enclosed in sealed container s 253
marked "Voted provisional ballots and ballot envelopes from 254
the election held ______, 20______". All rejected 255
provisional ballots, ballot envelopes, and copies of ballot 256
envelopes with the eligibility information provided by the 257
election authority shall be enclosed in sealed containers 258
marked "Rejected provisional ballots and ballot envelopes 259
from the election held ______, 20______". On the outside of 260
each voted ballot and rejected ballot container, each member 261
of the team shall write their nam e and all such containers 262
shall be returned to the election authority. Upon receipt 263
of the returns and ballots, the election authority shall 264
tabulate the provisional votes. 265
8. Challengers and watchers, as provided by sections 266
115.105 and 115.107, may be present during all times that 267
the bipartisan counting teams are reviewing or counting the 268 SB 926 19
provisional ballots, the provisional ballot envelopes, or 269
copies of the provisional ballot envelopes that include 270
eligibility information provided by the election authority. 271
Challengers and watchers shall be permitted to observe the 272
determination of the eligibility of all provisional 273
ballots. The election authority shall notify the county 274
chair of each major political party of the time and location 275
when bipartisan counting teams will be reviewing or counting 276
the provisional ballots, the provisional ballot envelopes, 277
or the copies of the provisional ballot envelopes that 278
include the eligibility information provided by the election 279
authority. 280
9. The certificate of ballot cards shall: 281
(1) Reflect the number of provisional envelopes 282
delivered; and 283
(2) Reflect the number of sealed provisional envelopes 284
with voted ballots deposited in the ballot box. 285
10. In counties where the v oting system does not 286
utilize a paper ballot, the election authority shall provide 287
the appropriate provisional ballots to each polling place. 288
11. The secretary of state may promulgate rules for 289
purposes of ensuring the uniform application of this 290
section. No rule or portion of a rule promulgated pursuant 291
to the authority of this section shall become effective 292
unless it has been promulgated pursuant to chapter 536. 293
12. The secretary of state shall design and provide to 294
the election authorities the envelopes and forms necessary 295
to carry out the provisions of this section. 296
13. Pursuant to the Help America Vote Act of 2002, the 297
secretary of state shall ensure a free access system is 298
established, such as a toll -free number or an inter net 299
website, that any individual who casts a provisional ballot 300 SB 926 20
may access to discover whether the vote of that individual 301
was counted, and, if the vote was not counted, the reason 302
that the vote was not counted. At the time an individual 303
casts a provisional ballot, the election authority shall 304
give the voter written information that states that any 305
individual who casts a provisional ballot will be able to 306
ascertain under such free access system whether the vote was 307
counted, and if the vote was not counted, the reason that 308
the vote was not counted. 309
14. In accordance with the Help America Vote Act of 310
2002, any individual who votes in an election as a result of 311
a court order or any other order extending the time 312
established for closing the p olls in section 115.407 may 313
vote only by using a provisional ballot, and such 314
provisional ballot shall be separated and held apart from 315
other provisional ballots cast by those not affected by the 316
order. Such ballots shall not be counted until such tim e as 317
the ballots are determined to be valid. No state court 318
shall have jurisdiction to extend the polling hours 319
established by law, including section 115.407. 320
115.637. The following offenses, and any others 1
specifically so descri bed by law, shall be class four 2
election offenses and are deemed misdemeanors not connected 3
with the exercise of the right of suffrage. Conviction for 4
any of these offenses shall be punished by imprisonment of 5
not more than one year or by a fine of no t more than two 6
thousand five hundred dollars or by both such imprisonment 7
and fine: 8
(1) Stealing or willfully concealing, defacing, 9
mutilating, or destroying any sample ballots that may be 10
furnished by an organization or individual at or near an y 11
voting place on election day, except that this subdivision 12 SB 926 21
shall not be construed so as to interfere with the right of 13
an individual voter to erase or cause to be erased on a 14
sample ballot the name of any candidate and substituting the 15
name of the person for whom he or she intends to vote; or to 16
dispose of the received sample ballot; 17
(2) Printing, circulating, or causing to be printed or 18
circulated, any false and fraudulent sample ballots which 19
appear on their face to be designed as a fraud upon voters; 20
(3) Purposefully giving a printed or written sample 21
ballot to any qualified voter which is intended to mislead 22
the voter; 23
(4) On the part of any candidate for election to any 24
office of honor, trust, or profit, offering or promis ing to 25
discharge the duties of such office for a less sum than the 26
salary, fees, or emoluments as fixed by law or promising to 27
pay back or donate to any public or private interest any 28
portion of such salary, fees, or emolument as an inducement 29
to voters; 30
(5) On the part of any canvasser appointed to canvass 31
any registration list, willfully failing to appear, refusing 32
to continue, or abandoning such canvass or willfully 33
neglecting to perform his duties in making such canvass or 34
willfully neglecting any duties lawfully assigned to him or 35
her; 36
(6) On the part of any employer, making, enforcing, or 37
attempting to enforce any order, rule, or regulation or 38
adopting any other device or method to prevent an employee 39
from engaging in political activities, accepting candidacy 40
for nomination to, election to, or the holding of, political 41
office, holding a position as a member of a political 42
committee, soliciting or receiving funds for political 43
purpose, acting as chairman or participating in a political 44 SB 926 22
convention, assuming the conduct of any political campaign, 45
signing, or subscribing his or her name to any initiative, 46
referendum, or recall petition, or any other petition 47
circulated pursuant to law; 48
(7) On the part of any person auth orized or employed 49
to print official ballots, or any person employed in 50
printing ballots, giving, delivering, or knowingly 51
permitting to be taken any ballot to or by any person other 52
than the official under whose direction the ballots are 53
being printed, any ballot in any form other than that 54
prescribed by law, or with unauthorized names, with names 55
misspelled, or with the names of candidates arranged in any 56
way other than that authorized by law; 57
(8) On the part of any election authority or off icial 58
charged by law with the duty of distributing the printed 59
ballots, or any person acting on his or her behalf, 60
knowingly distributing or causing to be distributed any 61
ballot in any manner other than that prescribed by law; 62
(9) Any person having in his or her possession any 63
official ballot, except in the performance of his or her 64
duty as an election authority or official, or in the act of 65
exercising his or her individual voting privilege; 66
(10) Willfully mutilating, defacing, or alterin g any 67
ballot before it is delivered to a voter; 68
(11) On the part of any election judge, being 69
willfully absent from the polls on election day without good 70
cause or willfully detaining any election material or 71
equipment and not causing it to be pr oduced at the voting 72
place at the opening of the polls or within fifteen minutes 73
thereafter; 74
(12) On the part of any election authority or 75
official, willfully neglecting, refusing, or omitting to 76 SB 926 23
perform any duty required of him or her by law wit h respect 77
to holding and conducting an election, receiving and 78
counting out the ballots, or making proper returns; 79
(13) On the part of any election judge, or party 80
watcher or challenger, furnishing any information tending in 81
any way to show the s tate of the count to any other person 82
prior to the closing of the polls; 83
(14) On the part of any voter, except as otherwise 84
provided by law, allowing his or her ballot to be seen by 85
any person with the intent of letting it be known how he or 86
she is about to vote or has voted, or knowingly making a 87
false statement as to his or her inability to mark a ballot; 88
(15) On the part of any election judge, disclosing to 89
any person the name of any candidate for whom a voter has 90
voted; 91
(16) Interfering, or attempting to interfere, with any 92
voter inside a polling place; 93
(17) On the part of any person at any registration 94
site, polling place, counting location or verification 95
location, causing any breach of the peace or engaging in 96
disorderly conduct, violence, or threats of violence whereby 97
such registration, election, count or verification is 98
impeded or interfered with; 99
(18) Exit polling, surveying, sampling, 100
electioneering, distributing election literature, posting 101
signs or placing vehicles bearing signs with respect to any 102
candidate or question to be voted on at an election [on 103
election day] inside the building in which a polling place 104
is located on election day or during the absentee voting 105
period or within twenty-five feet of the building's outer 106
door closest to the polling place on election day or during 107
the absentee voting period , or, on the part of any person, 108 SB 926 24
refusing to remove or permit removal from property owned or 109
controlled by such person, any such election s ign or 110
literature located within such distance on such day after 111
request for removal by any person; 112
(19) Stealing or willfully defacing, mutilating, or 113
destroying any campaign yard sign on private property, 114
except that this subdivision shall not be construed to 115
interfere with the right of any private property owner to 116
take any action with regard to campaign yard signs on the 117
owner's property and this subdivision shall not be construed 118
to interfere with the right of any candidate, or the 119
candidate's designee, to remove the candidate's campaign 120
yard sign from the owner's private property after the 121
election day. 122
115.638. 1. A person commits the offense of tampering 1
with an election official if, with the purpose to harass o r 2
intimidate an election official in the performance of such 3
official's official duties, such person: 4
(1) Threatens or causes harm to such election official 5
or members of such election official's family; 6
(2) Uses force, threats, or deception against or 7
toward such election official or members of such election 8
official's family; 9
(3) Attempts to induce, influence, or pressure an 10
election official or members of an election official's 11
family to violate this chapter; 12
(4) Engages in conduct reasonably calculated to harass 13
or alarm such election official or such election official's 14
family, including stalking pursuant to section 565.225 or 15
565.227; or 16
(5) Disseminates through any means, including by 17
posting on the internet, t he personal information of an 18 SB 926 25
election official or any member of an election official's 19
family. For purposes of this section, "personal 20
information" includes a home address, home telephone number, 21
mobile telephone number, personal email address, Socia l 22
Security number, federal tax identification number, checking 23
and savings account numbers, credit card numbers, marital 24
status, or identity of a child under eighteen years of age. 25
2. For the purposes of this section, the term 26
"election official" includes the election authority, 27
election judges, and other volunteers or employees of an 28
election authority. 29
3. The offense of tampering with an election official 30
is a class one election offense. If a violation of this 31
section results in death or bodily injury to an election 32
official or a member of the official's family, the offense 33
shall be a class B felony. 34
Section B. Section A of this act shall be effective 1
January 1, 2025. 2