Missouri 2025 2025 Regular Session

Missouri Senate Bill SB116 Introduced / Bill

Filed 12/06/2024

                     
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted 
and is intended to be omitted in the law. 
FIRST REGULAR SESSION 
SENATE BILL NO. 116 
103RD GENERAL ASSEMBLY  
INTRODUCED BY SENATOR BRATTIN. 
0546S.01I 	KRISTINA MARTIN, Secretary  
AN ACT 
To repeal sections 115.013, 115.074, 115.078, 115.179, 115.181, 115.193, 115.221, and 115.642, 
RSMo, and to enact in lieu thereof ten new sections relating to elections, with an 
effective date. 
 
Be it enacted by the General Assembly of the State of Missouri, as follows: 
     Section A.  Sections 115.013, 115.074, 115.078, 115.179, 1 
115.181, 115.193, 115.221, and 115.642, RS Mo, are repealed and 2 
ten new sections enacted in lieu thereof, to be known as 3 
sections 115.013, 115.179, 115.181, 115.193, 115.220, 115.221, 4 
115.642, 115.1500, 115.1505, and 115.1510, to read as follows:5 
     115.013.  As used in this chapter, unless the context  1 
clearly implies otherwise, the following terms mean: 2 
     (1)  "Air-gap" or "air-gapped", a security measure in 3 
which equipment is physically and technically isolated from 4 
any network and is not directly connected to the internet 5 
nor is it connected to any other system that is connected to 6 
the internet.  Data can only be passed to an air -gapped  7 
device physically via a USB or other removable media; 8 
     (2)  "Automatic tabulating equipment", the apparatus 9 
necessary to examine and automatically count votes, and the 10 
data processing machines which are used for counting votes 11 
and tabulating results and which are air -gapped and not  12 
physically able to be connected to a network; 13 
     (3)  "Ballot", the  paper ballot, or ballot designed 14 
for use with an electronic voting system on which each voter 15   SB 116 	2 
may cast all votes to which he or she is entitled at an 16 
election; 17 
     (4)  "Ballot label", the card, paper, booklet, page, or 18 
other material containing the names of all offices and 19 
candidates and state ments of all questions to be voted on; 20 
     (5)  "Counting location", a location selected by the 21 
election authority for the automatic processing or counting, 22 
or both, of ballots; 23 
     (6)  "County", any county in this state or any city not 24 
within a county; 25 
     (7)  "Disqualified", a determination made by a court of 26 
competent jurisdiction, the Missouri ethics commission, an 27 
election authority or any other body authorized by law to 28 
make such a determination that a candidate is ineligible to 29 
hold office or not entitled to be voted on for office; 30 
     (8)  "District", an area within the state or within a 31 
political subdivision of the state from which a person is 32 
elected to represent the area on a policy -making body with  33 
representatives of other areas i n the state or political 34 
subdivision; 35 
     (9)  "Electronic voting machine", any part of an air - 36 
gapped electronic voting system on which a voter is able to 37 
cast a ballot under this chapter; 38 
     (10)  "Electronic voting system", a system of casting 39 
votes by use of marking devices, and counting votes by use 40 
of automatic air-gapped tabulating or air -gapped data  41 
processing equipment, including computerized voting systems 42 
that mark or tabulate ballots; 43 
     (11)  "Established political party" for the sta te, a  44 
political party which, at either of the last two general 45 
elections, polled for its candidate for any statewide office 46 
more than two percent of the entire vote cast for the 47   SB 116 	3 
office.  "Established political party" for any district or 48 
political subdivision shall mean a political party which 49 
polled more than two percent of the entire vote cast at 50 
either of the last two elections in which the district or 51 
political subdivision voted as a unit for the election of 52 
officers or representatives to serve its area; 53 
     (12)  "Federal office", the office of presidential 54 
elector, United States senator, or representative in 55 
Congress; 56 
     (13)  "Independent", a candidate who is not a candidate 57 
of any political party and who is running for an office for 58 
which political party candidates may run; 59 
     (14)  "Major political party", the political party 60 
whose candidates received the highest or second highest 61 
number of votes at the last general election; 62 
     (15)  "Marking device", any device approved by the 63 
secretary of state under section 115.225 which will enable 64 
the votes to be counted by automatic tabulating equipment; 65 
     (16)  "Municipal" or "municipality", a city, village, 66 
or incorporated town of this state; 67 
     (17)  "New party", any political gr oup which has filed 68 
a valid petition and is entitled to place its list of 69 
candidates on the ballot at the next general or special 70 
election; 71 
     (18)  "Nonpartisan", a candidate who is not a candidate 72 
of any political party and who is running for an of fice for  73 
which party candidates may not run; 74 
     (19)  "Political party", any established political 75 
party and any new party; 76 
     (20)  "Political subdivision", a county, city, town, 77 
village, or township of a township organization county; 78   SB 116 	4 
     (21)  "Polling place", the voting place designated for 79 
all voters residing in one or more precincts for any 80 
election; 81 
     (22)  "Precincts", the geographical areas into which 82 
the election authority divides its jurisdiction for the 83 
purpose of conducting electi ons; 84 
     (23)  "Public office", any office established by 85 
constitution, statute or charter and any employment under 86 
the United States, the state of Missouri, or any political 87 
subdivision or special district thereof, but does not 88 
include any office in the Missouri state defense force or 89 
the National Guard or the office of notary public or city 90 
attorney in cities of the third classification or cities of 91 
the fourth classification; 92 
     (24)  "Question", any measure on the ballot which can 93 
be voted "YES" or "NO"; 94 
     (25)  "Relative within the second degree by 95 
consanguinity or affinity", a spouse, parent, child, 96 
grandparent, brother, sister, grandchild, mother -in-law,  97 
father-in-law, daughter-in-law, or son-in-law; 98 
     (26)  "Special district", any school district, water 99 
district, fire protection district, hospital district, 100 
health center, nursing district, or other districts with 101 
taxing authority, or other district formed pursuant to the 102 
laws of Missouri to provide limited, specific services; 103 
    (27)  "Special election", elections called by any 104 
school district, water district, fire protection district, 105 
or other district formed pursuant to the laws of Missouri to 106 
provide limited, specific services; and 107 
     (28)  "Voter activity", registering to vote, voting in 108 
an election, signing a petition to form a new political 109 
party, signing a petition for the nomination of an 110   SB 116 	5 
independent candidate for office, or signing an initiative 111 
petition; 112 
     (29)  "Voting district", the one or more precincts 113 
within which all voters vote at a single polling place for 114 
any election. 115 
     115.179.  [1.]  The election authority shall [have]  1 
canvass the registration records of all precincts in its 2 
jurisdiction [canvassed] every two years [in accordance with  3 
subsection 3 of section 115.163 and that it ].  Such canvass  4 
shall be completed no later than ninety days prior to the 5 
date of a primary or general election for federal office.   6 
[The election authority may utilize postal service 7 
contractors under the federal National Change of Address 8 
program to canvass the records. 9 
     2.  In each jurisdiction without a board of election 10 
commissioners, the county clerk shall have the registration 11 
records of all precincts in its jurisdiction canvassed ever y  12 
two years in accordance with subsection 3 of section 115.163 13 
and that it be completed no later than ninety days prior to 14 
the date of a primary or general election for federal 15 
office.] 16 
     115.181.  1.  In its discretion, the election a uthority  1 
may order all or any part of a canvass to be made using any  2 
one of the following methods, or any combination thereof: 3 
     (1)  House-to-house, pursuant to sections 115.185 and 4 
115.187; 5 
     (2)  Through the United States Postal Service, [or by  6 
both methods] pursuant to section 115.189; or 7 
     (3)  Through the utilization of postal service 8 
contractors pursuant to the federal National Change of 9 
Address program. 10   SB 116 	6 
     2.  At the discretion of the election authority, [the]  11 
a canvass may be made by including only those voters who did 12 
not vote at the last general election and those voters who 13 
registered since the last general election. 14 
     115.193.  1.  Upon completion of a canvass as provided 1 
for in this chapter, the election authority shall remove a  2 
registered voter's name [shall not be removed ] from the list  3 
of registered voters on the precinct register on the ground  4 
that the voter has changed residence [unless] if: 5 
     (1) The voter confirms in writing that the voter has 6 
changed residence to a place outside the election 7 
authority's jurisdiction in which the voter is registered; or 8 
     (2)  The voter fails to respond to a notice described 9 
in subsection 3 of this section and has not [voted in an  10 
election] engaged in voter activity during the period  11 
beginning on the date of the notice and ending on the day 12 
after the date of the second general election that occurs 13 
after the date of the notice. 14 
     2.  The notice referred to in subsection 1, subdivision 15 
(2) of this section shall contain a postage prepaid and 16 
preaddressed return card, sent by forwardable mail, on which 17 
the voter may state the voter's current address. 18 
     3.  The notice shall also contain the following 19 
statements: 20 
     "(1)  Any voter who has not chang ed his or her  21 
residence, or has changed residence but remained in the same 22 
election authority's jurisdiction, shall return the card not 23 
later than the fourth Wednesday prior to the next election.   24 
If the card is not returned by this date, oral or writt en  25 
affirmation of the voter's address may be required at the 26 
polling place before the voter will be permitted to vote in 27 
an election during the period beginning on the date of the 28   SB 116 	7 
notice and ending on the day after the date of the second 29 
general election that occurs after the date of the notice.   30 
Any voter who does not [vote in an election] engage in voter  31 
activity during that period, will have his or her name 32 
removed from the list of eligible voters; 33 
     (2)  For additional information on register ing to vote,  34 
contact the election authority located in the county of your 35 
current residence.  If you reside in the City of St. Louis, 36 
contact the St. Louis City election board." 37 
     4.  If the election authority believes that the name of 38 
any voter was improperly removed from the [registration  39 
records] list of registered voters on the precinct register ,  40 
it may, by telephone or in writing on election day, 41 
authorize election judges to permit the voter to vote.  The  42 
voter may be required to execute an affidavit of  43 
qualification on a form prescribed by the election authority 44 
before being permitted to vote. 45 
     5.  An election authority may designate any voter as an 46 
inactive voter if the election authority receives from the 47 
United States Postal Servi ce notification that the voter no 48 
longer resides at the address last known to the election 49 
authority and no forwarding address is available, or the 50 
voter fails to respond to the notice authorized in 51 
subdivision (2) of subsection 1 of this section withi n  52 
thirty days after the election authority sends such notice.   53 
Such voter may be designated as an inactive voter only until: 54 
     (1)  The voter returns such notice to the election 55 
authority; 56 
     (2)  The voter provides the election authority with his 57 
or her new address pursuant to the provisions of this 58 
chapter; 59   SB 116 	8 
     (3)  The voter provides a written affirmation that the 60 
voter has not changed residence; or 61 
     (4)  The election authority receives sufficient 62 
information to remove the voter from the list of registered 63 
voters pursuant to this section or section 115.165, or 64 
return the voter to the active list of registered voters in 65 
the jurisdiction. 66 
     6.  An election authority may exclude inactive voters 67 
to determine only: 68 
     (1)  The number of ballots to be printed pursuant to 69 
section 115.247; 70 
     (2)  The proportional costs of elections; or 71 
     (3)  Mailing information to registered voters. 72 
     115.220.  1.  State agencies shall provide to the 1 
secretary of state, on a sche dule to be determined by the 2 
secretary of state, any information and data that the 3 
secretary of state considers necessary to maintain the 4 
statewide voter registration database established according 5 
to section 115.158, except where prohibited by federal law  6 
or federal regulation.  The secretary of state shall ensure 7 
that any information or data provided to the secretary of 8 
state that is confidential in the possession of the entity 9 
providing the data remains confidential while in the 10 
possession of the secretary of state. 11 
     2.  The secretary of state shall enter into agreements 12 
to share information or data that is in the possession of 13 
the secretary of state with other states or groups of 14 
states, as the secretary of state considers necessary, to 15 
maintain the statewide voter registration database.  Except  16 
as otherwise provided in this section, the secretary of 17 
state shall ensure that any information or data provided to 18 
the secretary of state that is confidential remains 19   SB 116 	9 
confidential while in th e possession of the secretary of 20 
state. 21 
     3.  The clerk of each circuit court shall, on or before 22 
the tenth day of each month, prepare and transmit to the 23 
secretary of state, in a format prescribed by the secretary 24 
of state, a complete list of all p ersons, including  25 
addresses, ages, and other identifying information as 26 
specified by the secretary of state, who identify themselves 27 
as not being citizens of the United States during their 28 
qualification to serve as a juror during the preceding 29 
calendar month in that county. 30 
     4.  Upon receipt of the lists described in subsection 3 31 
of this section, the secretary of state shall transmit the 32 
names of such persons whose names appear on the list of 33 
electors to the appropriate election authority who sh all  34 
remove all such names from the voter registration list and 35 
shall mail a notice of such action and the reason therefor 36 
to the last known address of such persons by first -class  37 
mail. 38 
     115.221.  [Notwithstanding any other provisions of law  1 
to the contrary,] 2 
     1.  Each election authority may [have] inspect the  3 
voting records [inspected and may] of all precincts in its 4 
jurisdiction. 5 
     2.  (1)  Each election authority shall investigate the  6 
qualifications of any person who has n ot [voted] engaged in  7 
voter activity or has transferred his or her registration  8 
within the [four] two preceding calendar years. 9 
     (2)  If an election authority determines that a 10 
registered voter has not engaged in voter activity within 11 
the two preceding calendar years, the election authority 12   SB 116 	10 
shall include such registered voter in any canvass conducted 13 
pursuant to section 115.181. 14 
     115.642.  1.  [Any person may file a complaint with the 1 
secretary of state stating the name of any p erson who has  2 
violated any of the provisions of sections 115.629 to 3 
115.646 and stating the facts of the alleged offense, sworn 4 
to, under penalty of perjury. ] There is hereby created the 5 
"Office of Election Crimes and Security" within the office 6 
of the secretary of state.  The secretary of state shall 7 
employ a director and investigators within the office, 8 
subject to appropriation.  The office shall have the 9 
following duties: 10 
     (1)  Responding to notifications and complaints 11 
alleging a violation of this chapter; 12 
     (2)  Reviewing notices and reports of alleged 13 
violations of this chapter and conducting investigations as 14 
deemed necessary; 15 
     (3)  Initiating independent inquiries and conducting 16 
investigations into alleged violations of this ch apter; and 17 
     (4)  Overseeing a voter fraud hotline. 18 
     2.  The office shall review complaints and conduct  19 
investigations into alleged violations of this chapter or  20 
any rule adopted under this chapter.  Within thirty days of 21 
receiving a complaint, t he [secretary of state] office shall  22 
notify the person filing the complaint whether or not the 23 
[secretary] office has dismissed the complaint or will 24 
commence an investigation.  The [secretary of state] office  25 
shall dismiss frivolous complaints.  For purposes of this  26 
subsection, "frivolous complaint" shall mean an allegation 27 
clearly lacking any basis in fact or law.  [Any person who  28 
makes a frivolous complaint pursuant to this section shall 29 
be liable for actual and compensatory damages to the allege d  30   SB 116 	11 
violator for holding the alleged violator before the public 31 
in a false light.  If reasonable grounds appear that the 32 
alleged offense was committed, the secretary of state may 33 
issue a probable cause statement.  If the secretary of state 34 
issues a probable cause statement, he or she may refer the 35 
offense to the appropriate prosecuting attorney. ] 36 
     3.  [Notwithstanding the provisions of section 27.060, 37 
56.060, or 56.430 to the contrary, when requested by the 38 
prosecuting attorney or circuit attorney , the secretary of 39 
state or his or her authorized representatives may aid any 40 
prosecuting attorney or circuit attorney in the commencement 41 
and prosecution of election offenses as provided in sections 42 
115.629 to 115.646. 43 
     4.  (1)  The secretary of state may investigate any 44 
suspected violation of any of the provisions of sections 45 
115.629 to 115.646. 46 
     (2)  (a)  The secretary of state or an authorized 47 
representative of the secretary of state ] (1)  For the  48 
purposes of this section, the office shall have the power to 49 
require the production of books, papers, correspondence, 50 
memoranda, contracts, agreements, and other records by 51 
subpoena or otherwise when necessary to conduct an 52 
investigation under this section.  [Such powers shall be 53 
exercised only at the specific written direction of the 54 
secretary of state or his or her chief deputy. ]  55 
Notwithstanding any other provision of law to the contrary, 56 
investigators conducting an investigation into an alleged 57 
violation of this chapter shall not be restricted from  58 
entering a polling place or the office of the election 59 
authority under investigation. 60 
     [(b)] (2)  If any person refuses to comply with a 61 
subpoena issued under subdivision (1) of this subsection,  62   SB 116 	12 
the secretary of state may seek to en force the subpoena 63 
before a court of competent jurisdiction to require the 64 
production of books, papers, correspondence, memoranda, 65 
contracts, agreements, and other records.  The court may  66 
issue an order requiring the person to produce records 67 
relating to the matter under investigation or in question.   68 
Any person who fails to comply with the order may be held in 69 
contempt of court. 70 
     [(c)  The provisions of this subdivision shall expire 71 
on August 28, 2025.] 72 
     4.  If, during the course of an inve stigation, the  73 
office determines that there may be a violation of any 74 
criminal law or a provision of this chapter, the findings of 75 
the investigation shall be submitted to the attorney general 76 
and the prosecuting or circuit attorney with jurisdiction 77 
for further investigation or prosecution.  This section  78 
shall not limit the jurisdiction of any other office or 79 
agency of the state to investigate violations of this 80 
chapter or any rule adopted under this chapter. 81 
     5.  (1)  Before January fifteenth o f each year, the  82 
office shall submit a report to the governor, the speaker of 83 
the house of representatives, the president pro tempore of 84 
the senate, and the house of representatives and senate 85 
committees with jurisdiction over elections that details 86 
each investigation of alleged violations of this chapter 87 
conducted during the previous calendar year.  The report  88 
shall include the following: 89 
     (a)  The total number of complaints received; 90 
     (b)  The number of independent investigations initiated 91 
or dismissed; and 92 
     (c)  The number of complaints referred to another 93 
agency for further investigation or prosecution. 94   SB 116 	13 
     (2)  For each complaint or investigation listed in 95 
subdivision (1) of this subsection, the report shall detail: 96 
     (a)  The source of the alleged violation; 97 
     (b)  The law or rule allegedly violated and the nature 98 
of the alleged violation; 99 
     (c)  The county in which the alleged violation occurred; 100 
     (d)  Whether the alleged violation was dismissed or 101 
referred to another agency for further investigation or 102 
prosecution and if so, to which agency; and 103 
     (e)  The current status of the investigation or 104 
resulting criminal case. 105 
     6.  The attorney general shall have statewide 106 
investigative authority and shall have c oncurrent authority 107 
with the appropriate prosecuting or circuit attorney over 108 
all violations of the provisions of sections 115.629 to 109 
115.646. 110 
     115.1500.  1.  As used in this section, the term 1 
"communications" means federal directive or guidance  2 
communicated to the state of Missouri through telephonic or 3 
electronic means, through the mail, or through in -person  4 
contact pertaining to elections, including the times, 5 
places, and manner for carrying out elections in Missouri, 6 
received on or after the effective date of this section, by 7 
any state agency or person, group, or entity charged by the 8 
state to administer any official election occurring within 9 
the state.  This includes, but is not limited to, any 10 
guidance issued by the Unite d States Department of Justice 11 
or any other federal executive agency related to new or 12 
existing voting or election laws or procedures. 13 
     2.  Any state agency, whether that agency is involved 14 
in elections or not, or any person, group, or entity charge d  15 
by the state to administer any official election occurring 16   SB 116 	14 
within the state, who receives or responds to a 17 
communication from the United States Department of Justice 18 
or any other federal executive branch agency related to new 19 
or existing voting or e lection laws, shall provide notice to 20 
the governor and general assembly of this communication 21 
within five business days. 22 
     3.  The notice requirement in subsection 2 of this 23 
section shall be presumed to have been met based on the post - 24 
marked date on each letter sent to the governor and general 25 
assembly, through certified mail, outlining the 26 
communication the agency, person, group, or entity received 27 
from or responded to the United States Department of Justice 28 
or any other federal executive agency . 29 
     115.1505.  1.  As used in this section, the term "new 1 
federal election guidance" means any federal directive or 2 
guidance pertaining to elections including the times, 3 
places, and manner for carrying out elections in Missouri 4 
received on or after the effective date of this section, by 5 
a person, group, or entity charged by the state to 6 
administer any official election occurring within Missouri.   7 
This includes, but is not limited to, any guidance issued by 8 
the United States Departme nt of Justice or any other federal 9 
executive agency related to new or existing voting or 10 
election laws. 11 
     2.  Any person, group, or entity charged by the state 12 
of Missouri to administer any official election occurring 13 
within the state who intends to implement any new federal 14 
election guidance pending approval from the general assembly 15 
pursuant to this section, shall provide notice to the 16 
general assembly of its intent to do so at least thirty days 17 
before implementing the guidance. 18   SB 116 	15 
     3.  All new federal election guidance shall be approved 19 
by concurrent resolution approved by a majority of each 20 
house of the general assembly before it is implemented by 21 
any person, group, or entity charged by the state to 22 
administer any official election occurr ing within the state. 23 
     4.  It shall be presumed for purposes of compliance 24 
with this section that the general assembly has approved the 25 
implementation of the new federal election guidance if the 26 
general assembly fails to vote on a concurrent resolut ion  27 
described in subsection 3 of this section within thirty days 28 
from when notice is provided to the general assembly 29 
pursuant to subsection 2 of this section. 30 
     5.  A violation of this section shall result in a fine 31 
in the amount of five thousand d ollars to be levied every 32 
thirty days until the implemented guidance is formally 33 
withdrawn. 34 
     115.1510.  1.  As used in this section, the term "new 1 
federal election funds" shall mean any federal funds 2 
received on or after the effective date of this section, by 3 
a person, group, or entity charged by the state of Missouri 4 
to administer any official election occurring within the 5 
state. 6 
     2.  Any person, group, or entity charged by the state 7 
to administer any official election occurri ng within  8 
Missouri who intends to accept or disperse federal election 9 
funds pending approval from the general assembly pursuant to 10 
this section, shall provide notice to the general assembly 11 
of its intent to do so at least thirty days before accepting 12 
the funds.  If funds have already been accepted, then notice 13 
shall be provided to the general assembly thirty days before 14 
the funds are dispersed. 15   SB 116 	16 
     3.  All new federal election funds shall be approved by 16 
concurrent resolution approved by a majority of each house  17 
of the general assembly before they may be accepted or 18 
dispersed by a person, group, or entity charged by the state 19 
to administer any official election occurring within the 20 
state. 21 
     4.  It shall be presumed for purposes of compliance 22 
with this section that the general assembly has approved the 23 
acceptance and dispersal of new federal election funds if 24 
the general assembly fails to vote on a concurrent 25 
resolution described in subsection 3 of this section within 26 
thirty days from when notice is provided to the general 27 
assembly in accordance with subsection 2 of this section. 28 
     5.  A violation of this section shall result in a fine 29 
in the amount of the new federal election funds accepted or 30 
dispersed in violation of this section pl us an additional  31 
one thousand dollars. 32 
     [115.074.  1.  Subject to appropriation 1 
from federal funds, the secretary of state shall 2 
administer a grant, loan, or other aid program 3 
for the purposes of providing funds to election 4 
authorities to upgrade or improve the voting 5 
process or equipment.  Such funding may be in 6 
the form of matching grants.  The secretary of  7 
state when awarding grants shall give priority 8 
to jurisdictions which have the highest number 9 
of residents according to th e most recent  10 
federal census, with an income below the federal 11 
poverty level as established by the federal 12 
department of health and human services or its 13 
successor agency.  The secretary of state may 14 
promulgate rules to effectuate the provisions of 15 
this section. 16 
     2.  Any rule or portion of a rule, as that 17 
term is defined in section 536.010, that is 18 
created under the authority delegated in this 19 
section shall become effective only if it 20   SB 116 	17 
complies with and is subject to all of the 21 
provisions of chapter 536 and, if applicable, 22 
section 536.028.  This section and chapter 536 23 
are nonseverable and if any of the powers vested 24 
with the general assembly pursuant to chapter 25 
536 to review, to delay the effective date or to 26 
disapprove and annul a rule a re subsequently  27 
held unconstitutional, then the grant of 28 
rulemaking authority and any rule proposed or 29 
adopted after August 28, 2002, shall be invalid 30 
and void.] 31 
     [115.078.  1.  There is hereby created in 1 
the state treasury the "Elec tion Administration 2 
Improvements Fund", which shall consist of 3 
appropriations from the general assembly, any 4 
gifts, contributions, grants, or bequests 5 
received from federal, private, or other sources 6 
for the purpose of improving the administration 7 
of elections within Missouri, including making 8 
payments of election costs as required under 9 
sections 115.065 and 115.077.  The state  10 
treasurer shall be custodian of the fund and 11 
shall make disbursements from the fund in 12 
accordance with sections 30.170 a nd 30.180.   13 
Money in the fund shall be used exclusively for 14 
election administration improvements as directed 15 
by the secretary of state, and to meet the 16 
state's obligations under sections 115.065 and 17 
115.077.  No moneys obtained through the 18 
provisions of this section shall be made a part 19 
of the general operating budget of an election 20 
authority, or used to supplant other federal, 21 
state, or local funds expended for elections.   22 
The secretary of state may transfer moneys from 23 
the fund to the election improvements revolving 24 
loan fund as the secretary deems necessary to 25 
facilitate compliance with the Help America Vote 26 
Act of 2002.  Notwithstanding section 33.080 to 27 
the contrary, any moneys remaining in the fund 28 
at the end of any biennium shall not r evert to  29 
the credit of the general revenue fund.  All  30 
yield, interest, income, increment, or gain 31 
received from time deposit of moneys in the 32   SB 116 	18 
state treasury to the credit of the fund shall 33 
be credited to the fund.  Notwithstanding any 34 
provision of law to the contrary, no amount of 35 
moneys in the fund shall be transferred from the 36 
fund or charged for purposes of the 37 
administration of central services for the state 38 
of Missouri. 39 
     2.  There is hereby created in the state 40 
treasury the "Election Imp rovements Revolving 41 
Loan Fund", which shall consist of all moneys 42 
appropriated to it by the general assembly, all 43 
repayment of moneys from eligible lenders and 44 
any moneys deposited or transferred to the fund 45 
for the purpose of improving the administra tion  46 
of elections through loans.  The state treasurer 47 
shall be custodian of the fund and shall make 48 
disbursements from the fund in accordance with 49 
sections 30.170 and 30.180.  Money in the fund  50 
shall be used solely for improving the 51 
administration of elections through loans.   52 
Notwithstanding section 33.080 to the contrary, 53 
any moneys remaining in the fund shall not 54 
revert to the credit of the general revenue 55 
fund.  All yield, interest, income, increment, 56 
or gain received from time deposit of mone ys in  57 
the state treasury to the credit of the fund 58 
shall be credited to the fund.  Notwithstanding  59 
any provision of law to the contrary, no amount 60 
of moneys in the fund shall be transferred from 61 
the fund or charged for purposes of the 62 
administration of central services for the state 63 
of Missouri.  The secretary of state is 64 
authorized to administer the fund in accordance 65 
with this section and the Help America Vote Act 66 
of 2002, and to promulgate rules to execute this 67 
section.  No rule or portion of a rule  68 
promulgated pursuant to the authority of this 69 
section shall become effective unless it has 70 
been promulgated pursuant to chapter 536. ] 71 
     Section B.  Section A of this act shall become 1 
effective January 1, 2026. 2 
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