Missouri 2025 Regular Session

Missouri Senate Bill SB116 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	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 116
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR BRATTIN.
8	8	0546S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 115.013, 115.074, 115.078, 115.179, 115.181, 115.193, 115.221, and 115.642,
11	11	RSMo, and to enact in lieu thereof ten new sections relating to elections, with 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 115.013, 115.074, 115.078, 115.179, 1
16	16	115.181, 115.193, 115.221, and 115.642, RS Mo, are repealed and 2
17	17	ten new sections enacted in lieu thereof, to be known as 3
18	18	sections 115.013, 115.179, 115.181, 115.193, 115.220, 115.221, 4
19	19	115.642, 115.1500, 115.1505, and 115.1510, to read as follows:5
20	20	115.013. As used in this chapter, unless the context 1
21	21	clearly implies otherwise, the following terms mean: 2
22	22	(1) "Air-gap" or "air-gapped", a security measure in 3
23	23	which equipment is physically and technically isolated from 4
24	24	any network and is not directly connected to the internet 5
25	25	nor is it connected to any other system that is connected to 6
26	26	the internet. Data can only be passed to an air -gapped 7
27	27	device physically via a USB or other removable media; 8
28	28	(2) "Automatic tabulating equipment", the apparatus 9
29	29	necessary to examine and automatically count votes, and the 10
30	30	data processing machines which are used for counting votes 11
31	31	and tabulating results and which are air -gapped and not 12
32	32	physically able to be connected to a network; 13
33	33	(3) "Ballot", the paper ballot, or ballot designed 14
34	34	for use with an electronic voting system on which each voter 15 SB 116 2
35	35	may cast all votes to which he or she is entitled at an 16
36	36	election; 17
37	37	(4) "Ballot label", the card, paper, booklet, page, or 18
38	38	other material containing the names of all offices and 19
39	39	candidates and state ments of all questions to be voted on; 20
40	40	(5) "Counting location", a location selected by the 21
41	41	election authority for the automatic processing or counting, 22
42	42	or both, of ballots; 23
43	43	(6) "County", any county in this state or any city not 24
44	44	within a county; 25
45	45	(7) "Disqualified", a determination made by a court of 26
46	46	competent jurisdiction, the Missouri ethics commission, an 27
47	47	election authority or any other body authorized by law to 28
48	48	make such a determination that a candidate is ineligible to 29
49	49	hold office or not entitled to be voted on for office; 30
50	50	(8) "District", an area within the state or within a 31
51	51	political subdivision of the state from which a person is 32
52	52	elected to represent the area on a policy -making body with 33
53	53	representatives of other areas i n the state or political 34
54	54	subdivision; 35
55	55	(9) "Electronic voting machine", any part of an air - 36
56	56	gapped electronic voting system on which a voter is able to 37
57	57	cast a ballot under this chapter; 38
58	58	(10) "Electronic voting system", a system of casting 39
59	59	votes by use of marking devices, and counting votes by use 40
60	60	of automatic air-gapped tabulating or air -gapped data 41
61	61	processing equipment, including computerized voting systems 42
62	62	that mark or tabulate ballots; 43
63	63	(11) "Established political party" for the sta te, a 44
64	64	political party which, at either of the last two general 45
65	65	elections, polled for its candidate for any statewide office 46
66	66	more than two percent of the entire vote cast for the 47 SB 116 3
67	67	office. "Established political party" for any district or 48
68	68	political subdivision shall mean a political party which 49
69	69	polled more than two percent of the entire vote cast at 50
70	70	either of the last two elections in which the district or 51
71	71	political subdivision voted as a unit for the election of 52
72	72	officers or representatives to serve its area; 53
73	73	(12) "Federal office", the office of presidential 54
74	74	elector, United States senator, or representative in 55
75	75	Congress; 56
76	76	(13) "Independent", a candidate who is not a candidate 57
77	77	of any political party and who is running for an office for 58
78	78	which political party candidates may run; 59
79	79	(14) "Major political party", the political party 60
80	80	whose candidates received the highest or second highest 61
81	81	number of votes at the last general election; 62
82	82	(15) "Marking device", any device approved by the 63
83	83	secretary of state under section 115.225 which will enable 64
84	84	the votes to be counted by automatic tabulating equipment; 65
85	85	(16) "Municipal" or "municipality", a city, village, 66
86	86	or incorporated town of this state; 67
87	87	(17) "New party", any political gr oup which has filed 68
88	88	a valid petition and is entitled to place its list of 69
89	89	candidates on the ballot at the next general or special 70
90	90	election; 71
91	91	(18) "Nonpartisan", a candidate who is not a candidate 72
92	92	of any political party and who is running for an of fice for 73
93	93	which party candidates may not run; 74
94	94	(19) "Political party", any established political 75
95	95	party and any new party; 76
96	96	(20) "Political subdivision", a county, city, town, 77
97	97	village, or township of a township organization county; 78 SB 116 4
98	98	(21) "Polling place", the voting place designated for 79
99	99	all voters residing in one or more precincts for any 80
100	100	election; 81
101	101	(22) "Precincts", the geographical areas into which 82
102	102	the election authority divides its jurisdiction for the 83
103	103	purpose of conducting electi ons; 84
104	104	(23) "Public office", any office established by 85
105	105	constitution, statute or charter and any employment under 86
106	106	the United States, the state of Missouri, or any political 87
107	107	subdivision or special district thereof, but does not 88
108	108	include any office in the Missouri state defense force or 89
109	109	the National Guard or the office of notary public or city 90
110	110	attorney in cities of the third classification or cities of 91
111	111	the fourth classification; 92
112	112	(24) "Question", any measure on the ballot which can 93
113	113	be voted "YES" or "NO"; 94
114	114	(25) "Relative within the second degree by 95
115	115	consanguinity or affinity", a spouse, parent, child, 96
116	116	grandparent, brother, sister, grandchild, mother -in-law, 97
117	117	father-in-law, daughter-in-law, or son-in-law; 98
118	118	(26) "Special district", any school district, water 99
119	119	district, fire protection district, hospital district, 100
120	120	health center, nursing district, or other districts with 101
121	121	taxing authority, or other district formed pursuant to the 102
122	122	laws of Missouri to provide limited, specific services; 103
123	123	(27) "Special election", elections called by any 104
124	124	school district, water district, fire protection district, 105
125	125	or other district formed pursuant to the laws of Missouri to 106
126	126	provide limited, specific services; and 107
127	127	(28) "Voter activity", registering to vote, voting in 108
128	128	an election, signing a petition to form a new political 109
129	129	party, signing a petition for the nomination of an 110 SB 116 5
130	130	independent candidate for office, or signing an initiative 111
131	131	petition; 112
132	132	(29) "Voting district", the one or more precincts 113
133	133	within which all voters vote at a single polling place for 114
134	134	any election. 115
135	135	115.179. [1.] The election authority shall [have] 1
136	136	canvass the registration records of all precincts in its 2
137	137	jurisdiction [canvassed] every two years [in accordance with 3
138	138	subsection 3 of section 115.163 and that it ]. Such canvass 4
139	139	shall be completed no later than ninety days prior to the 5
140	140	date of a primary or general election for federal office. 6
141	141	[The election authority may utilize postal service 7
142	142	contractors under the federal National Change of Address 8
143	143	program to canvass the records. 9
144	144	2. In each jurisdiction without a board of election 10
145	145	commissioners, the county clerk shall have the registration 11
146	146	records of all precincts in its jurisdiction canvassed ever y 12
147	147	two years in accordance with subsection 3 of section 115.163 13
148	148	and that it be completed no later than ninety days prior to 14
149	149	the date of a primary or general election for federal 15
150	150	office.] 16
151	151	115.181. 1. In its discretion, the election a uthority 1
152	152	may order all or any part of a canvass to be made using any 2
153	153	one of the following methods, or any combination thereof: 3
154	154	(1) House-to-house, pursuant to sections 115.185 and 4
155	155	115.187; 5
156	156	(2) Through the United States Postal Service, [or by 6
157	157	both methods] pursuant to section 115.189; or 7
158	158	(3) Through the utilization of postal service 8
159	159	contractors pursuant to the federal National Change of 9
160	160	Address program. 10 SB 116 6
161	161	2. At the discretion of the election authority, [the] 11
162	162	a canvass may be made by including only those voters who did 12
163	163	not vote at the last general election and those voters who 13
164	164	registered since the last general election. 14
165	165	115.193. 1. Upon completion of a canvass as provided 1
166	166	for in this chapter, the election authority shall remove a 2
167	167	registered voter's name [shall not be removed ] from the list 3
168	168	of registered voters on the precinct register on the ground 4
169	169	that the voter has changed residence [unless] if: 5
170	170	(1) The voter confirms in writing that the voter has 6
171	171	changed residence to a place outside the election 7
172	172	authority's jurisdiction in which the voter is registered; or 8
173	173	(2) The voter fails to respond to a notice described 9
174	174	in subsection 3 of this section and has not [voted in an 10
175	175	election] engaged in voter activity during the period 11
176	176	beginning on the date of the notice and ending on the day 12
177	177	after the date of the second general election that occurs 13
178	178	after the date of the notice. 14
179	179	2. The notice referred to in subsection 1, subdivision 15
180	180	(2) of this section shall contain a postage prepaid and 16
181	181	preaddressed return card, sent by forwardable mail, on which 17
182	182	the voter may state the voter's current address. 18
183	183	3. The notice shall also contain the following 19
184	184	statements: 20
185	185	"(1) Any voter who has not chang ed his or her 21
186	186	residence, or has changed residence but remained in the same 22
187	187	election authority's jurisdiction, shall return the card not 23
188	188	later than the fourth Wednesday prior to the next election. 24
189	189	If the card is not returned by this date, oral or writt en 25
190	190	affirmation of the voter's address may be required at the 26
191	191	polling place before the voter will be permitted to vote in 27
192	192	an election during the period beginning on the date of the 28 SB 116 7
193	193	notice and ending on the day after the date of the second 29
194	194	general election that occurs after the date of the notice. 30
195	195	Any voter who does not [vote in an election] engage in voter 31
196	196	activity during that period, will have his or her name 32
197	197	removed from the list of eligible voters; 33
198	198	(2) For additional information on register ing to vote, 34
199	199	contact the election authority located in the county of your 35
200	200	current residence. If you reside in the City of St. Louis, 36
201	201	contact the St. Louis City election board." 37
202	202	4. If the election authority believes that the name of 38
203	203	any voter was improperly removed from the [registration 39
204	204	records] list of registered voters on the precinct register , 40
205	205	it may, by telephone or in writing on election day, 41
206	206	authorize election judges to permit the voter to vote. The 42
207	207	voter may be required to execute an affidavit of 43
208	208	qualification on a form prescribed by the election authority 44
209	209	before being permitted to vote. 45
210	210	5. An election authority may designate any voter as an 46
211	211	inactive voter if the election authority receives from the 47
212	212	United States Postal Servi ce notification that the voter no 48
213	213	longer resides at the address last known to the election 49
214	214	authority and no forwarding address is available, or the 50
215	215	voter fails to respond to the notice authorized in 51
216	216	subdivision (2) of subsection 1 of this section withi n 52
217	217	thirty days after the election authority sends such notice. 53
218	218	Such voter may be designated as an inactive voter only until: 54
219	219	(1) The voter returns such notice to the election 55
220	220	authority; 56
221	221	(2) The voter provides the election authority with his 57
222	222	or her new address pursuant to the provisions of this 58
223	223	chapter; 59 SB 116 8
224	224	(3) The voter provides a written affirmation that the 60
225	225	voter has not changed residence; or 61
226	226	(4) The election authority receives sufficient 62
227	227	information to remove the voter from the list of registered 63
228	228	voters pursuant to this section or section 115.165, or 64
229	229	return the voter to the active list of registered voters in 65
230	230	the jurisdiction. 66
231	231	6. An election authority may exclude inactive voters 67
232	232	to determine only: 68
233	233	(1) The number of ballots to be printed pursuant to 69
234	234	section 115.247; 70
235	235	(2) The proportional costs of elections; or 71
236	236	(3) Mailing information to registered voters. 72
237	237	115.220. 1. State agencies shall provide to the 1
238	238	secretary of state, on a sche dule to be determined by the 2
239	239	secretary of state, any information and data that the 3
240	240	secretary of state considers necessary to maintain the 4
241	241	statewide voter registration database established according 5
242	242	to section 115.158, except where prohibited by federal law 6
243	243	or federal regulation. The secretary of state shall ensure 7
244	244	that any information or data provided to the secretary of 8
245	245	state that is confidential in the possession of the entity 9
246	246	providing the data remains confidential while in the 10
247	247	possession of the secretary of state. 11
248	248	2. The secretary of state shall enter into agreements 12
249	249	to share information or data that is in the possession of 13
250	250	the secretary of state with other states or groups of 14
251	251	states, as the secretary of state considers necessary, to 15
252	252	maintain the statewide voter registration database. Except 16
253	253	as otherwise provided in this section, the secretary of 17
254	254	state shall ensure that any information or data provided to 18
255	255	the secretary of state that is confidential remains 19 SB 116 9
256	256	confidential while in th e possession of the secretary of 20
257	257	state. 21
258	258	3. The clerk of each circuit court shall, on or before 22
259	259	the tenth day of each month, prepare and transmit to the 23
260	260	secretary of state, in a format prescribed by the secretary 24
261	261	of state, a complete list of all p ersons, including 25
262	262	addresses, ages, and other identifying information as 26
263	263	specified by the secretary of state, who identify themselves 27
264	264	as not being citizens of the United States during their 28
265	265	qualification to serve as a juror during the preceding 29
266	266	calendar month in that county. 30
267	267	4. Upon receipt of the lists described in subsection 3 31
268	268	of this section, the secretary of state shall transmit the 32
269	269	names of such persons whose names appear on the list of 33
270	270	electors to the appropriate election authority who sh all 34
271	271	remove all such names from the voter registration list and 35
272	272	shall mail a notice of such action and the reason therefor 36
273	273	to the last known address of such persons by first -class 37
274	274	mail. 38
275	275	115.221. [Notwithstanding any other provisions of law 1
276	276	to the contrary,] 2
277	277	1. Each election authority may [have] inspect the 3
278	278	voting records [inspected and may] of all precincts in its 4
279	279	jurisdiction. 5
280	280	2. (1) Each election authority shall investigate the 6
281	281	qualifications of any person who has n ot [voted] engaged in 7
282	282	voter activity or has transferred his or her registration 8
283	283	within the [four] two preceding calendar years. 9
284	284	(2) If an election authority determines that a 10
285	285	registered voter has not engaged in voter activity within 11
286	286	the two preceding calendar years, the election authority 12 SB 116 10
287	287	shall include such registered voter in any canvass conducted 13
288	288	pursuant to section 115.181. 14
289	289	115.642. 1. [Any person may file a complaint with the 1
290	290	secretary of state stating the name of any p erson who has 2
291	291	violated any of the provisions of sections 115.629 to 3
292	292	115.646 and stating the facts of the alleged offense, sworn 4
293	293	to, under penalty of perjury. ] There is hereby created the 5
294	294	"Office of Election Crimes and Security" within the office 6
295	295	of the secretary of state. The secretary of state shall 7
296	296	employ a director and investigators within the office, 8
297	297	subject to appropriation. The office shall have the 9
298	298	following duties: 10
299	299	(1) Responding to notifications and complaints 11
300	300	alleging a violation of this chapter; 12
301	301	(2) Reviewing notices and reports of alleged 13
302	302	violations of this chapter and conducting investigations as 14
303	303	deemed necessary; 15
304	304	(3) Initiating independent inquiries and conducting 16
305	305	investigations into alleged violations of this ch apter; and 17
306	306	(4) Overseeing a voter fraud hotline. 18
307	307	2. The office shall review complaints and conduct 19
308	308	investigations into alleged violations of this chapter or 20
309	309	any rule adopted under this chapter. Within thirty days of 21
310	310	receiving a complaint, t he [secretary of state] office shall 22
311	311	notify the person filing the complaint whether or not the 23
312	312	[secretary] office has dismissed the complaint or will 24
313	313	commence an investigation. The [secretary of state] office 25
314	314	shall dismiss frivolous complaints. For purposes of this 26
315	315	subsection, "frivolous complaint" shall mean an allegation 27
316	316	clearly lacking any basis in fact or law. [Any person who 28
317	317	makes a frivolous complaint pursuant to this section shall 29
318	318	be liable for actual and compensatory damages to the allege d 30 SB 116 11
319	319	violator for holding the alleged violator before the public 31
320	320	in a false light. If reasonable grounds appear that the 32
321	321	alleged offense was committed, the secretary of state may 33
322	322	issue a probable cause statement. If the secretary of state 34
323	323	issues a probable cause statement, he or she may refer the 35
324	324	offense to the appropriate prosecuting attorney. ] 36
325	325	3. [Notwithstanding the provisions of section 27.060, 37
326	326	56.060, or 56.430 to the contrary, when requested by the 38
327	327	prosecuting attorney or circuit attorney , the secretary of 39
328	328	state or his or her authorized representatives may aid any 40
329	329	prosecuting attorney or circuit attorney in the commencement 41
330	330	and prosecution of election offenses as provided in sections 42
331	331	115.629 to 115.646. 43
332	332	4. (1) The secretary of state may investigate any 44
333	333	suspected violation of any of the provisions of sections 45
334	334	115.629 to 115.646. 46
335	335	(2) (a) The secretary of state or an authorized 47
336	336	representative of the secretary of state ] (1) For the 48
337	337	purposes of this section, the office shall have the power to 49
338	338	require the production of books, papers, correspondence, 50
339	339	memoranda, contracts, agreements, and other records by 51
340	340	subpoena or otherwise when necessary to conduct an 52
341	341	investigation under this section. [Such powers shall be 53
342	342	exercised only at the specific written direction of the 54
343	343	secretary of state or his or her chief deputy. ] 55
344	344	Notwithstanding any other provision of law to the contrary, 56
345	345	investigators conducting an investigation into an alleged 57
346	346	violation of this chapter shall not be restricted from 58
347	347	entering a polling place or the office of the election 59
348	348	authority under investigation. 60
349	349	[(b)] (2) If any person refuses to comply with a 61
350	350	subpoena issued under subdivision (1) of this subsection, 62 SB 116 12
351	351	the secretary of state may seek to en force the subpoena 63
352	352	before a court of competent jurisdiction to require the 64
353	353	production of books, papers, correspondence, memoranda, 65
354	354	contracts, agreements, and other records. The court may 66
355	355	issue an order requiring the person to produce records 67
356	356	relating to the matter under investigation or in question. 68
357	357	Any person who fails to comply with the order may be held in 69
358	358	contempt of court. 70
359	359	[(c) The provisions of this subdivision shall expire 71
360	360	on August 28, 2025.] 72
361	361	4. If, during the course of an inve stigation, the 73
362	362	office determines that there may be a violation of any 74
363	363	criminal law or a provision of this chapter, the findings of 75
364	364	the investigation shall be submitted to the attorney general 76
365	365	and the prosecuting or circuit attorney with jurisdiction 77
366	366	for further investigation or prosecution. This section 78
367	367	shall not limit the jurisdiction of any other office or 79
368	368	agency of the state to investigate violations of this 80
369	369	chapter or any rule adopted under this chapter. 81
370	370	5. (1) Before January fifteenth o f each year, the 82
371	371	office shall submit a report to the governor, the speaker of 83
372	372	the house of representatives, the president pro tempore of 84
373	373	the senate, and the house of representatives and senate 85
374	374	committees with jurisdiction over elections that details 86
375	375	each investigation of alleged violations of this chapter 87
376	376	conducted during the previous calendar year. The report 88
377	377	shall include the following: 89
378	378	(a) The total number of complaints received; 90
379	379	(b) The number of independent investigations initiated 91
380	380	or dismissed; and 92
381	381	(c) The number of complaints referred to another 93
382	382	agency for further investigation or prosecution. 94 SB 116 13
383	383	(2) For each complaint or investigation listed in 95
384	384	subdivision (1) of this subsection, the report shall detail: 96
385	385	(a) The source of the alleged violation; 97
386	386	(b) The law or rule allegedly violated and the nature 98
387	387	of the alleged violation; 99
388	388	(c) The county in which the alleged violation occurred; 100
389	389	(d) Whether the alleged violation was dismissed or 101
390	390	referred to another agency for further investigation or 102
391	391	prosecution and if so, to which agency; and 103
392	392	(e) The current status of the investigation or 104
393	393	resulting criminal case. 105
394	394	6. The attorney general shall have statewide 106
395	395	investigative authority and shall have c oncurrent authority 107
396	396	with the appropriate prosecuting or circuit attorney over 108
397	397	all violations of the provisions of sections 115.629 to 109
398	398	115.646. 110
399	399	115.1500. 1. As used in this section, the term 1
400	400	"communications" means federal directive or guidance 2
401	401	communicated to the state of Missouri through telephonic or 3
402	402	electronic means, through the mail, or through in -person 4
403	403	contact pertaining to elections, including the times, 5
404	404	places, and manner for carrying out elections in Missouri, 6
405	405	received on or after the effective date of this section, by 7
406	406	any state agency or person, group, or entity charged by the 8
407	407	state to administer any official election occurring within 9
408	408	the state. This includes, but is not limited to, any 10
409	409	guidance issued by the Unite d States Department of Justice 11
410	410	or any other federal executive agency related to new or 12
411	411	existing voting or election laws or procedures. 13
412	412	2. Any state agency, whether that agency is involved 14
413	413	in elections or not, or any person, group, or entity charge d 15
414	414	by the state to administer any official election occurring 16 SB 116 14
415	415	within the state, who receives or responds to a 17
416	416	communication from the United States Department of Justice 18
417	417	or any other federal executive branch agency related to new 19
418	418	or existing voting or e lection laws, shall provide notice to 20
419	419	the governor and general assembly of this communication 21
420	420	within five business days. 22
421	421	3. The notice requirement in subsection 2 of this 23
422	422	section shall be presumed to have been met based on the post - 24
423	423	marked date on each letter sent to the governor and general 25
424	424	assembly, through certified mail, outlining the 26
425	425	communication the agency, person, group, or entity received 27
426	426	from or responded to the United States Department of Justice 28
427	427	or any other federal executive agency . 29
428	428	115.1505. 1. As used in this section, the term "new 1
429	429	federal election guidance" means any federal directive or 2
430	430	guidance pertaining to elections including the times, 3
431	431	places, and manner for carrying out elections in Missouri 4
432	432	received on or after the effective date of this section, by 5
433	433	a person, group, or entity charged by the state to 6
434	434	administer any official election occurring within Missouri. 7
435	435	This includes, but is not limited to, any guidance issued by 8
436	436	the United States Departme nt of Justice or any other federal 9
437	437	executive agency related to new or existing voting or 10
438	438	election laws. 11
439	439	2. Any person, group, or entity charged by the state 12
440	440	of Missouri to administer any official election occurring 13
441	441	within the state who intends to implement any new federal 14
442	442	election guidance pending approval from the general assembly 15
443	443	pursuant to this section, shall provide notice to the 16
444	444	general assembly of its intent to do so at least thirty days 17
445	445	before implementing the guidance. 18 SB 116 15
446	446	3. All new federal election guidance shall be approved 19
447	447	by concurrent resolution approved by a majority of each 20
448	448	house of the general assembly before it is implemented by 21
449	449	any person, group, or entity charged by the state to 22
450	450	administer any official election occurr ing within the state. 23
451	451	4. It shall be presumed for purposes of compliance 24
452	452	with this section that the general assembly has approved the 25
453	453	implementation of the new federal election guidance if the 26
454	454	general assembly fails to vote on a concurrent resolut ion 27
455	455	described in subsection 3 of this section within thirty days 28
456	456	from when notice is provided to the general assembly 29
457	457	pursuant to subsection 2 of this section. 30
458	458	5. A violation of this section shall result in a fine 31
459	459	in the amount of five thousand d ollars to be levied every 32
460	460	thirty days until the implemented guidance is formally 33
461	461	withdrawn. 34
462	462	115.1510. 1. As used in this section, the term "new 1
463	463	federal election funds" shall mean any federal funds 2
464	464	received on or after the effective date of this section, by 3
465	465	a person, group, or entity charged by the state of Missouri 4
466	466	to administer any official election occurring within the 5
467	467	state. 6
468	468	2. Any person, group, or entity charged by the state 7
469	469	to administer any official election occurri ng within 8
470	470	Missouri who intends to accept or disperse federal election 9
471	471	funds pending approval from the general assembly pursuant to 10
472	472	this section, shall provide notice to the general assembly 11
473	473	of its intent to do so at least thirty days before accepting 12
474	474	the funds. If funds have already been accepted, then notice 13
475	475	shall be provided to the general assembly thirty days before 14
476	476	the funds are dispersed. 15 SB 116 16
477	477	3. All new federal election funds shall be approved by 16
478	478	concurrent resolution approved by a majority of each house 17
479	479	of the general assembly before they may be accepted or 18
480	480	dispersed by a person, group, or entity charged by the state 19
481	481	to administer any official election occurring within the 20
482	482	state. 21
483	483	4. It shall be presumed for purposes of compliance 22
484	484	with this section that the general assembly has approved the 23
485	485	acceptance and dispersal of new federal election funds if 24
486	486	the general assembly fails to vote on a concurrent 25
487	487	resolution described in subsection 3 of this section within 26
488	488	thirty days from when notice is provided to the general 27
489	489	assembly in accordance with subsection 2 of this section. 28
490	490	5. A violation of this section shall result in a fine 29
491	491	in the amount of the new federal election funds accepted or 30
492	492	dispersed in violation of this section pl us an additional 31
493	493	one thousand dollars. 32
494	494	[115.074. 1. Subject to appropriation 1
495	495	from federal funds, the secretary of state shall 2
496	496	administer a grant, loan, or other aid program 3
497	497	for the purposes of providing funds to election 4
498	498	authorities to upgrade or improve the voting 5
499	499	process or equipment. Such funding may be in 6
500	500	the form of matching grants. The secretary of 7
501	501	state when awarding grants shall give priority 8
502	502	to jurisdictions which have the highest number 9
503	503	of residents according to th e most recent 10
504	504	federal census, with an income below the federal 11
505	505	poverty level as established by the federal 12
506	506	department of health and human services or its 13
507	507	successor agency. The secretary of state may 14
508	508	promulgate rules to effectuate the provisions of 15
509	509	this section. 16
510	510	2. Any rule or portion of a rule, as that 17
511	511	term is defined in section 536.010, that is 18
512	512	created under the authority delegated in this 19
513	513	section shall become effective only if it 20 SB 116 17
514	514	complies with and is subject to all of the 21
515	515	provisions of chapter 536 and, if applicable, 22
516	516	section 536.028. This section and chapter 536 23
517	517	are nonseverable and if any of the powers vested 24
518	518	with the general assembly pursuant to chapter 25
519	519	536 to review, to delay the effective date or to 26
520	520	disapprove and annul a rule a re subsequently 27
521	521	held unconstitutional, then the grant of 28
522	522	rulemaking authority and any rule proposed or 29
523	523	adopted after August 28, 2002, shall be invalid 30
524	524	and void.] 31
525	525	[115.078. 1. There is hereby created in 1
526	526	the state treasury the "Elec tion Administration 2
527	527	Improvements Fund", which shall consist of 3
528	528	appropriations from the general assembly, any 4
529	529	gifts, contributions, grants, or bequests 5
530	530	received from federal, private, or other sources 6
531	531	for the purpose of improving the administration 7
532	532	of elections within Missouri, including making 8
533	533	payments of election costs as required under 9
534	534	sections 115.065 and 115.077. The state 10
535	535	treasurer shall be custodian of the fund and 11
536	536	shall make disbursements from the fund in 12
537	537	accordance with sections 30.170 a nd 30.180. 13
538	538	Money in the fund shall be used exclusively for 14
539	539	election administration improvements as directed 15
540	540	by the secretary of state, and to meet the 16
541	541	state's obligations under sections 115.065 and 17
542	542	115.077. No moneys obtained through the 18
543	543	provisions of this section shall be made a part 19
544	544	of the general operating budget of an election 20
545	545	authority, or used to supplant other federal, 21
546	546	state, or local funds expended for elections. 22
547	547	The secretary of state may transfer moneys from 23
548	548	the fund to the election improvements revolving 24
549	549	loan fund as the secretary deems necessary to 25
550	550	facilitate compliance with the Help America Vote 26
551	551	Act of 2002. Notwithstanding section 33.080 to 27
552	552	the contrary, any moneys remaining in the fund 28
553	553	at the end of any biennium shall not r evert to 29
554	554	the credit of the general revenue fund. All 30
555	555	yield, interest, income, increment, or gain 31
556	556	received from time deposit of moneys in the 32 SB 116 18
557	557	state treasury to the credit of the fund shall 33
558	558	be credited to the fund. Notwithstanding any 34
559	559	provision of law to the contrary, no amount of 35
560	560	moneys in the fund shall be transferred from the 36
561	561	fund or charged for purposes of the 37
562	562	administration of central services for the state 38
563	563	of Missouri. 39
564	564	2. There is hereby created in the state 40
565	565	treasury the "Election Imp rovements Revolving 41
566	566	Loan Fund", which shall consist of all moneys 42
567	567	appropriated to it by the general assembly, all 43
568	568	repayment of moneys from eligible lenders and 44
569	569	any moneys deposited or transferred to the fund 45
570	570	for the purpose of improving the administra tion 46
571	571	of elections through loans. The state treasurer 47
572	572	shall be custodian of the fund and shall make 48
573	573	disbursements from the fund in accordance with 49
574	574	sections 30.170 and 30.180. Money in the fund 50
575	575	shall be used solely for improving the 51
576	576	administration of elections through loans. 52
577	577	Notwithstanding section 33.080 to the contrary, 53
578	578	any moneys remaining in the fund shall not 54
579	579	revert to the credit of the general revenue 55
580	580	fund. All yield, interest, income, increment, 56
581	581	or gain received from time deposit of mone ys in 57
582	582	the state treasury to the credit of the fund 58
583	583	shall be credited to the fund. Notwithstanding 59
584	584	any provision of law to the contrary, no amount 60
585	585	of moneys in the fund shall be transferred from 61
586	586	the fund or charged for purposes of the 62
587	587	administration of central services for the state 63
588	588	of Missouri. The secretary of state is 64
589	589	authorized to administer the fund in accordance 65
590	590	with this section and the Help America Vote Act 66
591	591	of 2002, and to promulgate rules to execute this 67
592	592	section. No rule or portion of a rule 68
593	593	promulgated pursuant to the authority of this 69
594	594	section shall become effective unless it has 70
595	595	been promulgated pursuant to chapter 536. ] 71
596	596	Section B. Section A of this act shall become 1
597	597	effective January 1, 2026. 2
598	598	