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. 417
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CARTER.
0112S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 115.105, 115.123, 115.351, 115.776, and 115.904, RSMo, and to enact in lieu
thereof thirteen new sections relating to reinstating the presidential preference primary
election.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.105, 115.123, 115.351, 115.776, 1
and 115.904, RSMo, are repealed and thirteen new sections 2
enacted in lieu thereof, to be known as sections 115.105, 3
115.123, 115.351, 115.755, 115.758, 115.761, 115.765, 115.767, 4
115.770, 115.773, 115.776, 115.785, and 115.904, to read as 5
follows:6
115.105. 1. The chair of the county committe e of each 1
political party named on the ballot shall have the right to 2
designate a challenger for each polling place, who may be 3
present until all ballots are cast on the day of election, 4
and a challenger for each location at which absentee ballots 5
are counted, who may be present while the ballots are being 6
prepared for counting and counted. No later than four 7
business days before the election, the chair of each county 8
committee of each political party named on the ballot shall 9
provide signed offic ial designation forms with the names of 10
the designated challengers and substitutes to the local 11
election authority for confirmation of eligibility to serve 12
as a challenger. The local election authority, after 13
verifying the eligibility of each designat ed and substitute 14 SB 417 2
challenger, shall sign off on the official designation 15
forms, unless the challenger is found not to have the 16
qualifications established by subsection 4 of this section. 17
If the election authority determines that a challenger does 18
not meet the qualifications of subsection 4 of this section, 19
the designating party chair may designate a replacement 20
challenger and provide the local election authority with the 21
name of the replacement challenger before 5:00 p.m. of the 22
Monday preceding the election. The designating chair may 23
substitute challengers at his or her discretion during such 24
hours. 25
2. Challenges may only be made when the challenger 26
believes the election laws of this state have been or will 27
be violated, and each challen ger shall report any such 28
belief to the election judges, or to the election authority 29
if not satisfied with the decision of the election judges. 30
3. Prior to the close of the polls, challengers may 31
list and give out the names of those who have vote d. The 32
listing and giving out of names of those who have voted by a 33
challenger shall not be considered giving information 34
tending to show the state of the count. 35
4. In a presidential primary election, challengers may 36
collect information about th e party ballot selected by the 37
voter and may disclose party affiliation information after 38
the polls close. 39
5. All persons selected as challengers shall have the 40
same qualifications required by section 115.085 for election 41
judges, except that such challenger shall be a registered 42
voter in the jurisdiction of the election authority for 43
which the challenger is designated as a challenger. 44
[5.] 6. Any challenge by a challenger to a voter's 45
identification for validity shall be made only to the 46 SB 417 3
election judges or other election authority. If the poll 47
challenger is not satisfied with the decision of the 48
election judges, then he or she may report his or her belief 49
that the election laws of this state have been or will be 50
violated to the elect ion authority as allowed under this 51
section. 52
115.123. 1. All public elections shall be held on 1
Tuesday. Except as provided in subsection 2 of this 2
section, and section 247.180, all public elections shall be 3
held on the general ele ction day, the primary election day, 4
the general municipal election day, the first Tuesday after 5
the first Monday in November, or on another day expressly 6
provided by city or county charter, and in nonprimary years 7
on the first Tuesday after the first Monday in August. Bond 8
elections may be held on the first Tuesday after the first 9
Monday in February but no other issue shall be included on 10
the ballot for such election. 11
2. Notwithstanding the provisions of subsection 1 of 12
this section to the c ontrary, an election for a presidential 13
primary held under sections 115.755 to 115.785 shall be held 14
on the first Tuesday after the first Monday in April of each 15
presidential election year. 16
3. The following elections shall be exempt from the 17
provisions of subsection 1 of this section: 18
(1) Bond elections necessitated by fire, vandalism or 19
natural disaster; 20
(2) Elections for which ownership of real property is 21
required by law for voting; 22
(3) Special elections to fill vacancies an d to decide 23
tie votes or election contests; and 24 SB 417 4
(4) Tax elections necessitated by a financial hardship 25
due to a five percent or greater decline in per -pupil state 26
revenue to a school district from the previous year. 27
[3.] 4. Nothing in this section prohibits a charter 28
city or county from having its primary election in March if 29
the charter provided for a March primary before August 28, 30
1999. 31
[4.] 5. Nothing in this section shall prohibit 32
elections held pursuant to section 65.600, but no other 33
issues shall be on the March ballot except pursuant to this 34
chapter. 35
115.351. No person who files as a party candidate for 1
nomination or election to an office shall, without 2
withdrawing, file as another party's candidate or an 3
independent candidate for nomination or election to the 4
office for the same term. No person who files as an 5
independent candidate for election to an office shall, 6
without withdrawing, file as a party candidate for 7
nomination or election to the of fice for the same term. No 8
person shall file for one office and, without withdrawing, 9
file for another office to be filled at the same election. 10
A person who files a request to be included on the 11
presidential primary ballot is not prohibited by this 12
section from filing or appearing on any ballot as a party 13
candidate for nomination to another office. Receipt by the 14
secretary of state of proper certification of nomination 15
pursuant to subsection 1 of section 115.399 constitutes 16
withdrawal by operat ion of law pursuant to subsection 1 of 17
section 115.359 of any presidential or vice presidential 18
nominee from any other office for which such nominee is a 19
candidate at the same election. Any person violating any 20
provision of this section shall be disqu alified from running 21 SB 417 5
for nomination or election to any office at the primary and 22
general election next succeeding the violation. 23
115.755. A statewide presidential preference primary 1
shall be held on the first Tuesday after the first Monday in 2
April of each presidential election year. 3
115.758. On or before the tenth Tuesday prior to the 1
date of the presidential preference primary, the secretary 2
of state shall announce the official list of presidential 3
candidates for each established political party as provided 4
in section 115.761. 5
115.761. 1. The official list of presidential 1
candidates for each established political party shall 2
include the names of all constitutionally qualified 3
candidates for whom, on or after 8:00 a.m. on the fifteenth 4
Tuesday prior to the presidential primary, and on or before 5
5:00 p.m., on the eleventh Tuesday prior to the presidential 6
primary, a written request to be included on the 7
presidential primary ballot is filed with the secretary of 8
state along with: 9
(1) Receipt of payment to the state committee of the 10
established political party on whose ballot the candidate 11
wishes to appear of a filing fee of fifty thousand dollars, 12
provided that such filing fee shall be increased or 13
decreased by the secretary of state on or before the first 14
Tuesday prior to the presidential preference primary by a 15
percentage amount equal to the percentage increase or 16
decrease in the cost of living as of the preceding Decembe r 17
over the level as of December of the immediately preceding 18
presidential election year of the Consumer Price Index for 19
Urban Wage Earners and Clerical Workers (CPI -W) or successor 20
index as published by the U.S. Department of Labor or its 21
successor agency, with the amount of the fee increase or 22 SB 417 6
decrease rounded to the nearest dollar. Any filing fee 23
increase or decrease shall be announced on the official 24
website of the secretary of state and published in the 25
Missouri register; or 26
(2) A written statement, sworn to before an officer 27
authorized by law to administer oaths, that the candidate is 28
unable to pay the filing fee and does not have funds in a 29
campaign fund or committee to pay the filing fee and a 30
petition signed by not less than five thousand registered 31
Missouri voters, as determined by the secretary of state, 32
that the candidate's name be placed on the ballot of the 33
specified established political party for the presidential 34
preference primary. The request to be included on the 35
presidential primary ballot shall include each signer's 36
printed name, registered address, and signature and shall be 37
in substantially the following form: 38
2. The state or national party organization of an 44
established political party that adopts rules imposing 45
signature requirements to be met before a candidate can be 46
listed as an official candidate shall notify the secretary 47
of state by October first of the year preceding the 48
presidential primary. 49
3. Any candidate or such candidate's authorized 50
representative may have such candidate's name stricken from 51
the presidential primary ballot by filing with the secretary 52
of state on or before 5:00 p.m. on the eleventh Tuesday 53
39
40
41
42
43
I (We) the undersigned, do hereby request that the
name of ______ be placed upon the March ______,
______, presidential primary ballot as candidate
for nomination as the nominee for President of the
United States on the ______ party ticket.
SB 417 7
prior to the presidential p rimary election a written 54
statement, sworn to before an officer authorized by law to 55
administer oaths, requesting that such candidate's name not 56
be printed on the official primary ballot. Thereafter, the 57
secretary of state shall not include the name o f that 58
candidate in the official list announced pursuant to section 59
115.758 or in the certified list of candidates transmitted 60
pursuant to section 115.765. 61
4. The filing times set out in this section shall only 62
apply to presidential preference pr imaries, and are in lieu 63
of those established in section 115.349. 64
115.765. On or before the tenth Tuesday prior to a 1
presidential preference primary, the secretary of state 2
shall transmit to each election authority a certified list 3
containing the names of all candidates whose names shall 4
appear on the presidential preference primary ballot of each 5
party. The names of the candidates shall appear in the 6
order in which their request to be included on the 7
presidential primary ball ot was received in the office of 8
the secretary of state, except that, in the case of 9
candidates who file a request to be included on the 10
presidential primary ballot with the secretary of state 11
prior to 5:00 p.m. on the first day for filing, the 12
secretary of state shall determine by random drawing the 13
order in which such candidates' names shall appear on the 14
ballot. The drawing shall be conducted so that each 15
candidate, or candidate's representative, may draw a number 16
at random at the time of filin g. The secretary of state 17
shall record the number drawn with the candidate's request 18
to be included on the presidential primary ballot. The 19
names of candidates filing on the first day for filing on 20 SB 417 8
each party ballot shall be listed in ascending order of the 21
numbers so drawn. 22
115.767. Each election authority shall cause the name 1
of candidates certified by the secretary of state to appear 2
on the presidential preference primary ballot of each party, 3
followed by a listing for an un committed vote. 4
115.770. The conduct of the presidential preference 1
primary election and the count and canvass of the votes cast 2
therein shall conform as nearly as is practicable to that 3
prescribed for the conduct of the primary elec tion for state 4
officers. All primary election laws not inconsistent with 5
the provisions of sections 115.750 to 115.785 shall be 6
applicable to the conduct of this election, and the form of 7
the ballot insofar as is practicable shall be substantially 8
as that prescribed by section 115.395. In a presidential 9
preference primary, each ballot shall contain all candidates 10
for president regardless of political party, and all 11
questions and all candidates submitted by political 12
subdivisions and special distr icts at the general municipal 13
election. 14
115.773. After the count and canvass of the votes 1
cast, the secretary of state shall notify the state chair of 2
each of the established political parties for whom a 3
candidate was listed, of the number of votes recorded in 4
that established political party's primary that each 5
candidate and uncommitted listing received. 6
115.776. The state party organization which is the 1
state organization recognized by the national organizati on 2
of that established political party shall, after the primary 3
and before the national convention, conduct a series of 4
caucuses culminating in congressional and state conventions 5
[for the purpose of nominating a candidate for the president 6 SB 417 9
of the United States]. Delegates to the national 7
conventions shall be chosen at the congressional district 8
and state conventions pursuant to rules established by the 9
political parties. 10
115.785. All costs of a presidential preference 1
primary shall be paid by the state, except that, pursuant to 2
section 115.065, costs shall be shared proportionately by 3
the state and any political subdivisions and special 4
districts holding an election on the same day as any such 5
primary. For any county with more than five hundred polling 6
places, the state shall assist in assuring adequate poll 7
workers and equipment. 8
115.904. The voting procedures in sections 115.900 to 1
115.936 shall apply to: 2
(1) A general, special, presidential preference, or 3
primary election for federal office; 4
(2) A general, special, or primary election for 5
statewide or state legislative office or state ballot 6
measure; or 7
(3) Any election in which absentee voting is conducted 8
pursuant to sections 115.275 to 115.304. 9