| 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. 670 |
|---|
| 6 | 6 | | 103RD GENERAL ASSEMBLY |
|---|
| 7 | 7 | | INTRODUCED BY SENATOR GREGORY (15). |
|---|
| 8 | 8 | | 1320S.01I KRISTINA MARTIN, Secretary |
|---|
| 9 | 9 | | AN ACT |
|---|
| 10 | 10 | | To repeal sections 115.105, 115.123, 115.351, 115.776, and 115.904, RSMo, and to enact in lieu |
|---|
| 11 | 11 | | thereof thirteen new sections relating to reinstating the presidential preference primary |
|---|
| 12 | 12 | | election. |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
|---|
| 15 | 15 | | Section A. Sections 115.105, 115.123, 115.351, 115.776, 1 |
|---|
| 16 | 16 | | and 115.904, RSMo, are repealed and thirteen new sections 2 |
|---|
| 17 | 17 | | enacted in lieu thereof, to be known as sections 115.105, 3 |
|---|
| 18 | 18 | | 115.123, 115.351, 115.755, 115.758, 115.761, 115.765, 115.767, 4 |
|---|
| 19 | 19 | | 115.770, 115.773, 115.776, 115.785, and 115.904, to read as 5 |
|---|
| 20 | 20 | | follows:6 |
|---|
| 21 | 21 | | 115.105. 1. The chair of the cou nty committee of each 1 |
|---|
| 22 | 22 | | political party named on the ballot shall have the right to 2 |
|---|
| 23 | 23 | | designate a challenger for each polling place, who may be 3 |
|---|
| 24 | 24 | | present until all ballots are cast on the day of election, 4 |
|---|
| 25 | 25 | | and a challenger for each location at which absentee ballots 5 |
|---|
| 26 | 26 | | are counted, who may be present while the ballots are being 6 |
|---|
| 27 | 27 | | prepared for counting and counted. No later than four 7 |
|---|
| 28 | 28 | | business days before the election, the chair of each county 8 |
|---|
| 29 | 29 | | committee of each political party named on the ballot shall 9 |
|---|
| 30 | 30 | | provide signed official designation forms with the names of 10 |
|---|
| 31 | 31 | | the designated challengers and substitutes to the local 11 |
|---|
| 32 | 32 | | election authority for confirmation of eligibility to serve 12 |
|---|
| 33 | 33 | | as a challenger. The local election authority, after 13 |
|---|
| 34 | 34 | | verifying the eligibility of e ach designated and substitute 14 SB 670 2 |
|---|
| 35 | 35 | | challenger, shall sign off on the official designation 15 |
|---|
| 36 | 36 | | forms, unless the challenger is found not to have the 16 |
|---|
| 37 | 37 | | qualifications established by subsection 4 of this section. 17 |
|---|
| 38 | 38 | | If the election authority determines that a challeng er does 18 |
|---|
| 39 | 39 | | not meet the qualifications of subsection 4 of this section, 19 |
|---|
| 40 | 40 | | the designating party chair may designate a replacement 20 |
|---|
| 41 | 41 | | challenger and provide the local election authority with the 21 |
|---|
| 42 | 42 | | name of the replacement challenger before 5:00 p.m. of the 22 |
|---|
| 43 | 43 | | Monday preceding the election. The designating chair may 23 |
|---|
| 44 | 44 | | substitute challengers at his or her discretion during such 24 |
|---|
| 45 | 45 | | hours. 25 |
|---|
| 46 | 46 | | 2. Challenges may only be made when the challenger 26 |
|---|
| 47 | 47 | | believes the election laws of this state have been or will 27 |
|---|
| 48 | 48 | | be violated, and each challenger shall report any such 28 |
|---|
| 49 | 49 | | belief to the election judges, or to the election authority 29 |
|---|
| 50 | 50 | | if not satisfied with the decision of the election judges. 30 |
|---|
| 51 | 51 | | 3. Prior to the close of the polls, challengers may 31 |
|---|
| 52 | 52 | | list and give out the names of those w ho have voted. The 32 |
|---|
| 53 | 53 | | listing and giving out of names of those who have voted by a 33 |
|---|
| 54 | 54 | | challenger shall not be considered giving information 34 |
|---|
| 55 | 55 | | tending to show the state of the count. 35 |
|---|
| 56 | 56 | | 4. In a presidential primary election, challengers may 36 |
|---|
| 57 | 57 | | collect information about the party ballot selected by the 37 |
|---|
| 58 | 58 | | voter and may disclose party affiliation information after 38 |
|---|
| 59 | 59 | | the polls close. 39 |
|---|
| 60 | 60 | | 5. All persons selected as challengers shall have the 40 |
|---|
| 61 | 61 | | same qualifications required by section 115.085 for election 41 |
|---|
| 62 | 62 | | judges, except that such challenger shall be a registered 42 |
|---|
| 63 | 63 | | voter in the jurisdiction of the election authority for 43 |
|---|
| 64 | 64 | | which the challenger is designated as a challenger. 44 |
|---|
| 65 | 65 | | [5.] 6. Any challenge by a challenger to a voter's 45 |
|---|
| 66 | 66 | | identification for validity shall be made only to the 46 SB 670 3 |
|---|
| 67 | 67 | | election judges or other election authority. If the poll 47 |
|---|
| 68 | 68 | | challenger is not satisfied with the decision of the 48 |
|---|
| 69 | 69 | | election judges, then he or she may report his or her belief 49 |
|---|
| 70 | 70 | | that the election laws of this state have been or will be 50 |
|---|
| 71 | 71 | | violated to the election authority as allowed under this 51 |
|---|
| 72 | 72 | | section. 52 |
|---|
| 73 | 73 | | 115.123. 1. All public elections shall be held on 1 |
|---|
| 74 | 74 | | Tuesday. Except as provided in subsection 2 of this 2 |
|---|
| 75 | 75 | | section, and section 247.180, all public elections shall be 3 |
|---|
| 76 | 76 | | held on the general election day, the primary election day, 4 |
|---|
| 77 | 77 | | the general municipal election day, the first Tuesday after 5 |
|---|
| 78 | 78 | | the first Monday in November, or on another day expressly 6 |
|---|
| 79 | 79 | | provided by city or county charter, and in nonprimary years 7 |
|---|
| 80 | 80 | | on the first Tuesday afte r the first Monday in August. Bond 8 |
|---|
| 81 | 81 | | elections may be held on the first Tuesday after the first 9 |
|---|
| 82 | 82 | | Monday in February but no other issue shall be included on 10 |
|---|
| 83 | 83 | | the ballot for such election. 11 |
|---|
| 84 | 84 | | 2. Notwithstanding the provisions of subsection 1 of 12 |
|---|
| 85 | 85 | | this section to the contrary, an election for a presidential 13 |
|---|
| 86 | 86 | | primary held under sections 115.755 to 115.785 shall be held 14 |
|---|
| 87 | 87 | | on the second Tuesday in March of each presidential election 15 |
|---|
| 88 | 88 | | year. 16 |
|---|
| 89 | 89 | | 3. The following elections shall be exempt from the 17 |
|---|
| 90 | 90 | | provisions of subsection 1 of this section: 18 |
|---|
| 91 | 91 | | (1) Bond elections necessitated by fire, vandalism or 19 |
|---|
| 92 | 92 | | natural disaster; 20 |
|---|
| 93 | 93 | | (2) Elections for which ownership of real property is 21 |
|---|
| 94 | 94 | | required by law for voting; 22 |
|---|
| 95 | 95 | | (3) Special elections to fill vacancies and to decid e 23 |
|---|
| 96 | 96 | | tie votes or election contests; and 24 SB 670 4 |
|---|
| 97 | 97 | | (4) Tax elections necessitated by a financial hardship 25 |
|---|
| 98 | 98 | | due to a five percent or greater decline in per -pupil state 26 |
|---|
| 99 | 99 | | revenue to a school district from the previous year. 27 |
|---|
| 100 | 100 | | [3.] 4. Nothing in this section pro hibits a charter 28 |
|---|
| 101 | 101 | | city or county from having its primary election in March if 29 |
|---|
| 102 | 102 | | the charter provided for a March primary before August 28, 30 |
|---|
| 103 | 103 | | 1999. 31 |
|---|
| 104 | 104 | | [4.] 5. Nothing in this section shall prohibit 32 |
|---|
| 105 | 105 | | elections held pursuant to section 65.600, but no other 33 |
|---|
| 106 | 106 | | issues shall be on the March ballot except pursuant to this 34 |
|---|
| 107 | 107 | | chapter. 35 |
|---|
| 108 | 108 | | 115.351. No person who files as a party candidate for 1 |
|---|
| 109 | 109 | | nomination or election to an office shall, without 2 |
|---|
| 110 | 110 | | withdrawing, file as another party's candidate or an 3 |
|---|
| 111 | 111 | | independent candidate for nomination or election to the 4 |
|---|
| 112 | 112 | | office for the same term. No person who files as an 5 |
|---|
| 113 | 113 | | independent candidate for election to an office shall, 6 |
|---|
| 114 | 114 | | without withdrawing, file as a party candidate for 7 |
|---|
| 115 | 115 | | nomination or election to the office for t he same term. No 8 |
|---|
| 116 | 116 | | person shall file for one office and, without withdrawing, 9 |
|---|
| 117 | 117 | | file for another office to be filled at the same election. 10 |
|---|
| 118 | 118 | | A person who files a request to be included on the 11 |
|---|
| 119 | 119 | | presidential primary ballot is not prohibited by this 12 |
|---|
| 120 | 120 | | section from filing or appearing on any ballot as a party 13 |
|---|
| 121 | 121 | | candidate for nomination to another office. Receipt by the 14 |
|---|
| 122 | 122 | | secretary of state of proper certification of nomination 15 |
|---|
| 123 | 123 | | pursuant to subsection 1 of section 115.399 constitutes 16 |
|---|
| 124 | 124 | | withdrawal by operation of law pursuant to subsection 1 of 17 |
|---|
| 125 | 125 | | section 115.359 of any presidential or vice presidential 18 |
|---|
| 126 | 126 | | nominee from any other office for which such nominee is a 19 |
|---|
| 127 | 127 | | candidate at the same election. Any person violating any 20 |
|---|
| 128 | 128 | | provision of this section shall be disqualified fr om running 21 SB 670 5 |
|---|
| 129 | 129 | | for nomination or election to any office at the primary and 22 |
|---|
| 130 | 130 | | general election next succeeding the violation. 23 |
|---|
| 131 | 131 | | 115.755. A statewide presidential preference primary 1 |
|---|
| 132 | 132 | | shall be held on the second Tuesday in March of each 2 |
|---|
| 133 | 133 | | presidential election year. 3 |
|---|
| 134 | 134 | | 115.758. On or before the tenth Tuesday prior to the 1 |
|---|
| 135 | 135 | | date of the presidential preference primary, the secretary 2 |
|---|
| 136 | 136 | | of state shall announce the official list of presidential 3 |
|---|
| 137 | 137 | | candidates for each established political party as provided 4 |
|---|
| 138 | 138 | | in section 115.761. 5 |
|---|
| 139 | 139 | | 115.761. 1. The official list of presidential 1 |
|---|
| 140 | 140 | | candidates for each established political party shall 2 |
|---|
| 141 | 141 | | include the names of all constitutionally qualified 3 |
|---|
| 142 | 142 | | candidates for whom, on or after 8:00 a.m . on the fifteenth 4 |
|---|
| 143 | 143 | | Tuesday prior to the presidential primary, and on or before 5 |
|---|
| 144 | 144 | | 5:00 p.m., on the eleventh Tuesday prior to the presidential 6 |
|---|
| 145 | 145 | | primary, a written request to be included on the 7 |
|---|
| 146 | 146 | | presidential primary ballot is filed with the secretary of 8 |
|---|
| 147 | 147 | | state along with: 9 |
|---|
| 148 | 148 | | (1) Receipt of payment to the state committee of the 10 |
|---|
| 149 | 149 | | established political party on whose ballot the candidate 11 |
|---|
| 150 | 150 | | wishes to appear of a filing fee of five thousand dollars; or 12 |
|---|
| 151 | 151 | | (2) A written statement, sworn to before an officer 13 |
|---|
| 152 | 152 | | authorized by law to administer oaths, that the candidate is 14 |
|---|
| 153 | 153 | | unable to pay the filing fee and does not have funds in a 15 |
|---|
| 154 | 154 | | campaign fund or committee to pay the filing fee and a 16 |
|---|
| 155 | 155 | | petition signed by not less than five thousand registered 17 |
|---|
| 156 | 156 | | Missouri voters, as d etermined by the secretary of state, 18 |
|---|
| 157 | 157 | | that the candidate's name be placed on the ballot of the 19 |
|---|
| 158 | 158 | | specified established political party for the presidential 20 |
|---|
| 159 | 159 | | preference primary. The request to be included on the 21 |
|---|
| 160 | 160 | | presidential primary ballot shall include ea ch signer's 22 SB 670 6 |
|---|
| 161 | 161 | | printed name, registered address, and signature and shall be 23 |
|---|
| 162 | 162 | | in substantially the following form: 24 |
|---|
| 163 | 163 | | 2. The state or national party organization of an 30 |
|---|
| 164 | 164 | | established political party that adopts rul es imposing 31 |
|---|
| 165 | 165 | | signature requirements to be met before a candidate can be 32 |
|---|
| 166 | 166 | | listed as an official candidate shall notify the secretary 33 |
|---|
| 167 | 167 | | of state by October first of the year preceding the 34 |
|---|
| 168 | 168 | | presidential primary. 35 |
|---|
| 169 | 169 | | 3. Any candidate or such candidate's autho rized 36 |
|---|
| 170 | 170 | | representative may have such candidate's name stricken from 37 |
|---|
| 171 | 171 | | the presidential primary ballot by filing with the secretary 38 |
|---|
| 172 | 172 | | of state on or before 5:00 p.m. on the eleventh Tuesday 39 |
|---|
| 173 | 173 | | prior to the presidential primary election a written 40 |
|---|
| 174 | 174 | | statement, sworn to before an officer authorized by law to 41 |
|---|
| 175 | 175 | | administer oaths, requesting that such candidate's name not 42 |
|---|
| 176 | 176 | | be printed on the official primary ballot. Thereafter, the 43 |
|---|
| 177 | 177 | | secretary of state shall not include the name of that 44 |
|---|
| 178 | 178 | | candidate in the official list ann ounced pursuant to section 45 |
|---|
| 179 | 179 | | 115.758 or in the certified list of candidates transmitted 46 |
|---|
| 180 | 180 | | pursuant to section 115.765. 47 |
|---|
| 181 | 181 | | 4. The filing times set out in this section shall only 48 |
|---|
| 182 | 182 | | apply to presidential preference primaries, and are in lieu 49 |
|---|
| 183 | 183 | | of those established in section 115.349. 50 |
|---|
| 184 | 184 | | 115.765. On or before the tenth Tuesday prior to a 1 |
|---|
| 185 | 185 | | presidential preference primary, the secretary of state 2 |
|---|
| 186 | 186 | | shall transmit to each election authority a certified list 3 |
|---|
| 187 | 187 | | 25 |
|---|
| 188 | 188 | | 26 |
|---|
| 189 | 189 | | 27 |
|---|
| 190 | 190 | | 28 |
|---|
| 191 | 191 | | 29 |
|---|
| 192 | 192 | | I (We) the undersigned, do hereby request that the |
|---|
| 193 | 193 | | name of ______ be placed upon the March ______, |
|---|
| 194 | 194 | | ______, presidential primary ballot as candidate |
|---|
| 195 | 195 | | for nomination as the nominee for President of the |
|---|
| 196 | 196 | | United States on the ______ party ticket. |
|---|
| 197 | 197 | | SB 670 7 |
|---|
| 198 | 198 | | containing the names of all candidates w hose names shall 4 |
|---|
| 199 | 199 | | appear on the presidential preference primary ballot of each 5 |
|---|
| 200 | 200 | | party. The names of the candidates shall appear in the 6 |
|---|
| 201 | 201 | | order in which their request to be included on the 7 |
|---|
| 202 | 202 | | presidential primary ballot was received in the office of 8 |
|---|
| 203 | 203 | | the secretary of state, except that, in the case of 9 |
|---|
| 204 | 204 | | candidates who file a request to be included on the 10 |
|---|
| 205 | 205 | | presidential primary ballot with the secretary of state 11 |
|---|
| 206 | 206 | | prior to 5:00 p.m. on the first day for filing, the 12 |
|---|
| 207 | 207 | | secretary of state shall determine by random dra wing the 13 |
|---|
| 208 | 208 | | order in which such candidates' names shall appear on the 14 |
|---|
| 209 | 209 | | ballot. The drawing shall be conducted so that each 15 |
|---|
| 210 | 210 | | candidate, or candidate's representative, may draw a number 16 |
|---|
| 211 | 211 | | at random at the time of filing. The secretary of state 17 |
|---|
| 212 | 212 | | shall record the number drawn with the candidate's request 18 |
|---|
| 213 | 213 | | to be included on the presidential primary ballot. The 19 |
|---|
| 214 | 214 | | names of candidates filing on the first day for filing on 20 |
|---|
| 215 | 215 | | each party ballot shall be listed in ascending order of the 21 |
|---|
| 216 | 216 | | numbers so drawn. 22 |
|---|
| 217 | 217 | | 115.767. Each election authority shall cause the name 1 |
|---|
| 218 | 218 | | of candidates certified by the secretary of state to appear 2 |
|---|
| 219 | 219 | | on the presidential preference primary ballot of each party, 3 |
|---|
| 220 | 220 | | followed by a listing for an uncommitted vote. 4 |
|---|
| 221 | 221 | | 115.770. The conduct of the presidential preference 1 |
|---|
| 222 | 222 | | primary election and the count and canvass of the votes cast 2 |
|---|
| 223 | 223 | | therein shall conform as nearly as is practicable to that 3 |
|---|
| 224 | 224 | | prescribed for the conduct of the primary election for state 4 |
|---|
| 225 | 225 | | officers. All primary election laws not inconsistent with 5 |
|---|
| 226 | 226 | | the provisions of sections 115.750 to 115.785 shall be 6 |
|---|
| 227 | 227 | | applicable to the conduct of this election, and the form of 7 |
|---|
| 228 | 228 | | the ballot insofar as is practicable shall be substantially 8 |
|---|
| 229 | 229 | | as that prescribed by section 115.395. In a presidential 9 SB 670 8 |
|---|
| 230 | 230 | | preference primary, each voter shall be entitled to receive 10 |
|---|
| 231 | 231 | | the ballot of one and only one established political party, 11 |
|---|
| 232 | 232 | | designated by the voter before receiving such voter's 12 |
|---|
| 233 | 233 | | ballot. Each voter who participates in a presidential 13 |
|---|
| 234 | 234 | | preference primary shall be entitled to vote on all 14 |
|---|
| 235 | 235 | | questions and for any candidates submitted by political 15 |
|---|
| 236 | 236 | | subdivisions and special districts at the general municipal 16 |
|---|
| 237 | 237 | | election. Each voter who does not wish to participate in a 17 |
|---|
| 238 | 238 | | presidential preference primary may vote on all questions 18 |
|---|
| 239 | 239 | | and for any candidates submitted by a political subdivision 19 |
|---|
| 240 | 240 | | or special district. 20 |
|---|
| 241 | 241 | | 115.773. After the count and canvass of the votes 1 |
|---|
| 242 | 242 | | cast, the secretary of state shall notify the state chair of 2 |
|---|
| 243 | 243 | | each of the established political parties for whom a 3 |
|---|
| 244 | 244 | | candidate was listed of the number of votes recorded in that 4 |
|---|
| 245 | 245 | | established political party's primary that each candidate 5 |
|---|
| 246 | 246 | | and uncommitted listing received. 6 |
|---|
| 247 | 247 | | 115.776. The state party organization whi ch is the 1 |
|---|
| 248 | 248 | | state organization recognized by the national organization 2 |
|---|
| 249 | 249 | | of that established political party shall, after the primary 3 |
|---|
| 250 | 250 | | and before the national convention, conduct a series of 4 |
|---|
| 251 | 251 | | caucuses culminating in congressional and state conventions 5 |
|---|
| 252 | 252 | | [for the purpose of nominating a candidate for the president 6 |
|---|
| 253 | 253 | | of the United States ]. Delegates to the national 7 |
|---|
| 254 | 254 | | conventions shall be chosen at the congressional district 8 |
|---|
| 255 | 255 | | and state conventions pursuant to rules established by the 9 |
|---|
| 256 | 256 | | political parties. 10 |
|---|
| 257 | 257 | | 115.785. All costs of a presidential preference 1 |
|---|
| 258 | 258 | | primary shall be paid by the state, except that, pursuant to 2 |
|---|
| 259 | 259 | | section 115.065, costs shall be shared proportionately by 3 |
|---|
| 260 | 260 | | the state and any political subdivisions and special 4 |
|---|
| 261 | 261 | | districts holding an election on the same day as any such 5 SB 670 9 |
|---|
| 262 | 262 | | primary. For any county with more than five hundred polling 6 |
|---|
| 263 | 263 | | places, the state shall assist in assuring adequate poll 7 |
|---|
| 264 | 264 | | workers and equipment. 8 |
|---|
| 265 | 265 | | 115.904. The voting procedures in sections 11 5.900 to 1 |
|---|
| 266 | 266 | | 115.936 shall apply to: 2 |
|---|
| 267 | 267 | | (1) A general, special, presidential preference, or 3 |
|---|
| 268 | 268 | | primary election for federal office; 4 |
|---|
| 269 | 269 | | (2) A general, special, or primary election for 5 |
|---|
| 270 | 270 | | statewide or state legislative office or state ballot 6 |
|---|
| 271 | 271 | | measure; or 7 |
|---|
| 272 | 272 | | (3) Any election in which absentee voting is conducted 8 |
|---|
| 273 | 273 | | pursuant to sections 115.275 to 115.304. 9 |
|---|
| 274 | 274 | | |
|---|