Modifies provisions for elections

SECOND REGULAR SESSION
HOUSE BILL NO. 3263
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE SIMMONS.
6515H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 1 15.013, 1 15.074, 1 15.078, 1 15.105, 1 15.107, 1 15.1 1 1, 1 15.158, 1 15.179,
1 15.181, 1 15.193, 1 15.221, 1 15.642, 1 16.030, 1 16.040, 1 16.050, 1 16.080, 1 16.090,
1 16.1 10, 1 16.130, 1 16.200, and 1 16.332, RSMo, and section 1 16.190 as enacted by
senate bill no. 22, one hundred third general assembly , first regular session, section
1 16.190 as enacted by senate bill no. 104, ninety-eighth general assembly , first regular
session, section 1 16.334 as enacted by senate bill no. 22, one hundred third general
assembly , first regular session, and section 1 16.334 as enacted by house bill no. 1 17,
ninety-seventh general assembly , first regular session, and to enact in lieu thereof
thirty new sections relating to elections, with penalty provisions and a delayed
ef fective date for certain sections.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 1 15.013, 1 15.074, 1 15.078, 1 15.105, 1 15.107, 1 15.1 1 1, 1 15.158,
2 1 15.179, 1 15.181, 1 15.193, 1 15.221, 1 15.642, 1 16.030, 1 16.040, 1 16.050, 1 16.080, 1 16.090,
3 1 16.1 10, 1 16.130, 1 16.200, and 1 16.332, RSMo, and section 1 16.190 as enacted by senate bill
4 no. 22, one hundred third general assembly , first regular session, section 1 16.190 as enacted
5 by senate bill no. 104, ninety-eighth general assembly , first regular session, section 1 16.334
6 as enacted by senate bill no. 22, one hundred third general assembly , first regular session, and
7 section 1 16.334 as enacted by house bill no. 1 17, ninety-seventh general assembly , first
8 regular session, are repealed and thirty new sections enacted in lieu thereof, to be known as
9 sections 1 15.013, 1 15.028, 1 15.105, 1 15.107, 1 15.158, 1 15.179, 1 15.181, 1 15.193, 1 15.214,
10 1 15.220, 1 15.221, 1 15.224, 1 15.642, 1 15.1049, 1 15.1500, 1 15.1505, 1 15.1510, 1 15.1600,
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
11 1 16.030, 1 16.040, 1 16.045, 1 16.050, 1 16.080, 1 16.090, 1 16.1 10, 1 16.130, 1 16.190, 1 16.200,
12 1 16.332, and 1 16.334, to read as follows:
1 15.013. As used in this chapter , unless the context clearly implies otherwise, the
2 following terms mean:
3 (1) "Air -gap" or "air- gapped", a security measure in which equipment is physically
4 and technically isolated from any network and is not directly connected to the internet nor is it
5 connected to any other system that is connected to the internet. Data can only be passed to an
6 air -gapped device physically via a USB or other removable media;
7 (2) "Audit log", a time-sequenced, tamper -evident r ecord automatically
8 generated by voting systems or election management systems that refl ects user access,
9 system events, softwar e and hardware status, adjudication actions, err or conditions, and
10 tabulation activities;
11 (3) "Automatic tabulating equipment", the apparatus necessary to examine and
12 automatically count votes, and the data processing machines which are used for counting
13 votes and tabulating results and which are air -gapped and not physically able to be connected
14 to a network;
15 [ (3) ] (4) "Ballot", the paper ballot, or ballot designed for use with an electronic
16 voting system on which each voter may cast all votes to which he or she is entitled at an
17 election;
18 [ (4) ] (5) "Ballot image", a digitized image of a voted ballot card cr eated by an
19 optical scanner or other certified tabulator during the counting pro cess;
20 (6) "Ballot label", the card, paper , booklet, page, or other material containing the
21 names of all of fices and candidates and statements of all questions to be voted on;
22 [ (5) ] (7) "Cast vote reco rd (CVR)", a digital record of voter selections captur ed
23 fr om a single, individual ballot as interpr eted by a certified tabulator;
24 (8) "Counting location", a location selected by the election authority for the automatic
25 processing or counting, or both, of ballots;
26 [ (6) ] (9) "County", any county in this state or any city not within a county;
27 [ (7) ] (10) "Curing", any post-ret urn contact, outreach, or solicitation by an
28 election authority or its agent inviting or permitting a voter to add, change, or supply
29 information or a signatur e to make a r eturned absentee ballot or mail-in ballot
30 countable. "Curing" shall not include the issuance of a notice of r ejection, the voter's
31 choice to vote a repl acement ballot befor e r eturn or to vote in person, or proce dures
32 r equir ed by federal law for covered voters under sections 1 15.275 to 1 15.936;
33 (1 1) "Disqualified", a determination made by a court of competent jurisdiction, the
34 Missouri ethics commission, an election authority or any other body authorized by law to
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35 make such a determination that a candidate is ineligible to hold of fice or not entitled to be
36 voted on for of fice;
37 [ (8) ] (12) "District", an area within the state or within a political subdivision of the
38 state from which a person is elected to represent the area on a policy-making body with
39 representatives of other areas in the state or political subdivision;
40 [ (9) ] (13) "Electronic voting machine", any part of an air -gapped electronic voting
41 system on which a voter is able to cast a ballot under this chapter;
42 [ (10) ] (14) "Electronic voting system", a system of casting votes by use of marking
43 devices, and counting votes by use of automatic air -gapped tabulating or air -gapped data
44 processing equipment, including computerized voting systems that mark or tabulate ballots;
45 [ (1 1) ] (15) "Established political party" for the state, a political party which, at either
46 of the last two general elections, polled for its candidate for any statewide of fice more than
47 two percent of the entire vote cast for the of fice. "Established political party" for any district
48 or political subdivision shall mean a political party which polled more than two percent of the
49 entire vote cast at either of the last two elections in which the district or political subdivision
50 voted as a unit for the election of of ficers or representatives to serve its area;
51 [ (12) ] (16) "Federal of fice", the of fice of presidential elector , United States senator , or
52 representative in Congress;
53 [ (13) ] (17) "Independent", a candidate who is not a candidate of any political party
54 and who is running for an of fice for which political party candidates may run;
55 [ (14) ] (18) "Major political party", the political party whose candidates received the
56 highest or second highest number of votes at the last general election;
57 [ (15) ] (19) "Marking device", any device approved by the secretary of state under
58 section 1 15.225 which will enable the votes to be counted by automatic tabulating equipment;
59 [ (16) ] (20) "Municipal" or "municipality", a city , village, or incorporated town of this
60 state;
61 [ (17) ] (21) "New party", any political group which has filed a valid petition and is
62 entitled to place its list of candidates on the ballot at the next general or special election;
63 [ (18) ] (22) "Nonpartisan", a candidate who is not a candidate of any political party
64 and who is running for an of fice for which party candidates may not run;
65 [ (19) ] (23) "Political party", any established political party and any new party;
66 [ (20) ] (24) "Political subdivision", a county , city , town, village, or township of a
67 township or ganization county;
68 [ (21) ] (25) "Polling place", the voting place designated for all voters residing in one
69 or more precincts for any election;
70 [ (22) ] (26) "Precincts", the geographical areas into which the election authority
71 divides its jurisdiction for the purpose of conducting elections;
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72 [ (23) ] (27) "Public of fice", any of fice established by constitution, statute or charter
73 and any employment under the United States, the state of Missouri, or any political
74 subdivision or special district thereof, but does not include any office in the Missouri state
75 defense force or the National Guard or the of fice of notary public or city attorney in cities of
76 the third classification or cities of the fourth classification;
77 [ (24) ] (28) "Question", any measure on the ballot which can be voted "YES" or
78 "NO";
79 [ (25) ] (29) "Relative within the second degree by consanguinity or af finity", a spouse,
80 parent, child, grandparent, brother , sister , grandchild, mother -in-law , father -in-law , daughter-
81 in-law , or son-in-law;
82 [ (26) ] (30) "Special district", any school district, water district, fire protection district,
83 hospital district, health center , nursing district, or other districts with taxing authority , or other
84 district formed pursuant to the laws of Missouri to provide limited, specific services;
85 [ (27) ] (31) "Special election", elections called by any school district, water district,
86 fire protection district, or other district formed pursuant to the laws of Missouri to provide
87 limited, specific services; and
88 [ (28) ] (32) "V oter activity", reg istering to vote, voting in an election, signing a
89 petition to form a new political party , signing a petition for the nomination of an
90 independent candidate for office, or signing an initiative petition;
91 (33) "V oting district", the one or more precincts within which all voters vote at a
92 single polling place for any election.
1 15.028. 1. The department of health and senior services shall, on a monthly
2 basis, prov ide the secr etary of state with a repor t of every death certificate filed with the
3 department in the pr eceding month.
4 2. The secr etary of state shall, upon receip t of the report requ ired under
5 subsection 1 of this section, notify appr opriate local election authorities of the deaths.
6 3. The local election authority shall rem ove fr om its voter ro lls any names
7 r eceived fr om the secr etary of the state under subsection 2 of this section.
1 15.105. 1. The chair of the county committee of each political party named on the
2 ballot shall have the right to designate a challenger for each polling place, who may be
3 present until all ballots are cast on the day of election, and a challenger for each location at
4 which absentee ballots are counted, who may be present while the ballots are being prepared
5 for counting and counted. No later than four business days before the election, the chair of
6 each county committee of each political party named on the ballot shall provide signed
7 of ficial designation forms with the names of the designated challengers and substitutes to the
8 local election authority for confirmation of eligibility to serve as a challenger . The local
9 election authority , after verifying the eligibility of each designated and substitute challenger ,
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10 shall sign of f on the of ficial designation forms, unless the challenger is found not to have the
11 qualifications established by subsection 4 of this section. If the election authority determines
12 that a challenger does not meet the qualifications of subsection 4 of this section, the
13 designating party chair may designate a replacement challenger and provide the local election
14 authority with the name of the replacement challenger before 5:00 p.m. of the Monday
15 preceding the election. The designating chair may substitute challengers at his or her
16 discretion during such hours.
17 2. Challenges may only be made when the challenger believes the election laws of
18 this state have been or will be violated, and each challenger shall report any such belief to the
19 election judges, or to the election authority if not satisfied with the decision of the election
20 judges.
21 3. Prior to the close of the polls, challengers may list and give out the names of those
22 who have voted. The listing and giving out of names of those who have voted by a challenger
23 shall not be considered giving information tending to show the state of the count.
24 4. All persons selected as challengers shall [have the same qualifications required by
25 section 1 15.085 for election judges, except that such challenger shall be a registered voter in
26 the jurisdiction of the election authority for which the challenger is designated as a
27 challenger] be r esidents of the state of Missouri and re gistered voters in the state. They
28 do not need to be r egister ed voters in the jurisdiction of the election authority for which
29 the challenger is a designated challenger .
30 5. Any challenge by a challenger to a voter's identification for validity shall be made
31 only to the election judges or other election authority . If the poll challenger is not satisfied
32 with the decision of the election judges, then he or she may report his or her belief that the
33 election laws of this state have been or will be violated to the election authority as allowed
34 under this section.
35 6. (1) Any challenger may be rem oved fr om a polling place if the individual
36 engages in any violation of law or misconduct including, but not limited to:
37 (a) Physically obstructing a voter fro m entering or exiting a polling place or
38 marking a ballot;
39 (b) Attempting to influence a voter's choice or engage in electioneering;
40 (c) Handling original marked ballots, voting equipment, or the electr onic voter
41 r egistration system without expr ess legal authorization;
42 (d) Intentionally creat ing noise or disturbance that pr events election judges fr om
43 performing their statutory duties; or
44 (e) Persistently addr essing voters dir ectly after being instructed by an election
45 judge to addr ess all concerns only to the election judges or authority .
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46 (2) Except in cases of immediate physical thr eat or violation of ballot secr ecy , if
47 any challenger engages in a violation of law or misconduct under subdivision (1) of this
48 subsection:
49 (a) Election judges shall ask a challenger to leave or cease the interfere nce;
50 (b) If the interfer ence continues, the election judges shall notify the election
51 authority , who shall take action as he or she deems necessary;
52 (c) It shall be the duty of the police, if reque sted by the election authority or
53 election judges, to exclude any challenger fro m the polling place.
54 (3) If a challenger is r emoved, the political party or committee that designated
55 the challenger shall have the right to designate a rep lacement immediately , provi ded he
56 or she meets the r equir ements of this section.
1 15.107. 1. [ At every election, ] The chairman of the county committee of each
2 political party named on the ballot shall have the right to designate a watcher for each place
3 votes are counted.
4 2. W atchers [ are to observe the counting of the votes and present ] may be pr esent
5 and observe the counting of the votes and may present any complaint of irregularity or law
6 violation to the election judges, or to the election authority if not satisfied with the decision of
7 the election judges. No watcher may be substituted for another on election day .
8 3. No watcher shall report to anyone the name of any person who has or has not
9 voted.
10 4. A watcher may remain present until all closing certification forms are completed,
11 all equipment is closed and taken down, the transportation case for the ballots is sealed,
12 election materials are returned to the election authority or to the designated collection place
13 for a polling place, and any other duties or procedures required under sections 1 15.447 to
14 1 15.491 are completed. A watcher may also remain present at each location at which
15 absentee ballots are counted and may remain present while such ballots are being prepared for
16 counting and counted and shall have uniform nondiscriminatory access to observe all
17 stages of the election pr ocess including, but not limited to, the certification of election
18 technologies, in-person absentee voting, canvassing, elector appeals, vote tabulation,
19 ballot transport, auditing, and r ecounts .
20 5. All persons selected as watchers shall [have the same qualifications required by
21 section 1 15.085 for election judges, except that such watcher shall be a registered voter in the
22 jurisdiction of the election authority for which the watcher is designated as a watcher] be
23 r esidents of the state of Missouri and reg istered voters in the state. W atchers shall not
24 be requ ired to be regi stered voters in the jurisdiction of the election authority for which
25 the watcher is designated as a watcher .
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26 6. The election authority shall clearly designate observation ar eas for election
27 watchers. The observation areas shall be not less than thr ee feet nor mor e than six feet
28 fr om the table at which electors announce their name and addr ess to be issued a voter
29 number at the polling place, office, or alternate site and not less than thr ee feet nor mor e
30 than six feet fr om the table at which a person may regist er to vote at the polling place,
31 office, or alternate site. The observation area s shall be so positioned to permit any
32 election observer to readil y observe all public aspects of the voting pr ocess.
33 7. An election watcher shall wear a badge with his or her name and the name of
34 the political party the individual is rep res enting.
35 8. An election watcher shall not wear any campaign material advocating voting
36 for or against a candidate or for or against any position on a ballot question.
37 9. (1) Any watcher may be rem oved fr om a polling place or counting location if
38 the individual engages in any violation of law or misconduct including, but not limited
39 to:
40 (a) Physically obstructing a voter fro m entering or exiting a polling place or
41 marking a ballot;
42 (b) Attempting to influence a voter's choice or engage in electioneering;
43 (c) Handling original marked ballots, voting equipment, or the electr onic voter
44 r egistration system without expr ess legal authorization;
45 (d) Intentionally creat ing noise or disturbance that pr events election judges fr om
46 performing their statutory duties; or
47 (e) Persistently addr essing voters dir ectly after being instructed by an election
48 judge to addr ess all concerns only to the election judges or authority .
49 (2) Except in cases of immediate physical thr eat or violation of ballot secr ecy , if
50 any watcher engages in a violation of law or misconduct under subdivision (1) of this
51 subsection:
52 (a) Election judges shall ask a challenger to leave or cease the interfere nce;
53 (b) If the interfer ence continues, the election judges shall notify the election
54 authority , who shall take action as he or she deems necessary;
55 (c) It shall be the duty of the police, if reque sted by the election authority or
56 election judges, to exclude any watcher fro m the polling place or the place wher e votes
57 ar e being counted.
58 (3) If a watcher is rem oved, the political party or committee that designated the
59 watcher shall have the right to designate a r eplacement immediately , pr ovided he or she
60 meets the re quir ements of this section.
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61 10. An election watcher shall not interfer e with any elector in the pre paration or
62 casting of the elector's ballot or hinder or preven t the performance of the duties of any
63 election official.
64 1 1. An election watcher is entitled to bring in voter lists to observe.
65 12. Any election authority or election judge who violates this section is guilty of a
66 class D misdemeanor .
1 15.158. 1. The secretary of state shall implement a centralized, interactive
2 computerized statewide voter registration list. This computerized list shall be known as the
3 "Missouri V oter Registration System". The system shall be implemented by January 1, 2004,
4 unless a waiver is obtained pursuant to the Help America V ote Act of 2002. If a waiver is
5 obtained, the system shall be implemented by January 1, 2006. The system shall be
6 maintained and administered by the secretary of state and contain the name and registration
7 information of every legally registered voter in Missouri. In addition, the system shall:
8 (1) Assign a unique identifier to each legally registered voter in Missouri;
9 (2) Serve as the single system for storing and managing the of ficial list of registered
10 voters throughout Missouri;
11 (3) Be coordinated with other agency databases in Missouri;
12 (4) Allow any election of ficial in Missouri, including local election authorities,
13 immediate electronic access to the information contained in the system;
14 (5) Allow all voter registration information obtained by any local election of ficial in
15 Missouri to be electronically entered into the system on an expedited basis at the time the
16 information is provided to the local of ficial. The secretary of state, as the chief state election
17 of ficial, shall provide such support as may be required so that local election of ficials are able
18 to enter the registration information; and
19 (6) Serve as the of ficial voter registration list for the conduct of all elections in
20 Missouri.
21 2. The secretary of state and local election authorities shall perform system
22 maintenance on a regular basis, which shall include:
23 (1) Removing names in accordance with the provisions and procedures of the
24 National V oter Registration Act of 1993 and coordinating system maintenance activities with
25 state agency records on death and felony status;
26 (2) Requiring the name of each registered voter to appear in the system;
27 (3) Removing only voters who are not registered or who are not eligible to vote; and
28 (4) Eliminating duplicate names from the system.
29 3. The secretary of state shall provide adequate technological security measures to
30 prevent the unauthorized access to the system established pursuant to this section.
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31 4. The secretary of state shall develop procedures to ensure that voter registration
32 records within the system are accurate and updated regularly . At a minimum, the procedures
33 shall include:
34 (1) A system of file maintenance that makes a reasonable effor t to remove registrants
35 who are ineligible to vote. Consistent with the National V oter Registration Act of 1993,
36 registrants who have not responded to a notice and who have not voted in two consecutive
37 general elections for federal of fice shall be removed from the of ficial list of eligible voters,
38 except that no registrant may be removed solely by reason of a failure to vote; and
39 (2) Safeguards to ensure that eligible voters are not removed in error .
40 5. V oter registration information shall be verified in accordance with the Help
41 America V ote Act of 2002.
42 (1) Except as provided in subdivision (2) of this subsection, an application for voter
43 registration may not be accepted or processed unless the application includes:
44 (a) In the case of an applicant who has been issued a current and valid driver's license,
45 the applicant's driver's license number; or
46 (b) In the case of any other applicant, other than an applicant to whom subdivision (2)
47 applies, the last four digits of the applicant's Social Security number .
48 (2) If an applicant for voter registration has not been issued a current and valid
49 driver's license or a Social Security number , the applicant shall be assigned a number which
50 will serve to identify the applicant for voter registration purposes. The number assigned
51 under this subdivision shall be used as the unique identifying number within the system.
52 (3) The secretary of state and the director of the department of revenue shall enter into
53 an agreement to match information in the database of the voter registration system with
54 information in the database of the motor vehicle system , which shall include information
55 pertaining to the citizenship status of those within the department of r evenue's database,
56 to enable the secretary to verify the accuracy of information provided on applications for
57 voter registration.
58 (4) The director of the department of revenue shall enter into an agreement with the
59 commissioner of Social Security and comply with the Help America V ote Act of 2002.
60 (5) In addition to the agreements described in subdivisions (3) and (4) of this
61 subsection, the secr etary of state shall enter into, maintain, and implement an
62 agr eement or memorandum of understanding with the Department of Homeland
63 Security , or its designee, to utilize the Systematic Alien V erification for Entitlements
64 (SA VE) pr ogram for the sole purpose of verifying the citizenship status of register ed
65 voters and voter reg istration applicants.
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66 (6) The secr etary of state shall conduct SA VE verifications at least twice each
67 calendar year and upon each registra tion where available data indicates potential
68 noncitizenship.
69 (7) Befor e any action based in whole or in part on SA VE information, the
70 election authority shall prov ide the re gistered voter or applicant written notice and at
71 least thirty days to respond with acceptable evidence of citizenship. A regi stered voter
72 shall not be rem oved fro m the voter roll s within ninety days of a federal election, except
73 at the voter's requ est or upon recei pt of a final judgment of ineligibility . The secr etary
74 of state shall by rule specify acceptable evidence and uniform notice forms and shall
75 track and r eport the aggr egate number of notices issued and outcomes of each
76 investigation.
77 (8) The secr etary of state may pr omulgate all necessary rules and r egulations for
78 the administration of subdivisions (5) to (7) of this subsection. Any rule or portion of a
79 rule, as that term is defined in section 536.010, that is crea ted under the authority
80 delegated in this section shall become effective only if it complies with and is subject to
81 all of the pr ovisions of chapter 536 and, if applicable, section 536.028. This section and
82 chapter 536 are nonseverable and if any of the powers vested with the general assembly
83 pursuant to chapter 536 to revi ew , to delay the effective date, or to disappr ove and annul
84 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
85 and any rule prop osed or adopted after August 28, 2026, shall be invalid and void.
86 6. In addition to using the system for voter registration, the election authorities and
87 secretary of state may use the system for the collection and dissemination of election results
88 and other pertinent information. Any information contained in any state or local voter
89 registration system, limited to the master voter registration list or any other list generated
90 from the information, subject to chapter 610, shall not be used for commercial purposes;
91 provided, however , that the information may be used for elections, for candidates, or for
92 ballot measures, furnished at a reasonable fee. V iolation of this section shall be a class B
93 misdemeanor . For purposes of this section, "commercial purposes" means the use of a public
94 record for the purpose of sale or resale or for the purpose of producing a document containing
95 all or part of the copy , printout, or photograph for sale or the obtaining of names and
96 addresses from public records for the purpose of solicitation or the sale of names and
97 addresses to another for the purpose of solicitation or for any purpose in which the purchaser
98 can reasonably anticipate the receipt of monetary gain from the direct or indirect use of the
99 public record.
100 7. The secretary of state shall establish an advisory committee to assist in the
101 establishment and maintenance of the Missouri voter registration system.
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102 8. The secretary of state may promulgate rules to execute this section. No rule or
103 portion of a rule promulgated pursuant to the authority of this section shall become ef fective
104 unless it has been promulgated pursuant to chapter 536.
105 9. Election authorities and any agency required under the National V oter Registration
106 Act of 1993 to accept voter registration applications shall forward registration and other data
107 in a manner prescribed by the secretary of state to assist with administering and maintaining
108 the Missouri voter registration system in accordance with the Help America V ote Act of 2002.
1 15.179. [ 1. ] The election authority shall [ have ] canvass the registration records of
2 all precincts in its jurisdiction [ canvassed ] every two years [ in accordance with subsection 3
3 of section 1 15.163 and that it ] . Such canvass shall be completed no later than ninety days
4 prior to the date of a primary or general election for federal of fice. [The election authority
5 may utilize postal service contractors under the federal National Change of Address program
6 to canvass the records.
7 2. In each jurisdiction without a board of election commissioners, the county clerk
8 shall have the registration records of all precincts in its jurisdiction canvassed every two years
9 in accordance with subsection 3 of section 1 15.163 and that it be completed no later than
10 ninety days prior to the date of a primary or general election for federal of fice.]
1 15.181. 1. In its discretion, the election authority may order all or any part of a
2 canvass to be made using any one of the following methods, or any combination ther eof:
3 (1) House-to-house, pursuant to sections 1 15.185 and 1 15.187;
4 (2) Through the United States Postal Service, [ or by both methods ] pursuant to
5 section 1 15.189; or
6 (3) Throu gh the utilization of postal service contractors pursuant to the federal
7 National Change of Addr ess pr ogram .
8 2. At the discretion of the election authority , [ the ] a canvass may be made by
9 including only those voters who did not vote at the last general election and those voters who
10 registered since the last general election.
1 15.193. 1. Upon completion of a canvass as provided for in this chapter , the
2 election authority shall r emove a registered voter's name [ shall not be removed ] from the
3 list of registered voters on the pr ecinct re gister on the ground that the voter has changed
4 residence [ unless ] if :
5 (1) The voter confirms in writing that the voter has changed residence to a place
6 outside the election authority's jurisdiction in which the voter is registered; or
7 (2) The voter fails to respond to a notice described in subsection 3 of this section and
8 has not [ voted in an election ] engaged in voter activity during the period beginning on the
9 date of the notice and ending on the day after the date of the second general election that
10 occurs after the date of the notice.
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11 2. The notice referred to in subsection 1, subdivision (2) of this section shall contain a
12 postage prepaid and preaddressed return card, sent by forwardable mail, on which the voter
13 may state the voter's current address.
14 3. The notice shall also contain the following statements:
15 "(1) Any voter who has not changed his or her residence, or has changed residence
16 but remained in the same election authority's jurisdiction, shall return the card not later than
17 the fourth W ednesday prior to the next election. If the card is not returned by this date, oral or
18 written af firmation of the voter's address may be required at the polling place before the voter
19 will be permitted to vote in an election during the period beginning on the date of the notice
20 and ending on the day after the date of the second general election that occurs after the date of
21 the notice. Any voter who does not [ vote in an election ] engage in voter activity during that
22 period, will have his or her name removed from the list of eligible voters;
23 (2) For additional information on registering to vote, contact the election authority
24 located in the county of your current residence. If you reside in the City of St. Louis, contact
25 the St. Louis City election board."
26 4. If the election authority believes that the name of any voter was improperly
27 removed from the [ registration records ] list of regi stered voters on the pr ecinct register , it
28 may , by telephone or in writing on election day , authorize election judges to permit the voter
29 to vote. The voter may be required to execute an af fidavit of qualification on a form
30 prescribed by the election authority before being permitted to vote.
31 5. An election authority may designate any voter as an inactive voter if the election
32 authority receives from the United States Postal Service notification that the voter no longer
33 resides at the address last known to the election authority and no forwarding address is
34 available, or the voter fails to respond to the notice authorized in subdivision (2) of subsection
35 1 of this section within thirty days after the election authority sends such notice. Such voter
36 may be designated as an inactive voter only until:
37 (1) The voter returns such notice to the election authority;
38 (2) The voter provides the election authority with his or her new address pursuant to
39 the provisions of this chapter;
40 (3) The voter provides a written af firmation that the voter has not changed residence;
41 or
42 (4) The election authority receives suff icient information to remove the voter from
43 the list of registered voters pursuant to this section or section 1 15.165, or return the voter to
44 the active list of registered voters in the jurisdiction.
45 6. An election authority may exclude inactive voters to determine only:
46 (1) The number of ballots to be printed pursuant to section 1 15.247;
47 (2) The proportional costs of elections; or
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48 (3) Mailing information to registered voters.
1 15.214. 1. No election authority , and no person acting on behalf of an election
2 authority , shall engage in curing, as defined in section 1 15.013, for any absentee or mail
3 ballot after the ballot has been ret urned to the election authority .
4 2. A ballot r eturned without the voter's signature, req uired notarization or
5 attestation, or other r equir ement specified by law shall be rej ected and shall not be
6 made countable by the addition, alteration, or supplementation of information after
7 r eturn.
8 3. W ithin four business days after rej ections, the election authority shall mail or
9 electr onically transmit a notice of r ejection to the voter stating each reas on for rej ection
10 and informing the voter of any available options to vote in person or by pr ovisional
11 ballot under existing law .
12 4. Nothing in this section shall be construed to:
13 (1) Restrict the ability of a voter to obtain and vote a repl acement absentee or
14 mail ballot prior to r eturning the ballot;
15 (2) Restrict any pr ocedur es requ ired by federal law for covered voters under
16 sections 1 15.275 to 1 15.936; or
17 (3) Pr ohibit a voter from voting in person on election day where otherwise
18 permitted by law .
19 5. The secr etary of state may promul gate all necessary rules and r egulations for
20 the administration of this section. Any rule or portion of a rule, as that term is defined
21 in section 536.010, that is creat ed under the authority delegated in this section shall
22 become effective only if it complies with and is subject to all of the provi sions of chapter
23 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
24 and if any of the powers vested with the general assembly pursuant to chapter 536 to
25 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
26 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
27 adopted after August 28, 2026, shall be invalid and void.
1 15.220 . 1. State agencies shall pro vide to the secr etary of state, on a schedule to
2 be determined by the secr etary of state, any information and data that the secr etary of
3 state considers necessary to maintain the statewide voter r egistration database
4 established according to section 1 15.158, except wher e proh ibited by federal law or
5 federal regu lation. The secr etary of state shall ensur e that any information or data
6 pr ovided to the secr etary of state that is confidential in the possession of the entity
7 pr oviding the data rem ains confidential while in the possession of the secr etary of state.
8 2. The secr etary of state shall enter into agreements to share information or data
9 that is in the possession of the secr etary of state with other states or group s of states, as
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10 the secr etary of state considers necessary , to maintain the statewide voter regi stration
11 database. Except as otherwise pr ovided in this section, the secr etary of state shall
12 ensur e that any information or data provi ded to the secr etary of state that is
13 confidential rem ains confidential while in the possession of the secr etary of state.
14 3. The clerk of each cir cuit court shall, on or before the tenth day of each month,
15 pr epar e and transmit to the secr etary of state, in a format prescrib ed by the secr etary of
16 state, a complete list of all persons, including addr esses, ages, and other identifying
17 information as specified by the secr etary of state, who identify themselves as not being
18 citizens of the United States during their qualification to serve as a jur or during the
19 pr eceding calendar month in that county .
20 4. Upon recei pt of the lists described in subsection 3 of this section, the secr etary
21 of state shall transmit the names of such persons whose names appear on the list of
22 electors to the appr opriate election authority who shall rem ove all such names fr om the
23 voter reg istration list and shall mail a notice of such action and the r eason ther efor to
24 the last known addr ess of such persons by first-class mail.
1 15.221. [Notwithstanding any other provisions of law to the contrary ,]
2 1. Each election authority may [ have ] inspect the voting records [ inspected and may ]
3 of all precin cts in its jurisdiction.
4 2. (1) Each election authority shall investigate the qualifications of any person who
5 has not [ voted ] engaged in voter activity or has transferred his or her registration within the
6 [ four ] two preceding calendar years.
7 (2) If an election authority determines that a reg istered voter has not engaged in
8 voter activity within the two pr eceding calendar years, the election authority shall
9 include such regi stered voter in any canvass conducted pursuant to section 1 15.181.
1 15.224. 1. Prior to the certification of the election res ults, the accuracy
2 certification team shall randomly select not less than fifteen percent of all election
3 pr ecincts thr ough the use of a random drawing, but not less than one precin ct, in order
4 to conduct a manual r ecount by hand of selected contested races and ballot issues in the
5 selected preci ncts. Random selection of the pr ecincts shall be open to any member of the
6 public, and the election authority shall notify the public of the time and place of the
7 selection process no later than forty-eight hours prior to the beginning of the selection
8 pr ocess by posting a notice in a pro minent place, which is easily accessible to the public
9 and clearly designated for that purpose, at the principal office of the election authority .
10 2. Recount of the randomly selected pr ecincts shall be conducted in the following
11 manner:
12 (1) The election authority shall select not less than one manual r ecount team
13 made up of no fewer than two people selected fro m lists pr ovided by the chairs of the
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14 two major political parties within the county , except when an election authority is a
15 board of election commissioners, the election authority may designate persons of its own
16 choosing. Each person so appointed shall have the qualifications of and take the oath of
17 office pr escribed for election judges in section 1 15.091;
18 (2) For the selected pr ecincts, the manual recou nt team shall unseal the
19 appr opriate ballot containers and manually recou nt by hand certain randomly selected
20 contested races and ballot issues; and
21 (3) One contested race or ballot issue to be manually reco unted by hand shall be
22 randomly selected fr om each of the following categories, wher e applicable:
23 (a) Pr esidential and vice-pres idential electors, United States senate candidates,
24 and state-wide candidates;
25 (b) State-wide ballot issues;
26 (c) United States r epre sentative candidates and state general assembly
27 candidates;
28 (d) Partisan circu it and associate circu it judge candidates and all nonpartisan
29 judicial ret ention candidates;
30 (e) In addition to the candidates and issues prev iously listed, the manual r ecount
31 team shall select not less than one contested race or ballot issue fr om all political
32 subdivisions and special districts, including the county , in the selected pre cincts; and
33 (f) In addition to the candidates and issues pr eviously listed, the manual r ecount
34 team shall select all races in which the margin of victory between the two top candidates
35 is equal to or less than one-half of one per cent of the number of votes cast for the office
36 or issue.
37 3. If the r esults of the manual recou nt of the selected races and ballot issues
38 differ by mor e than one-half of one percen t fro m the res ults of the electr onically
39 tabulated vote r esults, the manual recou nt team shall immediately notify the election
40 authority , who shall investigate the causes of any discr epancy and res olve any
41 discr epancies prior to the date of certification set forth in section 1 15.507.
42 4. Upon completion of the manual recou nt, the manual recoun t team shall res eal
43 the ballots and other support materials in the appr opriate containers. The res ults of the
44 manual rec ount shall be r eported on certificates pr ovided by the secr etary of state. One
45 copy shall be filed with the secr etary of state within four weeks of the election date and
46 one copy shall be filed with the public records of the election.
47 5. The secr etary of state may make grant funds available to reim burse election
48 authorities for the cost of conducting manual r ecounts.
1 15.642. 1. [ Any person may file a complaint with the secretary of state stating the
2 name of any person who has violated any of the provisions of sections 1 15.629 to 1 15.646 and
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3 stating the facts of the alleged of fense, sworn to, under penalty of perjury . ] Ther e is here by
4 cr eated the "Office of Election Crimes and Security" within the office of the secr etary of
5 state. The secr etary of state shall employ a director and investigators within the office,
6 subject to appr opriation. The office shall have the following duties:
7 (1) Responding to notifications and complaints alleging a violation of this
8 chapter;
9 (2) Reviewing notices and r eports of alleged violations of this chapter and
10 conducting investigations as deemed necessary;
11 (3) Initiating independent inquiries and conducting investigations into alleged
12 violations of this chapter; and
13 (4) Overseeing a voter fraud hotline.
14 2. The office shall revi ew complaints and conduct investigations into alleged
15 violations of this chapter or any rule adopted under this chapter . W ithin thirty days of
16 receiving a complaint, the [ secretary of state ] office shall notify the person filing the
17 complaint whether or not the [ secretary ] office has dismissed the complaint or will commence
18 an investigation. The [ secretary of state ] office shall dismiss frivolous complaints. For
19 purposes of this subsection, "frivolous complaint" shall mean an allegation clearly lacking
20 any basis in fact or law . [ Any person who makes a frivolous complaint pursuant to this
21 section shall be liable for actual and compensatory damages to the alleged violator for holding
22 the alleged violator before the public in a false light. If reasonable grounds appear that the
23 alleged of fense was committed, the secretary of state may issue a probable cause statement.
24 If the secretary of state issues a probable cause statement, he or she may refer the of fense to
25 the appropriate prosecuting attorney . ]
26 3. [Notwithstanding the provisions of section 27.060, 56.060, or 56.430 to the
27 contrary , when requested by the prosecuting attorney or circuit attorney , the secretary of state
28 or his or her authorized representatives may aid any prosecuting attorney or circuit attorney in
29 the commencement and prosecution of election of fenses as provided in sections 1 15.629 to
30 1 15.646.
31 4. (1) The secretary of state may investigate any suspected violation of any of the
32 provisions of sections 1 15.629 to 1 15.646.
33 (2) (a) The secretary of state or an authorized representative of the secretary of state ]
34 (1) For the purposes of this section, the office shall have the power to require the
35 production of books, papers, correspondence, memoranda, contracts, agreements, and other
36 records by subpoena or otherwise when necessary to conduct an investigation under this
37 section. [ Such powers shall be exercised only at the specific written direction of the secretary
38 of state or his or her chief deputy . ] Notwithstanding any other pr ovision of law to the
39 contrary , investigators conducting an investigation into an alleged violation of this
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40 chapter shall not be r estricted fr om entering a polling place or the office of the election
41 authority under investigation.
42 [ (b) ] (2) If any person refuses to comply with a subpoena issued under subdivision
43 (1) of this subsection, the secretary of state may seek to enforce the subpoena before a court
44 of competent jurisdiction to require the production of books, papers, correspondence,
45 memoranda, contracts, agreements, and other records. The court may issue an order requiring
46 the person to produce records relating to the matter under investigation or in question. Any
47 person who fails to comply with the order may be held in contempt of court.
48 [ (c) The provisions of this subdivision shall expire on August 28, 2025.]
49 4. If, during the course of an investigation, the office determines that ther e may
50 be a violation of any criminal law or a pr ovision of this chapter , the findings of the
51 investigation shall be submitted to the attorney general and the pr osecuting or cir cuit
52 attorney with jurisdiction for further investigation or pr osecution. This section shall not
53 limit the jurisdiction of any other office or agency of the state to investigate violations of
54 this chapter or any rule adopted under this chapter .
55 5. (1) Befor e January fifteenth of each year , the office shall submit a report to
56 the governor , the speaker of the house of repr esentatives, the pr esident pr o tempor e of
57 the senate, and the house of repr esentatives and senate committees with jurisdiction
58 over elections that details each investigation of alleged violations of this chapter
59 conducted during the pre vious calendar year . The repo rt shall include the following:
60 (a) The total number of complaints r eceived;
61 (b) The number of independent investigations initiated or dismissed; and
62 (c) The number of complaints r eferre d to another agency for further
63 investigation or pr osecution.
64 (2) For each complaint or investigation listed in subdivision (1) of this
65 subsection, the r eport shall detail:
66 (a) The sour ce of the alleged violation;
67 (b) The law or rule allegedly violated and the nature of the alleged violation;
68 (c) The county in which the alleged violation occurr ed;
69 (d) Whether the alleged violation was dismissed or r eferr ed to another agency
70 for further investigation or prosecution and if so, to which agency; and
71 (e) The curr ent status of the investigation or r esulting criminal case.
72 6. The attorney general shall have statewide investigative authority and shall
73 have concurr ent authority with the appr opriate prosecuting or circu it attorney over all
74 violations of the pr ovisions of sections 1 15.629 to 1 15.646.
1 15.1049. 1. Notwithstanding any pr ovision of chapter 610 to the contrary , the
2 following election r ecords are public records subject to inspection and copying after
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3 certification of res ults and expiration of the time for filing a reco unt or election contest,
4 whichever is later:
5 (1) System audit logs, tabulator logs, adjudication logs, and chain of custody
6 logs;
7 (2) Ballot images pr oduced by a certified tabulation device;
8 (3) Cast vote record s (CVRs); and
9 (4) Ballot definition files, election configuration repor ts, media hash logs, and
10 exportable res ults repo rts.
11 2. An election authority shall not disclose any record under subsection 1 of this
12 section that can be r easonably linked to an individual voter including, but not limited to:
13 (1) Absentee or mail ballot envelopes, applications, or stubs bearing a voter's
14 name, addr ess, identification number , bar code linked to the voter , or signatures ;
15 (2) Any mapping, ordering, or index that rev eals the sequence in which
16 individual voters cast ballots; or
17 (3) Ballot images or CVRs that contain unique marks or featur es that would
18 r easonably enable identification of a voter .
19 3. Records listed under subsection 2 of this section shall be r eleased after the
20 election authority completes reas onable red actions, shuffling, or aggr egation techniques
21 to preve nt linking of re cords to individual voters. The election authority shall document
22 and disclose any steps taken under this subsection.
23 4. Records disclosed under this section shall be prov ided in a r easonably usable
24 electr onic format, together with any standard vendor export specifications in the
25 election authority's possession. Election authorities may charge only the fees authorized
26 by chapter 610 for electr onic record s.
27 5. Nothing in this section requ ires the cre ation of reco rds not otherwise
28 generated in the ordinary course of election administration and nothing authorizes the
29 connection of tabulation devices to any network in violation of section 1 15.013 or other
30 laws.
31 6. The secr etary of state shall issue guidance establishing uniform pr ocedur es for
32 r edaction and rel ease of information consistent with this section.
1 15.1500 . 1. As used in this section, the term "communications" means federal
2 dir ective or guidance communicated to the state of Missouri thr ough telephonic or
3 electr onic means, thr ough the mail, or thr ough in-person contact pertaining to elections,
4 including the times, places, and manner for carrying out elections in Missouri, receiv ed
5 on or after the effective date of this section, by any state agency or person, grou p, or
6 entity charged by the state to administer any official election occurring within the state.
7 This includes, but is not limited to, any guidance issued by the United States Department
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8 of Justice or any other federal executive agency relat ed to new or existing voting or
9 election laws or proce dures.
10 2. Any state agency , whether that agency is involved in elections, or any person,
11 gr oup, or entity charged by the state to administer any official election occurring within
12 the state, that rece ives or res ponds to a communication fro m the United States
13 Department of Justice or any other federal executive branch agency relat ed to new or
14 existing voting or election laws, shall pr ovide notice to the governor and general
15 assembly of this communication within five business days.
16 3. The notice req uire ment in subsection 2 of this section shall be pr esumed to
17 have been met based on the postmarked date on each letter sent to the governor and
18 general assembly , thr ough certified mail, outlining the communication the agency ,
19 person, gr oup, or entity received fr om or res ponded to the United States Department of
20 Justice or any other federal executive agency .
1 15.1505 . 1. As used in this section, the term "new federal election guidance"
2 means any federal dir ective or guidance pertaining to elections, including the times,
3 places, and manner for carrying out elections in Missouri receive d on or after the
4 effective date of this section, by a person, gro up, or entity charged by the state to
5 administer any official election occurring within Missouri. This includes, but is not
6 limited to, any guidance issued by the United States Department of Justice or any other
7 federal executive agency relat ed to new or existing voting or election laws.
8 2. Any person, gr oup, or entity charged by the state of Missouri to administer
9 any official election occurring within the state who intends to implement any new
10 federal election guidance pending appr oval fr om the general assembly pursuant to this
11 section shall prov ide notice to the general assembly of its intent to do so at least thirty
12 days before implementing the guidance.
13 3. All new federal election guidance shall be appr oved by concurr ent re solution
14 appr oved by a majority of each house of the general assembly before it is implemented
15 by any person, grou p, or entity charged by the state to administer any official election
16 occurring within the state.
17 4. It shall be presum ed for purposes of compliance with this section that the
18 general assembly has appr oved the implementation of the new federal election guidance
19 if the general assembly fails to vote on a concurr ent res olution described in subsection 3
20 of this section within thirty days fr om when notice is prov ided to the general assembly
21 pursuant to subsection 2 of this section.
22 5. A violation of this section shall r esult in a fine in the amount of five thousand
23 dollars to be levied every thirty days until the implemented guidance is formally
24 withdrawn.
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1 15.1510 . 1. As used in this section, the term "new federal election funds" shall
2 mean any federal funds received on or after the effective date of this section, by a
3 person, group , or entity charged by the state of Missouri to administer any official
4 election occurring within the state.
5 2. Any person, group , or entity charged by the state to administer any official
6 election occurring within Missouri who intends to accept or disburse federal election
7 funds pending appr oval fr om the general assembly pursuant to this section shall provi de
8 notice to the general assembly of its intent to do so at least thirty days before accepting
9 the funds. If funds have alr eady been accepted, notice shall be pr ovided to the general
10 assembly thirty days before the funds ar e disbursed.
11 3. All new federal election funds shall be appr oved by concurr ent r esolution
12 appr oved by a majority of each house of the general assembly befor e such may be
13 accepted or disbursed by a person, grou p, or entity charged by the state to administer
14 any official election occurring within the state.
15 4. It shall be presum ed for purposes of compliance with this section that the
16 general assembly has appr oved the acceptance and disbursal of new federal election
17 funds if the general assembly fails to vote on a concurr ent r esolution described in
18 subsection 3 of this section within thirty days fr om when notice is pro vided to the
19 general assembly in accordance with subsection 2 of this section.
20 5. A violation of this section shall r esult in a fine in the amount of the new federal
21 election funds accepted or disbursed in violation of this section, plus an additional one
22 thousand dollars.
1 15.1600 . 1. For purposes of this section, the following terms mean:
2 (1) "Donation", a payment, gift, subscription, loan, advance, deposit, or
3 anything of value given to a person without consideration;
4 (2) "Election administration", to participate in any way in the proce ss of
5 conducting and implementing an election. Election administration for the purposes of
6 this section does not include post-election canvass, recou nt, contest, and audit proce sses;
7 (3) "Election officer", individuals who administer , implement, or oversee
8 election-r elated policies, proced ures , or technologies on behalf of any political
9 subdivision or the secr etary of state. Election officers include, but are not limited to,
10 the secr etary of state, any election authority , any member of a redi stricting commission,
11 or any of the afor ementioned individual's agents, employees, r epresent atives, or assigns;
12 (4) "Foreig n donation", a donation provi ded by a for eign national;
13 (5) "Foreig n national", any of the following:
14 (a) An individual who is not a citizen of the United States;
15 (b) A government, or subdivision, of a for eign country or municipality ther eof;
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16 (c) A for eign political party; or
17 (d) Any entity , such as a partnership, association, corporation, organization, or
18 other combination of persons, that is organized under the laws of or has its principal
19 place of business in a for eign country;
20 (6) "Government entity", a state, county , local, or municipal government entity ,
21 or an officer , employee, or volunteer of one of these entities;
22 (7) "Person", an individual, partnership, association, corporation, organization,
23 or any other combination or gro up of individuals.
24 2. (1) A government entity shall not solicit, accept, or use any funds or in-kind
25 goods or services for election administration if those funds or in-kind goods or services
26 ar e donated dir ectly or indir ectly by any person other than a government entity . An
27 election officer may solicit, accept, or use funds or in-kind goods or services of de
28 minimis value.
29 (2) Subject to the exception in subsection 3 of this section, a government entity or
30 election officer shall not join the membership of any person, participate in any pr ogram,
31 or pur chase any services fr om any person unless the person complies with the following
32 certification req uirements:
33 (a) The certification shall state that the person:
34 a. Has not direc tly or indirectl y financed election administration;
35 b. Does not have any staff or board members who have worked for , consulted
36 with, or been employed by a person described by this subdivision within the last ten
37 years unless such organization consisted of government officials; and
38 c. Has been certified as being fr ee of dir ect or indir ect for eign donations; and
39 (b) The certification requ ired by paragraph (a) of this subdivision shall be:
40 a. Renewed on an annual basis;
41 b. Updated within five business days of the person obtaining information
42 unknown at the time of the initial certification as described in this subdivision; and
43 c. Dated and sworn by the person under penalty of perjury .
44 3. (1) If, in his or her private capacity , an election officer joins or considers
45 joining the membership of a person, or participates or considers participating in any
46 pr ogram described by subsection 2 of this section, the election officer shall disclose his
47 or her participation or membership, or potential participation or membership, and to
48 have participation or potential participation or membership consider ed in a public
49 hearing, and disclosed on his or her public website as prov ided by this section.
50 (2) The disclosur e r equir ed by subdivision (1) of this subsection shall be:
51 (a) Conspicuous, publicly accessible, and publicly viewable;
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52 (b) At least 14-point T imes New Roman font, and in a contrasting color fr om the
53 backgr ound of the website;
54 (c) Enclosed inside a box, separated fr om other text and graphics; and
55 (d) Displayed on the homepage of the election officer's website, rea sonably close
56 to the top of the page.
57 (3) The disclosur e r equir ed by subdivision (1) of this subsection shall state:
58 (a) The full name and title of the election officer;
59 (b) The date that the election officer participated in the pr ogram or joined the
60 person or participated in the pr ogram or is scheduled to begin participation in the
61 pr ogram;
62 (c) The full name of the pro gram or person;
63 (d) An accurate description of the nature of the pr ogram or person;
64 (e) A certification that the person or progra m has not been, dir ectly or
65 indir ectly , the recipi ent of for eign donations, a statement that the person or prog ram has
66 been the reci pient of for eign donations, or a statement that the person or progr am has
67 not submitted such certification; and
68 (f) The date of any public hearing at which membership or participation in the
69 pr ogram is to be consider ed.
70 (4) The disclosur e requi red by subdivision (1) of this subsection shall also
71 include a link to an electr onic document containing all r esources or documents receiv ed
72 by the election officer fr om the person or pr ogram, along with the disclosur e of any
73 known funding for the pr ogram known to the officer . This list of r esources shall be
74 updated within ten business days of rec eipt as reso urces, documents, and other
75 materials are provi ded or made available.
76 (5) If the election officer does not have a public website, the disclosur e shall be
77 included on the official homepage of the website most closely associated with the election
78 officer , including that of his or her superior or supervisor . If no website or homepage
79 can be ascertained, the disclosur e shall be submitted to the secr etary of state for
80 inclusion on the secr etary of state's website in a conspicuous manner .
81 (6) Any disclosure made pursuant to this subsection shall rem ain posted and
82 publicly accessible for a period beginning not less than thirty days prior to joining and
83 ending not less than one hundr ed eighty days after membership ends.
84 (7) In creat ing and posting any disclosure pursuant to this subsection, the
85 election officer is certifying under penalty of perjury that the information contained
86 within the disclosur e is true and accurate.
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87 4. V iolation of this section is a class B misdemeanor . If conduct that constitutes
88 an offense under this section also constitutes an offense under any other law , the actor
89 may be prosecuted under this section, the other law , or both.
90 5. Any reg istered voter in this state may bring a cause of action to enforce this
91 section.
92 6. Any existing or futur e ordinance enacted or adopted by any political
93 subdivision that is in conflict with this section is void.
1 16.030. The following shall be substantially the form of each page of referendum
2 petitions on any law passed by the general assembly of the state of Missouri:
3 County ______
4 Page No. ______
5 It is a class A misdemeanor punishable, notwithstanding the provisions
6 of section [ 560.021 ] 558.002 , RSMo, to the contrary , for a term of
7 imprisonment not to exceed one year in the county jail or a fine not to
8 exceed ten thousand dollars or both, for anyone to sign any referendum
9 petition with any name other than his or her own, or knowingly to sign
10 his or her name more than once for the same measure for the same
11 election, or to sign a petition when such person knows he or she is not a
12 registered voter .
13 PETITION FOR REFERENDUM
14 T o the Honorable ______, Secretary of State for the state of Missouri:
15 W e, the undersigned, registered voters of the state of Missouri and ___
16 ___ County (or City of St. Louis), respectfully order that the Senate (or
17 House) Bill No. ______ entitled (title of law), passed by the ______
18 general assembly of the state of Missouri, at the ______ regular (or
19 special) session of the ______ general assembly , shall be referred to the
20 voters of the state of Missouri, for their approval or rejection, at the
21 general election to be held on the ______ day of ______, ______,
22 unless the general assembly shall designate another date, and each for
23 himself or herself says: I have personally signed this petition; I am a
24 registered voter of the state of Missouri and ______ County (or City of
25 St. Louis); my registered voting address and the name of the city , town
26 or village in which I live are correctly written after my name.
27 (Off icial Ballot title) ______
28 CIRCULA T OR'S AFFIDA VIT
29 State Of Missouri,
30 County Of ______
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31 I, ______, being first duly sworn, say (print or type names of signers)
NAME
DA TE
SIGNED
32 REGISTERED
33 VOTING
34 ADDRESS
ZIP
CODE
CONGR.
DIST . NAME
35 (Signature) (Street) (City , (Printed or
36 T own or V illage) T yped)
37 (Here follow numbered lines for signers)
38 signed this page of the foregoing petition, and each of them signed his
39 or her name thereto in my presence; I believe that each has stated his or
40 her name, registered voting address and city , town or village correctly ,
41 and that each signer is a registered voter of the state of Missouri and __
42 ____ County . FUR THERMORE, I HEREBY SWEAR OR AFFIRM
43 UNDER PENAL TY OF PERJUR Y THA T ALL ST A TEMENTS
44 MADE BY ME ARE TRUE AND CORRECT AND THA T I HA VE
45 NEVER BEEN CONVICTED OF , FOUND GUIL TY OF , OR PLED
46 GUIL TY T O ANY OFFENSE INVOL VING FORGER Y .
47 I have met the qualifications of section 1 16.080 and am at least 18
48 years of age. I do ______ do not ______ (check one) expect to be paid
49 for circulating this petition. If paid, list the payer ______
50 _______________
51 Signature of Affiant
52 (Person obtaining signatures)
53 _______________
54 (Printed Name of Af fiant)
55 _______________
56 Address of Af fiant
57 Subscribed and sworn to before me this ______ day of ______, A.D. _
58 _____
59 _______________
60 Signature of Notary
61 Address of Notary
62 Notary Public (Seal)
63 My commission expires ______
64
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65 If this form is followed substantially and the requirements of [ section ] sections 1 16.045,
66 1 16.050 , and [ section ] 1 16.080 are met, it shall be suf ficient, disregarding clerical and merely
67 technical errors.
1 16.040. The following shall be substantially the form of each page of each petition
2 for any law or amendment to the Constitution of the state of Missouri proposed by the
3 initiative:
4 County ______
5 (Optional) Page No. ______
6 It is a class A misdemeanor punishable, notwithstanding the provisions
7 of section [ 560.021 ] 558.002 , RSMo, to the contrary , for a term of
8 imprisonment not to exceed one year in the county jail or a fine not to
9 exceed ten thousand dollars or both, for anyone to sign any initiative
10 petition with any name other than his or her own, or knowingly to sign
11 his or her name more than once for the same measure for the same
12 election, or to sign a petition when such person knows he or she is not a
13 registered voter .
14 INITIA TIVE PETITION
15 T o the Honorable ______, Secretary of State for the state of Missouri:
16 W e, the undersigned, registered voters of the state of Missouri and ___
17 ___ County (or City of St. Louis), respectfully order that the following
18 proposed law (or amendment to the constitution) shall be submitted to
19 the voters of the state of Missouri, for their approval or rejection, at the
20 general election to be held on the ______ day of ______, ______, and
21 each for himself or herself says: I have personally signed this petition; I
22 am a registered voter of the state of Missouri and ______ County (or
23 City of St. Louis); my registered voting address and the name of the
24 city , town or village in which I live are correctly written after my name.
25 (Off icial Ballot title) ______
26 CIRCULA T OR'S AFFIDA VIT
27 State Of Missouri,
28 County Of ______
29 I, ______, being first duly sworn, say (print or type names of signers)
NAME
DA TE
SIGNED
30 REGISTERED
31 VOTING
32 ADDRESS
ZIP
CODE
CONGR.
DIST . NAME
33 (Signature) (Street) (City , (Printed or
HB 3263 25
34 T own or
35 V illage) T yped)
36 (Here follow numbered lines for signers)
37 signed this page of the foregoing petition, and each of them signed his
38 or her name thereto in my presence; I believe that each has stated his or
39 her name, registered voting address and city , town or village correctly ,
40 and that each signer is a registered voter of the state of Missouri and __
41 ____ County .
42 FUR THERMORE, I HEREBY SWEAR OR AFFIRM UNDER
43 PENAL TY OF PERJUR Y THA T ALL ST A TEMENTS MADE BY ME
44 ARE TRUE AND CORRECT AND THA T I HA VE NEVER BEEN
45 CONVICTED OF , FOUND GUIL TY OF , OR PLED GUIL TY T O
46 ANY OFFENSE INVOL VING FORGER Y .
47 I have met the qualifications of section 1 16.080 and am at least 18
48 years of age. I do ______ do not ______ (check one) expect to be paid
49 for circulating this petition. If paid, list the payer ______
50 _______________
51 Signature of Affiant
52 (Person obtaining signatures)
53 _______________
54 (Printed Name of Af fiant)
55 _______________
56 Address of Af fiant
57 Subscribed and sworn to before me this ______ day of ______, A.D. _
58 _____
59 _______________
60 Signature of Notary
61 Address of Notary
62 Notary Public (Seal)
63 My commission expires ______
64
65 If this form is followed substantially and the requirements of [ section ] sections 1 16.045,
66 1 16.050 , and [ section ] 1 16.080 are met, it shall be suf ficient, disregarding clerical and merely
67 technical errors.
1 16.045. Initiative petition and r efer endum petition signatur e pages shall be
2 printed on a form as pr escribed by the secr etary of state that shall include all of the
HB 3263 26
3 information and statements requi red by section 1 16.030 or 1 16.040, as applicable, and
4 comply with section 1 16.050. The form shall be made available in electr onic format to
5 be used for printing petitions for cir culating.
1 16.050. 1. Initiative and referendum petitions filed under the provisions of this
2 chapter shall consist of pages of a uniform size. Each page, excluding the text of the measure,
3 shall be no lar ger than eight and one-half by fourteen inches. The text of the pro posed
4 measur e shall be in a font that is not smaller than twelve-point T imes New Roman and
5 have a top, bottom, left, and right margin of not less than one inch. Page numbers may
6 appear in the bottom margin. Each page of an initiative petition shall be attached to or shall
7 contain a full and correct text of the proposed measure. Each page of a referendum petition
8 shall be attached to or shall contain a full and correct text of the measure on which the
9 referendum is sought.
10 2. The full and correct text of all initiative and referendum petition measures shall:
11 (1) Contain all matter which is to be deleted included in its proper place enclosed in
12 brackets and all new matter shown underlined;
13 (2) Include all sections of existing law or of the constitution which would be repealed
14 by the measure; and
15 (3) Otherwise conform to the provisions of [ Article III, Section 28 and ] Article III,
16 [ Section ] Sections 28, 49, 50 , 51, and 52(a) of the Constitution of Missouri and those of this
17 chapter .
1 16.080. 1. Each petition circulator shall be a citizen of the United States, [ at least ]
2 eighteen years of age or older , a res ident of this state or physically pr esent in this state for
3 at least thirty consecutive days prior to the collection of signatur es, and registered with
4 the secretary of state. No petition cir culator shall be paid anything of value that is based
5 on the number of signatures collected. Signatures collected by any circulator who has not
6 registered with the secretary of state pursuant to this chapter on or before 5:00 p.m. on the
7 final day for filing petitions with the secretary of state shall not be counted. A petition
8 circulator shall be deemed registered at the time such circulator delivers a signed circulator's
9 af fidavit pursuant to section 1 16.030, with respect to a referendum petition, or section
10 1 16.040, with respect to an initiative petition, to the of fice of the secretary of state. No person
11 shall qualify as a petition circulator who has been convicted of, found guilty of, or pled guilty
12 to an of fense involving forger y under the laws of this state or an of fense under the laws of any
13 other jurisdiction if that offense would be considered forge ry under the laws of this state.
14 2. Each petition circulator shall subscribe and swear to the proper af fidavit on each
15 petition page such circulator submits before a notary public commissioned in Missouri.
16 When notarizing a circulator's signature, a notary public shall sign his or her official signature
HB 3263 27
17 and affix his or her of ficial seal to the af fidavit only if the circulator personally appears before
18 the notary and subscribes and swears to the affidavi t in his or her presence.
19 3. Any circulator who falsely swears to a circulator's affidavi t knowing it to be false is
20 guilty of a class A misdemeanor punishable, notwithstanding the provisions of section
21 [ 560.021 ] 558.002 to the contrary , for a term of imprisonment not to exceed one year in the
22 county jail or a fine not to exceed ten thousand dollars or both.
1 16.090. 1. Any person who commits any of the following actions is guilty of the
2 crime of petition signature fraud:
3 (1) Signs any name other than his or her own to any petition, or who knowingly signs
4 his or her name more than once for the same measure for the same election, or who knows he
5 or she is not at the time of signing or circulating the same a Missouri registered voter and a
6 resident of this state; [ or ]
7 (2) Intentionally submits petition signature sheets with the knowledge that the person
8 whose name appears on the signature sheet did not actually sign the petition; [ or ]
9 (3) Causes a voter to sign a petition other than the one the voter intended to sign; [ or ]
10 (4) For ges or falsifies signatures; or
11 (5) Knowingly accepts or of fers money or anything of value to another person in
12 exchange for a signature on a petition.
13 2. Any person who knowingly causes a petition circulator's signatures to be submitted
14 for counting, and who either knows that such circulator has violated subsection 1 of this
15 section or , after receiving notice of facts indicating that such person may have violated
16 subsection 1 of this section, causes the signatures to be submitted with reckless indif ference
17 as to whether such circulator has complied with subsection 1 of this section, shall also be
18 deemed to have committed the crime of petition signature fraud.
19 3. A person who violates subsection 1 or 2 of this section, shall, upon conviction
20 thereof, be guilty of a class A misdemeanor punishable, notwithstanding the provisions of
21 section [ 560.021 ] 558.002 to the contrary , by a term of imprisonment not to exceed one year
22 in the county jail or a fine not to exceed ten thousand dollars or both.
23 4. Any person employed by or serving as an election authority , that has reasonable
24 cause to suspect a person has committed petition signature fraud, shall immediately report or
25 cause a report to be made to the appropriate prosecuting authorities. Failure to so report or
26 cause a report to be made shall be a class A misdemeanor .
1 16.1 10. Any voter who has signed an initiative or referendum petition may withdraw
2 his or her signature from that petition by submitting to the secretary of state, before the
3 petition is filed with the secretary of state, a sworn statement requesting that his or her
4 signature be withdrawn and affir ming the name of the petition signed, the name the voter used
5 when signing the petition, the address of the voter and the county of residence. It is a class A
HB 3263 28
6 misdemeanor punishable, notwithstanding the provisions of section [ 560.021 ] 558.002 to the
7 contrary , for a term of imprisonment not to exceed one year in the county jail or a fine not to
8 exceed ten thousand dollars or both, to knowingly file a false withdrawal statement with the
9 secretary of state.
1 16.130. 1. The secretary of state may send copies of petition pages to election
2 authorities to verify that the persons whose names are listed as signers to the petition are
3 registered voters. Such verification may either be of each signature or by random sampling as
4 provided in section 1 16.120, as the secretary shall direct. If copies of the petition pages are
5 sent to an election authority for verification, such copies shall be sent pursuant to the
6 following schedule:
7 (1) Copies of all pages from not less than one petition shall be received in the of fice
8 of the election authority not later than two weeks after the petition is filed in the office of the
9 secretary of state;
10 (2) Copies of all pages of a total of three petitions shall be received in the of fice of the
11 election authority not later than three weeks after the petition is filed in the of fice of the
12 secretary of state;
13 (3) If more than three petitions are filed, all copies of petition pages, including those
14 petitions selected for verification by random sample pursuant to section 1 16.120, shall be
15 received in the of fice of the election authority not later than the fourth week after the petition
16 is filed in the of fice of the secretary of state.
17
18 Each election authority shall check the signatures against voter registration records in the
19 election authority's jurisdiction, but the election authority shall count as valid only the
20 signatures of persons registered as voters in the county named in the circulator's affidav it.
21 Signatures shall not be counted as valid if they have been struck through or crossed out.
22 Signatur es shall be r ecorded using a black or dark ink.
23 2. If the election authority is requested to verify the petition by random sampling,
24 such verification shall be completed and certified not later than thirty days from the date that
25 the election authority receives the petition from the secretary of state. If the election authority
26 is to verify each signature, such verification [ must ] shall be completed, certified and
27 delivered to the secretary of state by 5:00 p.m. on the last T uesday in July prior to the
28 election, or in the event of complete verification of signatures after a failed random sample,
29 full verification shall be completed, certified and delivered to the secretary of state by 5:00
30 p.m. on the last T uesday in July or by 5:00 p.m. on the Friday of the fifth week after receipt
31 of the signatures by the local election authority , whichever is later .
32 3. If the election authority or the secretary of state determines that the congressional
33 district number written after the signature of any voter is not the congressional district of
HB 3263 29
34 which the voter is a resident, the election authority or the secretary of state shall correct the
35 congressional district number on the petition page. Failure of a voter to give the voter's
36 correct congressional district number shall not by itself be grounds for not counting the voter's
37 signature.
38 4. The election authority shall return the copies of the petition pages to the secretary
39 of state with annotations regarding any invalid or questionable signatures which the election
40 authority has been asked to check by the secretary of state. The election authority shall verify
41 the number of pages received for that county , and also certify the total number of valid
42 signatures of voters from each congressional district which the election authority has been
43 asked to check by the secretary of state.
44 5. The secretary of state is authorized to adopt rules to ensure uniform, complete, and
45 accurate checking of petition signatures either by actual count or random sampling. No rule
46 or portion of a rule promulgated pursuant to this section shall become ef fective unless it has
47 been promulgated pursuant to the provisions of chapter 536.
48 6. After a period of three years from the time of submission of the petitions to the
49 secretary of state, the secretary of state, if the secretary determines that retention of such
50 petitions is no longer necessary , may destroy such petitions.
[ 1 16.190 . 1. Any citizen who wishes to challenge the of ficial ballot
2 title or the fiscal note prepared for a proposed constitutional amendment
3 submitted by the general assembly , by initiative petition, or by constitutional
4 convention, or for a statutory initiative or referendum measure, may bring an
5 action in the circuit court of Cole County . The action shall be brought within
6 ten days after the of ficial ballot title is certified by the secretary of state in
7 accordance with the provisions of this chapter , in the case of an initiative
8 petition and not later than the twenty-second T uesday prior to the general
9 election at which the ballot measure will be submitted to the voters, in the case
10 of all other statewide ballot measures.
11 2. The secretary of state shall be named as a party defendant in any
12 action challenging the of ficial ballot title prepared by the secretary of state.
13 When the action challenges the fiscal note or the fiscal note summary prepared
14 by the auditor , the state auditor shall also be named as a party defendant. The
15 president pro tem of the senate, the speaker of the house and the sponsor of the
16 measure and the secretary of state shall be the named party defendants in any
17 action challenging the of ficial summary statement, fiscal note or fiscal note
18 summary prepared pursuant to section 1 16.155.
19 3. The petition shall state the reason or reasons why the summary
20 statement portion of the off icial ballot title is insuf ficient or unfair .
21 Alternatively , the petition shall state the reasons why the fiscal note or the
22 fiscal note summary portion of the of ficial ballot title is insuf ficient or unfair
23 and shall request a dif ferent fiscal note or fiscal note summary portion of the
24 of ficial ballot title.
25 4. (1) The action shall be placed at the top of the civil docket.
HB 3263 30
26 (2) (a) Insofar as the action challenges the summary statement portion
27 of the of ficial ballot title, the court shall consider the petition, hear ar guments,
28 and in its decision certify the summary statement portion of the of ficial ballot
29 title to the secretary of state as originally written if the court finds the summary
30 statement to be suf ficient and fair . If the court finds the summary statement to
31 be insuf ficient or unfair , the court may of fer suggested revisions for the
32 summary statement to remedy the legal flaws, but it shall, in its decision, order
33 the secretary of state to write a first revised summary statement that is
34 suf ficient and fair .
35 (b) The secretary of state shall submit a first revised summary
36 statement to the court within seven days. If, after submission to the court of a
37 first revised summary statement by the secretary of state, the court finds the
38 first revised summary statement to be suf ficient and fair , the court shall certify
39 to the secretary of state that statement and order it to appear on the ballot. If
40 the court finds the first revised summary statement to be insuf ficient or unfair ,
41 the court may of fer suggested revisions for the statement to remedy the legal
42 flaws, but it shall, in its decision, order the secretary of state to write a second
43 revised summary statement that is suf ficient and fair .
44 (c) The secretary of state shall submit a second revised summary
45 statement to the court within five days. If, after submission to the court of a
46 second revised summary statement by the secretary of state, the court finds the
47 second revised summary statement to be suff icient and fair , the court shall
48 certify to the secretary of state that statement and order it to appear on the
49 ballot. If the court finds the second revised summary statement to be
50 insuf ficient or unfair , the court may of fer suggested revisions for the statement
51 to remedy the legal flaws, but it shall, in its decision, order the secretary of
52 state to write a third revised summary statement that is suf ficient and fair .
53 (d) The secretary of state shall submit a third revised summary
54 statement to the court within three days. If, after submission to the court of a
55 third revised summary statement by the secretary of state, the court finds the
56 third revised summary statement to be suff icient and fair , the court shall certify
57 to the secretary of state that statement and order it to appear on the ballot. If
58 the court finds the third revised summary statement to be insuf ficient or unfair ,
59 or if the secretary of state neglects or refuses to submit any of the revised
60 summary statements within the times mandated by this subdivision when so
61 ordered, the court shall revise the summary statement in a manner that is
62 suf ficient and fair and order the secretary of state to place that summary
63 statement on the ballot with the measure.
64 (e) During all revisions as provided in this subdivision, the case shall
65 remain open.
66 (f) Any nonprevailing party may make appeals as provided by law
67 only following:
68 a. The finding of the circuit court that a summary statement was
69 suf ficient and fair; or
70 b. The circuit court ordering its own summary statement to be placed
71 on the ballot pursuant to paragraph (d) of this subdivision.
72 (g) Any action brought pursuant to this section challenging a statewide
73 ballot measure appearing on the ballot at an election called by the governor
HB 3263 31
74 pursuant to Article XII, Section 2(b), Missouri Constitution, whether at the
75 primary election or at a special election, or at a special election for a
76 referendum petition measure called by the general assembly pursuant to
77 Article III, Section 52(b), Missouri Constitution, shall be expedited by the
78 court to bring a resolution of the matter prior to the printing of ballots. The
79 court may shorten any timeframe under this section to achieve this purpose.
80 (3) Insofar as the action challenges the fiscal note or the fiscal note
81 summary portion of the of ficial ballot title, the court shall consider the
82 petition, hear ar guments, and in its decision, either certify the fiscal note or the
83 fiscal note summary portion of the of ficial ballot title to the secretary of state
84 or remand the fiscal note or the fiscal note summary to the auditor for
85 preparation of a new fiscal note or fiscal note summary pursuant to the
86 procedures set forth in section 1 16.175. Any party to the suit may appeal to
87 the supreme court within ten days after a circuit court decision pursuant to this
88 subdivision.
89 5. Any action brought under this section that is not fully and finally
90 adjudicated within one hundred eighty days of filing, and more than seventy
91 days prior to election in which the measure is to appear , including all appeals,
92 shall be extinguished, unless a court extends such period upon a finding of
93 good cause for such extension. Such good cause shall consist only of court-
94 related scheduling issues and shall not include requests for continuance by the
95 parties. ]
1 16.190. 1. Any [ citizen ] Missouri register ed voter who wishes to challenge the
2 of ficial ballot title or the fiscal note prepared for a proposed constitutional amendment
3 submitted by the general assembly , by initiative petition, or by constitutional convention, or
4 for a statutory initiative or referendum measure, may bring an action in the circuit court of
5 Cole County . The action [ must ] shall be brought within ten days after the officia l ballot title
6 is certified by the secretary of state in accordance with the provisions of this chapter , in the
7 case of an initiative petition and not later than the twenty-second T uesday prior to the
8 general election at which the ballot measur e will be submitted to the voters, in the case
9 of all other statewide ballot measur es .
10 2. The secretary of state shall be named as a party defendant in any action challenging
11 the of ficial ballot title prepared by the secretary of state. When the action challenges the
12 fiscal note or the fiscal note summary prepared by the auditor , the state auditor shall also be
13 named as a party defendant. The president pro tem of the senate, the speaker of the house and
14 the sponsor of the measure and the secretary of state shall be the named party defendants in
15 any action challenging the of ficial summary statement, fiscal note or fiscal note summary
16 prepared pursuant to section 1 16.155.
17 3. The petition shall state the reason or reasons why the summary statement portion of
18 the of ficial ballot title is insuf ficient or unfair and shall request a dif ferent summary statement
19 portion of the of ficial ballot title. Alternatively , the petition shall state the reasons why the
HB 3263 32
20 fiscal note or the fiscal note summary portion of the official ballot title is insuf ficient or unfair
21 and shall request a dif ferent fiscal note or fiscal note summary portion of the of ficial ballot
22 title.
23 4. The action shall be placed at the top of the civil docket. Insofar as the action
24 challenges the summary statement portion of the of ficial ballot title, the court shall consider
25 the petition, hear ar guments, and in its decision certify the summary statement portion of the
26 of ficial ballot title to the secretary of state. Insofar as the action challenges the fiscal note or
27 the fiscal note summary portion of the of ficial ballot title, the court shall consider the petition,
28 hear ar guments, and in its decision, either certify the fiscal note or the fiscal note summary
29 portion of the of ficial ballot title to the secretary of state or remand the fiscal note or the fiscal
30 note summary to the auditor for preparation of a new fiscal note or fiscal note summary
31 pursuant to the procedures set forth in section 1 16.175. Any party to the suit may appeal to
32 the supreme court within ten days after a circuit court decision. In making the legal notice to
33 election authorities under section 1 16.240, and for the purposes of section 1 16.180, the
34 secretary of state shall certify the language which the court certifies to him.
35 5. Any action brought under this section that is not fully and finally adjudicated
36 within one hundred eighty days of filing, and more than [ fifty-six ] seventy days prior to the
37 election in which the measure is to appear , including all appeals, shall be extinguished, unless
38 a court , before the expiration of the for egoing periods, extends such period upon [ a ] an
39 expr ess finding of good cause for such extension , but no extension shall cause the final
40 adjudication to occur less than eight weeks befor e the date of the election . Such good
41 cause shall consist only of court-related scheduling issues and shall not include requests for
42 continuance by the parties. No court, including any appellate court, shall have the
43 authority to issue any form of relief after the expiration of the for egoing periods.
1 16.200. 1. After the secretary of state certifies a petition as suf ficient or insuf ficient,
2 any [ citizen ] Missouri regist ered voter may apply to the circuit court of Cole County to
3 compel [ him ] the secr etary of state to reverse his or her decision. The action must be
4 brought within ten days after the certification is made. All such suits shall be advanced on the
5 court docket and heard and decided by the court as quickly as possible.
6 2. If the court decides the petition is suff icient, the secretary of state shall certify it as
7 suf ficient and attach a copy of the judgment. If the court decides the petition is insufficie nt,
8 the court shall enjoin the secretary of state from certifying the measure and all other of ficers
9 from printing the measure on the ballot.
10 3. Any party may appeal within ten days after [ a decision is rendered, any party may
11 appeal it to the supreme court ] the entry of the judgment by the cir cuit court .
1 16.332. 1. Before a constitutional amendment petition, a statutory initiative petition,
2 or a referendum petition may be circulated for signatures, a sample sheet [ must ] shall be
HB 3263 33
3 submitted to the secretary of state in the form in which it will be circulated. Sample sheets
4 may be submitted to the secr etary of state any time after a general election until six
5 months prior to the next general election. When a person submits a sample sheet of a
6 petition he or she shall designate to the secretary of state the name and address of the person
7 to whom any notices shall be sent pursuant to sections 1 16.140 and 1 16.180 and, if a
8 committee or person, except the individual submitting the sample sheet, is funding any
9 portion of the drafting or submitting of the sample sheet, the person submitting the sample
10 sheet shall submit a copy of the filed statement of committee or ganization required under
11 subsection 5 of section 130.021 showing the date the statement was filed. The secretary of
12 state shall refer a copy of the petition sheet to the attorney general for his approval and to the
13 state auditor for purposes of preparing a fiscal note and fiscal note summary . The secretary of
14 state and attorney general [ must ] shall each review the petition for [ suf ficiency as to form ]
15 compliance with section 1 16.050 and Article III, Sections 28, 49, 50, 51, and 52(a) of the
16 Constitution of Missouri and approve or reject the form of the petition, stating the reasons
17 for rejection, if any .
18 2. W ithin two business days of receipt of any such sample sheet, the of fice of the
19 secretary of state shall conspicuously post on its website the text of the proposed measure, a
20 disclaimer stating that such text may not constitute the full and correct text as required under
21 section 1 16.050, and the name of the person or or ganization submitting the sample sheet. The
22 secretary of state's failure to comply with such posting shall be considered a violation of
23 chapter 610 and subject to the penalties provided under subsection 3 of section 610.027. The
24 posting shall be removed within three days of either the withdrawal of the petition under
25 section 1 16.1 15 or the rejection for any reason of the petition.
26 3. Upon receipt of a petition from the of fice of the secretary of state, the attorney
27 general shall examine the petition [ as to form ] and determine whether it complies with
28 section 1 16.050 and Article III, Sections 28, 49, 50, 51, and 52(a) of the Constitution of
29 Missouri . If the petition is rejected [ as to form ], the attorney general shall forward his or her
30 comments to the secretary of state within ten days after receipt of the petition by the attorney
31 general. If the petition is approved [ as to form ], the attorney general shall forward his or her
32 approval [ as to form ] to the secretary of state within ten days after receipt of the petition by
33 the attorney general.
34 4. The secretary of state shall review the comments and statements of the attorney
35 general [ as to form ] and make a final decision as to the approval or rejection [ of the form ] of
36 the petition. The secretary of state shall send written notice to the person who submitted the
37 petition sheet of the approval within fifteen days after submission of the petition sheet. The
38 secretary of state shall send written notice if the petition has been rejected, together with
39 reasons for rejection, within fifteen days after submission of the petition sheet.
HB 3263 34
[ 1 16.334 . 1. If the petition form is approved, the secretary of state
2 shall make a copy of the sample petition available on the secretary of state's
3 website. For a period of fifteen days after the petition is approved as to form,
4 the secretary of state shall accept public comments regarding the proposed
5 measure and provide copies of such comments upon request. W ithin twenty-
6 three days of receipt of such approval, the secretary of state shall prepare and
7 transmit to the attorney general a summary statement of the measure which
8 shall be a concise statement not exceeding one hundred words. This statement
9 shall be in the form of a question using language neither intentionally
10 ar gumentative nor likely to create prejudice either for or against the proposed
11 measure. The attorney general shall within ten days approve the legal content
12 and form of the proposed statement.
13 2. Signatures obtained prior to the date the of ficial ballot title is
14 certified by the secretary of state shall not be counted. Once the secretary of
15 state certifies the of ficial ballot title, signatures may be collected, even if the
16 ballot title is subject to an action in court challenging the suf ficiency and
17 fairness of the ballot title. If a court orders a change that alters the content of
18 the of ficial ballot title, then all signatures gathered before such change
19 occurred shall not be invalidated based upon the fact that one or more
20 signatures were gathered prior to the alteration of the of ficial ballot title,
21 regardless of whether those signatures were gathered on petition pages that
22 displayed what was previously the of ficial ballot title as certified by the
23 secretary of state. Nothing in this subsection shall prohibit the invalidation of a
24 signature for a reason otherwise allowed by this chapter .
25 3. Signatures for statutory initiative petitions shall be filed not later
26 than six months prior to the general election during which the petition's ballot
27 measure is submitted for a vote, and shall also be collected not earlier than the
28 day after the day upon which the previous general election was held. ]
1 16.334. 1. If the petition [ form ] is approved under section 1 16.332 , the secretary of
2 state shall make a copy of the sample petition available on the secretary of state's website.
3 For a period of fifteen days after the petition is approved [ as to form ] under section 1 16.332 ,
4 the secretary of state shall accept public comments regarding the proposed measure and
5 provide copies of such comments upon request. W ithin twenty-three days of receipt of such
6 approval, the secretary of state shall prepare and transmit to the attorney general a summary
7 statement of the measure which shall be a concise statement not exceeding one hundred
8 words. This statement shall [ be in the form of a question using ] use language neither
9 intentionally arg umentative nor likely to create prejudice either for or against the proposed
10 measure. The attorney general shall within ten days approve the legal content and form of the
11 proposed statement.
12 2. Signatures obtained prior to the date the of ficial ballot title is certified by the
13 secretary of state shall not be counted. Once the secr etary of state certifies the official
14 ballot title, signatures may be collected, even if the ballot title is subject to an action in
15 court challenging the sufficiency and fairness of the ballot title. If a court orders a
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16 change that alters the content of the official ballot title, then all signatures gather ed
17 befor e such change occurr ed shall not be invalidated based upon the fact that one or
18 mor e signatur es wer e gathered prior to the alteration of the official ballot title,
19 r egardless of whether those signatur es were gathered on petition pages that displayed
20 what was pr eviously the official ballot title as certified by the secr etary of state. Nothing
21 in this subsection shall pr ohibit the invalidation of a signature for a r eason otherwise
22 allowed by this chapter .
23 3. Signatures for statutory initiative petitions shall be filed not later than six months
24 prior to the general election during which the petition's ballot measure is submitted for a vote,
25 and shall also be collected not earlier than the day after the day upon which the previous
26 general election was held.
[ 1 15.074 . 1. Subject to appropriation from federal funds, the secretary
2 of state shall administer a grant, loan, or other aid program for the purposes of
3 providing funds to election authorities to upgrade or improve the voting
4 process or equipment. Such funding may be in the form of matching grants.
5 The secretary of state when awarding grants shall give priority to jurisdictions
6 which have the highest number of residents according to the most recent
7 federal census, with an income below the federal poverty level as established
8 by the federal department of health and human services or its successor
9 agency . The secretary of state may promulgate rules to effectuat e the
10 provisions of this section.
11 2. Any rule or portion of a rule, as that term is defined in section
12 536.010, that is created under the authority delegated in this section shall
13 become ef fective only if it complies with and is subject to all of the provisions
14 of chapter 536 and, if applicable, section 536.028. This section and chapter
15 536 are nonseverable and if any of the powers vested with the general
16 assembly pursuant to chapter 536 to review , to delay the ef fective date or to
17 disapprove and annul a rule are subsequently held unconstitutional, then the
18 grant of rulemaking authority and any rule proposed or adopted after August
19 28, 2002, shall be invalid and void. ]
[ 1 15.078 . 1. There is hereby created in the state treasury the "Election
2 Administration Improvements Fund", which shall consist of appropriations
3 from the general assembly , any gifts, contributions, grants, or bequests
4 received from federal, private, or other sources for the purpose of improving
5 the administration of elections within Missouri, including making payments of
6 election costs as required under sections 1 15.065 and 1 15.077. The state
7 treasurer shall be custodian of the fund and shall make disbursements from the
8 fund in accordance with sections 30.170 and 30.180. Money in the fund shall
9 be used exclusively for election administration improvements as directed by
10 the secretary of state, and to meet the state's obligations under sections 1 15.065
11 and 1 15.077. No moneys obtained through the provisions of this section shall
12 be made a part of the general operating budget of an election authority , or used
13 to supplant other federal, state, or local funds expended for elections. The
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14 secretary of state may transfer moneys from the fund to the election
15 improvements revolving loan fund as the secretary deems necessary to
16 facilitate compliance with the Help America V ote Act of 2002.
1 7 Notwithstanding section 33.080 to the contrary , any moneys remaining in
18 the fund at the end of any biennium shall not revert to the credit of the general
19 revenue fund. All yield, interest, income, increment, or gain received from
20 time deposit of moneys in the state treasury to the credit of the fund shall be
21 credited to the fund. Notwithstanding any provision of law to the contrary , no
22 amount of moneys in the fund shall be transferred from the fund or char ged for
23 purposes of the administration of central services for the state of Missouri.
24 2. There is hereby created in the state treasury the "Election
25 Improvements Revolving Loan Fund", which shall consist of all moneys
26 appropriated to it by the general assembly , all repayment of moneys from
27 eligible lenders and any moneys deposited or transferred to the fund for the
28 purpose of improving the administration of elections through loans. The state
29 treasurer shall be custodian of the fund and shall make disbursements from the
30 fund in accordance with sections 30.170 and 30.180. Money in the fund shall
31 be used solely for improving the administration of elections through loans.
32 Notwithstanding section 33.080 to the contrary , any moneys remaining in the
33 fund shall not revert to the credit of the general revenue fund. All yield,
34 interest, income, increment, or gain received from time deposit of moneys in
35 the state treasury to the credit of the fund shall be credited to the fund.
36 Notwithstanding any provision of law to the contrary , no amount of moneys in
37 the fund shall be transferred from the fund or char ged for purposes of the
38 administration of central services for the state of Missouri. The secretary of
39 state is authorized to administer the fund in accordance with this section and
40 the Help America V ote Act of 2002, and to promulgate rules to execute this
41 section. No rule or portion of a rule promulgated pursuant to the authority of
42 this section shall become ef fective unless it has been promulgated pursuant to
43 chapter 536. ]
[ 1 15.1 1 1 . If any watcher or challenger interferes with the orderly
2 process of voting, or is guilty of misconduct or any law violation, the election
3 judges shall ask the watcher or challenger to leave the polling place or cease
4 the interference. If the interference continues, the election judges shall notify
5 the election authority , which shall take such action as it deems necessary . It
6 shall be the duty of the police, if requested by the election authority or judges
7 of election, to exclude any watcher or challenger from the polling place or the
8 place where votes are being counted. If any challenger is excluded, another
9 may be substituted by the designating committee chairman. ]
Section B. The repeal of sections 1 15.074 and 1 15.078 of this act; the repeal and
2 reenactment of sections 1 15.013, 1 15.179, 1 15.181, 1 15.221, and 1 15.642 of this act; and the
3 enactment of sections 1 15.220, 1 15.1500, 1 15.1505, and 1 15.1510 of this act shall become
4 ef fective on January 1, 2027.
✔
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