Modifies provisions relating to elections

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1122
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
4211S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 115.013, 115.135, 115.151, 115.155, 115.159, 115.160, 115.449, 115.477, and
115.601, RSMo, and to enact in lieu thereof ten new sections relating to elections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.013, 115.135, 115.151, 115.155, 1
115.159, 115.160, 115.449, 115.477, and 115.601, RSMo, are 2
repealed and ten new sections enacted in lieu thereof, to be 3
known as sections 9.001, 115.013, 115.135, 115.151, 115.155, 4
115.159, 115.160, 115.449, 115.477, and 115.601, to read as 5
follows:6
9.001. The first Tuesday after the first Monday in 1
November of even-numbered years shall be a public holiday. 2
115.013. As used in this chapter, unless the context 1
clearly implies otherwise, the following terms mean: 2
(1) "Air-gap" or "air-gapped", a security measure in 3
which equipment is physically and technically isolated from 4
any network [and], is not directly connected to the internet 5
[nor], is [it] not connected to any other system that is 6
connected to the internet, and is not capable of connecting 7
to the internet through bluetooth or any other wireless 8
technology. Data can only be passed to an air-gapped device 9
physically via a USB or other removable media; 10
(2) "Automatic tabulating equipment", the apparatus 11
necessary to examine and automatically count votes, and the 12
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data processing machines which are used for counting votes 13
and tabulating results and which are air-gapped and not 14
physically able to be connected to a network; 15
(3) "Ballot", the paper ballot, or ballot designed 16
for use with an electronic voting system on which each voter 17
may cast all votes to which he or she is entitled at an 18
election; 19
(4) "Ballot label", the card, paper, booklet, page, or 20
other material containing the names of all offices and 21
candidates and statements of all questions to be voted on; 22
(5) "Counting location", a location selected by the 23
election authority for the automatic processing or counting, 24
or both, of ballots; 25
(6) "County", any county in this state or any city not 26
within a county; 27
(7) "Documentary proof of United States citizenship", 28
any of the following: 29
(a) A form of identification issued consistent with 30
the requirements of the federal REAL ID Act of 2005 that 31
indicates the applicant is a citizen of the United States; 32
(b) A valid United States passport; 33
(c) The applicant's official United States military 34
identification card, together with a United States military 35
record of service showing that the applicant's place of 36
birth was in the United States; 37
(d) A valid government-issued photo identification 38
card issued by the federal government or the state of 39
Missouri showing that the applicant's place of birth was in 40
the United States; 41
(e) A valid government-issued photo identification 42
card issued by the federal government or the state of 43
Missouri other than that described in paragraphs (a) to (d) 44
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of this subdivision, but only if presented together with one 45
or more of the following: 46
a. A certified birth certificate issued by a state, a 47
unit of local government in a state, or a tribal government 48
which: 49
(i) Was issued by the state, unit of local government, 50
or tribal government in which the applicant was born; 51
(ii) Was filed with the office responsible for keeping 52
vital records in the state; 53
(iii) Includes the full name, date of birth, and place 54
of birth of the applicant; 55
(iv) Lists the full name of one or both of the parents 56
of the applicant; 57
(v) Has the signature of an individual who is 58
authorized to sign birth certificates on behalf of the 59
state, unit of local government, or tribal government in 60
which the applicant was born; 61
(vi) Includes the date that the certificate was filed 62
with the office responsible for keeping vital records; and 63
(vii) Has the seal of the state, unit of local 64
government, or tribal government that issued the birth 65
certificate; 66
b. An extract from a United States hospital record of 67
birth created at the time of the applicant's birth which 68
indicates that the applicant's place of birth was in the 69
United States; 70
c. A final adoption decree showing the applicant's 71
name and that the applicant's place of birth was in the 72
United States; 73
d. A consular report of birth abroad of a citizen of 74
the United States or a certification of the applicant's 75
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report of birth of a United States citizen issued by the 76
United States Secretary of State; 77
e. A naturalization certificate or certificate of 78
citizenship issued by the United States Secretary of 79
Homeland Security or any other document or method of proof 80
of United States citizenship issued by the federal 81
government pursuant to the federal Immigration and 82
Nationality Act; 83
f. An American Indian card issued by the federal 84
Department of Homeland Security with the classification 85
"KIC"; 86
(8) "Disqualified", a determination made by a court of 87
competent jurisdiction, the Missouri ethics commission, an 88
election authority or any other body authorized by law to 89
make such a determination that a candidate is ineligible to 90
hold office or not entitled to be voted on for office; 91
[(8)] (9) "District", an area within the state or 92
within a political subdivision of the state from which a 93
person is elected to represent the area on a policy-making 94
body with representatives of other areas in the state or 95
political subdivision; 96
[(9)] (10) "Electronic voting machine", any part of an 97
air-gapped electronic voting system on which a voter is able 98
to cast a ballot under this chapter; 99
[(10)] (11) "Electronic voting system", a system of 100
casting votes by use of marking devices, and counting votes 101
by use of automatic air-gapped tabulating or air-gapped data 102
processing equipment, including computerized voting systems 103
that mark or tabulate ballots; 104
[(11)] (12) "Established political party" for the 105
state, a political party which, at either of the last two 106
general elections, polled for its candidate for any 107
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statewide office more than two percent of the entire vote 108
cast for the office. "Established political party" for any 109
district or political subdivision shall mean a political 110
party which polled more than two percent of the entire vote 111
cast at either of the last two elections in which the 112
district or political subdivision voted as a unit for the 113
election of officers or representatives to serve its area; 114
[(12)] (13) "Federal office", the office of 115
presidential elector, United States senator, or 116
representative in Congress; 117
[(13)] (14) "Independent", a candidate who is not a 118
candidate of any political party and who is running for an 119
office for which political party candidates may run; 120
[(14)] (15) "Major political party", the political 121
party whose candidates received the highest or second 122
highest number of votes at the last general election; 123
[(15)] (16) "Marking device", any device approved by 124
the secretary of state under section 115.225 which will 125
enable the votes to be counted by automatic tabulating 126
equipment; 127
[(16)] (17) "Municipal" or "municipality", a city, 128
village, or incorporated town of this state; 129
[(17)] (18) "New party", any political group which has 130
filed a valid petition and is entitled to place its list of 131
candidates on the ballot at the next general or special 132
election; 133
[(18)] (19) "Nonpartisan", a candidate who is not a 134
candidate of any political party and who is running for an 135
office for which party candidates may not run; 136
[(19)] (20) "Political party", any established 137
political party and any new party; 138
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[(20)] (21) "Political subdivision", a county, city, 139
town, village, or township of a township organization county; 140
[(21)] (22) "Polling place", the voting place 141
designated for all voters residing in one or more precincts 142
for any election; 143
[(22)] (23) "Precincts", the geographical areas into 144
which the election authority divides its jurisdiction for 145
the purpose of conducting elections; 146
[(23)] (24) "Public office", any office established by 147
constitution, statute or charter and any employment under 148
the United States, the state of Missouri, or any political 149
subdivision or special district thereof, but does not 150
include any office in the Missouri state defense force or 151
the National Guard or the office of notary public or city 152
attorney in cities of the third classification or cities of 153
the fourth classification; 154
[(24)] (25) "Question", any measure on the ballot 155
which can be voted "YES" or "NO"; 156
[(25)] (26) "Relative within the second degree by 157
consanguinity or affinity", a spouse, parent, child, 158
grandparent, brother, sister, grandchild, mother-in-law, 159
father-in-law, daughter-in-law, or son-in-law; 160
[(26)] (27) "Special district", any school district, 161
water district, fire protection district, hospital district, 162
health center, nursing district, or other districts with 163
taxing authority, or other district formed pursuant to the 164
laws of Missouri to provide limited, specific services; 165
[(27)] (28) "Special election", elections called by 166
any school district, water district, fire protection 167
district, or other district formed pursuant to the laws of 168
Missouri to provide limited, specific services; [and 169
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(28)] (29) "Voting district", the one or more 170
precincts within which all voters vote at a single polling 171
place for any election. 172
115.135. 1. Any person who is qualified to vote, or 1
who shall become qualified to vote on or before the day of 2
election, shall be entitled to register in the jurisdiction 3
within which he or she resides. In order to vote in any 4
election for which registration is required, a person must 5
be registered to vote in the state of Missouri no later than 6
5:00 p.m., or the normal closing time of any public building 7
where the registration is being held if such time is later 8
than 5:00 p.m., on the fourth Wednesday prior to the 9
election, unless the voter is an interstate former resident, 10
a new resident, or a covered voter, as defined in section 11
115.275. Any person registering after such date shall be 12
eligible to vote in subsequent elections. 13
2. A person applying to register with an election 14
authority or a deputy registration official shall identify 15
himself or herself by presenting [a copy of a birth 16
certificate, a Native American tribal document, other proof 17
of United States citizenship, a valid Missouri drivers 18
license or other form of personal identification] 19
documentary proof of United States citizenship at the time 20
of registration. Nothing in this chapter shall require a 21
person who appears on the list of registered voters or who 22
seeks to transfer voter registration within this state from 23
being required to provide an election authority documentary 24
proof of United States citizenship, unless the person is 25
stricken from the list of registered voters and the person 26
thereafter seeks to register to vote. 27
3. Except as provided in federal law or federal 28
elections and in section 115.277, no person shall be 29
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entitled to vote if the person has not registered to vote in 30
the jurisdiction of his or her residence. 31
4. A covered voter as defined in section 115.275 who 32
has been discharged from military service, has returned from 33
a military deployment or activation, or has separated from 34
employment outside the territorial limits of the United 35
States after the deadline to register to vote, and who is 36
otherwise qualified to register to vote, may register to 37
vote in an election in person before the election authority 38
until 5:00 p.m. on the Friday before such election. Such 39
persons shall produce sufficient documentation showing 40
evidence of qualifying for late registration pursuant to 41
this section. 42
115.151. 1. Each qualified applicant who appears 1
before the election authority shall be deemed registered as 2
of the time the applicant's completed, signed and sworn 3
registration application is witnessed by the election 4
authority or deputy registration official. 5
2. Each applicant who registers by mail shall be 6
deemed to be registered as of the date the application is 7
postmarked, if such application is accepted and not rejected 8
by the election authority [and], the verification notice 9
required pursuant to section 115.155 is not returned as 10
undeliverable by the postal service, and documentary proof 11
of United States citizenship is submitted to the election 12
authority with the application. 13
3. Each applicant who registers at a voter 14
registration agency or the division of motor vehicle and 15
drivers licensing of the department of revenue shall be 16
deemed to be registered as of the date the application is 17
signed by the applicant, if such application is accepted and 18
not rejected by the election authority and the verification 19
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notice required pursuant to section 115.155 is not returned 20
as undeliverable by the postal service. Voter registration 21
agencies shall transmit voter registration application forms 22
to the appropriate election authority not later than five 23
business days after the form is completed by the applicant. 24
The division of motor vehicle and drivers licensing of the 25
department of revenue shall transmit voter registration 26
application forms to the appropriate election authority not 27
later than three business days after the form is completed 28
by the applicant. 29
115.155. 1. The election authority shall provide for 1
the registration of each voter. Each application shall be 2
in substantially the following form: 3
4 APPLICATION FOR REGISTRATION
5 Are you a citizen of the United States?
6 □ YES □ NO
7
8
Will you be 18 years of age on or
before election day?

9 □ YES □ NO
10
11
12
IF YOU CHECKED “NO” IN RESPONSE TO
EITHER OF THESE QUESTIONS, DO NOT
COMPLETE THIS FORM.

13
14
15
16
17
18
19
20
21
IF YOU ARE SUBMITTING THIS FORM BY MAIL
AND ARE REGISTERING FOR THE FIRST TIME,
PLEASE SUBMIT [A COPY OF A CURRENT,
VALID PHOTO IDENTIFICATION. IF YOU DO
NOT SUBMIT SUCH INFORMATION, YOU WILL
BE REQUIRED TO PRESENT ADDITIONAL
IDENTIFICATION UPON VOTING FOR THE
FIRST TIME SUCH AS A BIRTH CERTIFICATE,
A NATIVE AMERICAN TRIBAL DOCUMENT,

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22
23
24
25
26
OTHER PROOF OF UNITED STATES
CITIZENSHIP, A VALID MISSOURI DRIVER'S
LICENSE OR OTHER FORM OF PERSONAL
IDENTIFICATION] DOCUMENTARY PROOF OF
UNITED STATES CITIZENSHIP.
27 __________________
29 Township (or Ward)
30

__________________ __________________
31 Name Precinct
32

__________________ __________________
33
34
35
Home Address Required Personal
Identification
Information

36

__________________
37 City ZIP
38

__________________ __________________
39 Date of Birth Place of Birth
40 (Optional)
41

__________________ __________________
42 Telephone Number Mother's Maiden
43 (Optional) Name (Optional)
44

__________________ __________________
45
46
Occupation
(Optional)
Last Place
Previously

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47 Registered
48

__________________ __________________
49
50
51
52
53
54
55
56
57
Last four digits
of Social Security
Number
(Required for
registration
unless no Social
Security Number
exists for
Applicant)
Under What Name

58 Remarks: __________________
59 When
60
61
Political Party
Affiliation

62
63
64
65
66
(OPTIONAL: You
shall be
unaffiliated unless
you designate an
affiliation.)

67
68
69
70
71
72
73
74
75
76
77
78
I am a citizen of the United States and
a resident of the state of Missouri.
I have not been adjudged incapacitated
by any court of law. If I have been
convicted of a felony or of a
misdemeanor connected with the right
of suffrage, I have had the voting
disabilities resulting from such
conviction removed pursuant to law.
I do solemnly swear that all statements
made on this card are true to the
best of my knowledge and belief.

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2. All information required by the voter registration 93
form in subsection 1 of this section shall be personally 94
provided by the person seeking to register to vote. 95
3. The options for political party affiliation 96
required by the application described in subsection 1 of 97
this section shall include all established political parties 98
and an option to be unaffiliated. If an applicant does not 99
designate an affiliation, the election authority shall mark 100
the applicant's form as unaffiliated. 101
[3.] 4. (1) After supplying all information necessary 102
for the registration records, each applicant who appears in 103
person before the election authority shall swear or affirm 104
the statements on the registration application by signing 105
his or her full name, witnessed by the signature of the 106
election authority or such authority's deputy registration 107
official. Each applicant who applies to register by mail 108
79
80
81
82
83
84
85
86
87
88
I UNDERSTAND THAT IF I REGISTER TO
VOTE KNOWING THAT I AM NOT LEGALLY
ENTITLED TO REGISTER, I AM COMMITTING
A CLASS ONE ELECTION OFFENSE AND
MAY BE PUNISHED BY IMPRISONMENT OF
NOT MORE THAN FIVE YEARS OR BY A
FINE OF BETWEEN TWO THOUSAND FIVE
HUNDRED DOLLARS AND TEN THOUSAND
DOLLARS OR BY BOTH SUCH IMPRISONMENT
AND FINE.

89

__________________ __________________
90

Signature of Voter Date
91

__________________
92 Signature of Election Official
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pursuant to section 115.159, or pursuant to section 115.160 109
or 115.162, shall attest to the statements on the 110
application by his or her signature. 111
(2) Any application for registration shall be 112
accompanied by documentary proof of United States 113
citizenship. The election authority shall reject any 114
application for registration that is not accompanied by 115
documentary proof of United States citizenship. The 116
election authority shall notify the applicant within ten 117
business days of receipt of the registration form if the 118
application was not accompanied by documentary proof of 119
United States citizenship. The notice shall state that the 120
registration cannot be completed until documentary proof of 121
United States citizenship is supplied. If the documentary 122
proof of United States citizenship is supplied before 7:00 123
p.m. on election day, that person is deemed to have been 124
registered on the date the registration was first received. 125
[4.] 5. Upon receipt by mail of a completed and signed 126
voter registration application, a voter registration 127
application forwarded by the division of motor vehicle and 128
drivers licensing of the department of revenue pursuant to 129
section 115.160, or a voter registration agency pursuant to 130
section 115.162, the election authority shall, if satisfied 131
that the applicant is entitled to register, transfer all 132
data necessary for the registration records from the 133
application to its registration system. Within seven 134
business days after receiving the application, the election 135
authority shall send the applicant a verification notice. 136
If such notice is returned as undeliverable by the postal 137
service within the time established by the election 138
authority, the election authority shall not place the 139
applicant's name on the voter registration file. 140
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[5.] 6. If, upon receipt by mail of a voter 141
registration application or a voter registration application 142
forwarded pursuant to section 115.160 or 115.162, the 143
election authority determines that the applicant is not 144
entitled to register, such authority shall, within seven 145
business days after receiving the application, so notify the 146
applicant by mail and state the reason such authority has 147
determined the applicant is not qualified. The applicant 148
may file a complaint with the elections division of the 149
secretary of state's office under and pursuant to section 150
115.219. If an applicant for voter registration fails to 151
answer the question on the application concerning United 152
States citizenship, the election authority shall notify the 153
applicant of the failure and provide the applicant with an 154
opportunity to complete the form in a timely manner to allow 155
for the completion of the registration form before the next 156
election. 157
[6.] 7. The secretary of state shall prescribe 158
specifications for voter registration documents so that they 159
are uniform throughout the state of Missouri and comply with 160
the National Voter Registration Act of 1993, including the 161
reporting requirements, and so that registrations, name 162
changes and transfers of registrations within the state may 163
take place as allowed by law. 164
[7.] 8. All voter registration applications shall be 165
preserved in the office of the election authority. 166
115.159. [1.] Any person who is qualified to register 1
in Missouri shall, upon application and submission to the 2
election authority of documentary proof of United States 3
citizenship, be entitled to register by mail. Upon request, 4
application forms shall be furnished by the election 5
authority or the secretary of state. 6
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[2. Notwithstanding any provision of law to the 7
contrary, the election authority shall not deliver any 8
absentee ballot to any person who registers to vote by mail 9
until after such person has: 10
(1) Voted, in person, after presentation of a proper 11
form of identification set out in section 115.427, for the 12
first time following registration; or 13
(2) Provided a copy of identification set out in 14
section 115.427 to the election authority. 15
This subsection shall not apply to those persons identified 16
in section 115.283 who are exempted from obtaining a notary 17
seal or signature on their absentee ballots. An individual 18
who has registered to vote by mail but who does not meet the 19
requirements of this subsection may cast a provisional 20
ballot by mail. Such ballot shall not be counted pursuant 21
to this chapter, and the individual shall be notified of the 22
reason for not counting the ballot. 23
3. Subsection 2 of this section shall not apply in the 24
case of a person: 25
(1) Who registers to vote by mail pursuant to Section 26
6 of the National Voter Registration Act of 1993 and submits 27
a copy of a current and valid photo identification as part 28
of such registration; 29
(2) Who registers to vote by mail pursuant to Section 30
6 of the National Voter Registration Act of 1993 and: 31
(a) Submits with such registration either a driver's 32
license number, or at least the last four digits of the 33
individual's Social Security number; and 34
(b) With respect to whom the secretary of state 35
matches the information submitted pursuant to paragraph (a) 36
of this subdivision with an existing state identification 37
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record bearing the same number, name, and date of birth as 38
provided in such registration; 39
(3) Who is: 40
(a) A covered voter defined in section 115.902; 41
(b) Provided the right to vote otherwise than in 42
person pursuant to Section 3(b)(2)(B)(ii) of the Voting 43
Accessibility for the Elderly and Handicapped Act; or 44
(c) Entitled to vote otherwise than in person pursuant 45
to any other federal law.] 46
115.160. 1. All Missouri driver's license applicants 1
shall receive a voter registration application form as a 2
simultaneous part of the application for a driver's license, 3
renewal of driver's license, change of address, duplicate 4
request and a nondriver's license. 5
2. If a single application form is used, the voter 6
registration application portion of any application 7
described in subsection 1 of this section may not require 8
any information that duplicates information required in the 9
driver's license portion of the form, except a second 10
signature or other information required by law. 11
3. After conferring with the secretary of state as the 12
chief state election official responsible for overseeing of 13
the voter registration process, the director of revenue 14
shall adopt rules and regulations pertaining to the format 15
of the voter registration application used by the 16
department. The director of revenue shall utilize 17
electronic voter registration application forms and provide 18
for secure electronic transfer of voter registration 19
information to election authorities. The secretary of state 20
and the director of revenue shall ensure the confidentiality 21
and integrity of the voter registration data collected, 22
maintained, received, or transmitted under this section. 23
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4. No information relating to the failure of an 24
applicant for a driver's license or nondriver's license to 25
sign a voter registration application may be used for any 26
purpose other than voter registration. 27
5. Any voter registration application received 28
pursuant to the provisions of this section shall be 29
forwarded, in a secure and electronic manner, to the 30
election authority located within that county or any city 31
not within a county, or if there is more than one election 32
authority within the county, then to the election authority 33
located nearest to the location where the driver's license 34
application was received. Voter registration information, 35
including an electronic image of the signature of the 36
applicant, shall be transmitted in a format compatible with 37
the Missouri voter registration system established in 38
section 115.158 which allows for review by the election 39
authority and does not require the election authority to 40
manually reenter the information, provided that the election 41
authority shall print out a paper copy of the information 42
and retain such information in the manner required by 43
section 115.145. The election authority receiving the 44
application forms shall review the applications and forward, 45
in a secure and electronic manner, any applications 46
pertaining to a different election authority to that 47
election authority. 48
6. A completed voter registration application accepted 49
in the driver's licensing process shall be transmitted to 50
the election authority described in subsection 5 of this 51
section not later than three business days after the form is 52
completed by the applicant. 53
7. Any person registering to vote when applying for or 54
renewing a Missouri driver's license shall submit with the 55
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application form [a copy of a birth certificate, a Native 56
American tribal document, or other proof of United States 57
citizenship, a valid Missouri driver's license, or other 58
form of personal identification] documentary proof of United 59
States citizenship. Any person who, at the time of a 60
transaction with the division of motor vehicle and driver 61
licensing of the department of revenue, provides a document 62
that establishes noncitizenship shall not be offered the 63
opportunity to register to vote as part of the transaction. 64
115.449. 1. As soon as the polls close in each 1
polling place using paper ballots, the election judges shall 2
begin to count the votes. If earlier counting is begun 3
pursuant to section 115.451, the election judges shall 4
complete the count in the manner provided by this section. 5
Once begun, no count shall be adjourned or postponed until 6
all proper votes have been counted. Notwithstanding any 7
provision of law to the contrary, all counting of ballots 8
under this section shall be recorded and streamed 9
electronically on the website of the respective election 10
authority. 11
2. One counting judge, closely observed by the other 12
counting judge, shall take the ballots out of the ballot box 13
one at a time and, holding each ballot in such a way that 14
the other counting judge may read it, shall read the name of 15
each candidate properly voted for and the office sought by 16
each. As each vote is called out, the recording judges 17
shall each record the vote on a tally sheet. The votes for 18
and against all questions shall likewise be read and 19
recorded. If more than one political subdivision or special 20
district is holding an election on the same day at the same 21
polling place and using separate ballots, the counting 22
judges may separate the ballots of each political 23
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subdivision and special district and first read one set, 24
then the next and so on until all proper votes have been 25
counted. 26
3. After the recording of all proper votes, the 27
recording judges shall compare their tallies. When the 28
recording judges agree on the count, they shall sign both of 29
the tally sheets, and one of the recording judges shall 30
announce in a loud voice the total number of votes for each 31
candidate and for and against each question. 32
4. After the announcement of the vote, the election 33
judges shall record the vote totals in the appropriate 34
places on each statement of returns. If any tally sheet or 35
statement of returns contains no heading for any question, 36
the election judges shall write the necessary headings on 37
the tally sheet or statement of returns. 38
115.477. 1. In each jurisdiction using an electronic 1
voting system, all proceedings at the counting location 2
shall be under the direction of the election authority. The 3
election authority shall appoint two judges, one from each 4
major political party, to be present and observe the count. 5
The counting shall be open to the public, but no persons, 6
except those employed and authorized for the purpose, shall 7
touch any ballot, ballot container or return. 8
Notwithstanding any provision of law to the contrary, all 9
counting of ballots under this section shall be recorded and 10
streamed electronically on the website of the respective 11
election authority. 12
2. The automatic tabulating equipment shall produce a 13
return showing the total number of votes cast for each 14
candidate and on each question at each polling place and in 15
the jurisdiction as a whole. 16
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3. If any ballot is damaged and cannot be properly 17
counted by the automatic tabulating equipment, it may be 18
handcounted in the manner provided for absentee ballots, or 19
a true duplicate copy may be made of the defective ballot. 20
If any ballot contains a number of votes and write-in votes 21
for any office which exceeds the number allowed by law, it 22
may be handcounted in the manner provided for absentee 23
ballots, a true duplicate copy be made which does not 24
include the invalid votes or, at the discretion of the 25
election judges, a self-adhesive removable label, 26
sensitized, may be placed over any mark to allow the ballot 27
to be processed through the automatic tabulating equipment. 28
The duplication of each ballot shall be closely observed by 29
two election judges or employees of the election authority, 30
one from each major political party. Each duplicate ballot 31
shall be clearly labeled "duplicate", shall bear a serial 32
number which shall be recorded on the defective ballot, and 33
shall be counted in lieu of the defective ballot. 34
115.601. 1. Any contestant in a primary or other 1
election contest who was defeated by less than one percent 2
of the votes cast for the office and any contestant who 3
received the second highest number of votes cast for that 4
office if two or more are to be elected and who was defeated 5
by less than one percent of the votes cast, or any person 6
whose position on a question was defeated by less than one 7
percent of the votes cast on the question, shall have the 8
right to a recount of the votes cast for the office or on 9
the question. 10
2. In cases where the candidate filed or the ballot 11
question was originally filed with an election authority as 12
defined in section 115.015, such recount shall be requested 13
in accordance with the provisions of section 115.531 or 14
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115.577 and conducted under the direction of the court or 15
the commissioner representing the court trying the contest 16
according to the provisions of this subchapter. 17
3. In cases where the candidate filed or the ballot 18
question was originally filed with the secretary of state, 19
the defeated candidate or the person whose position on a 20
question was defeated by less than one-half of one percent 21
of the votes cast on the question shall be allowed a recount 22
pursuant to this section by filing with the secretary of 23
state a request for a recount stating that the person or the 24
person's position on a question was defeated by less than 25
one-half of one percent of the votes cast. Such request 26
shall be filed not later than seven days after certification 27
of the election. The secretary of state shall notify all 28
concerned parties of the filing of the request for a 29
recount. The secretary of state shall authorize the 30
election authorities to conduct a recount pursuant to this 31
section if the requesting party or his position on a 32
question was defeated by less than one-half of one percent 33
of the votes cast. The secretary of state shall conduct and 34
certify the results of the recount as the official results 35
in the election within twenty days of receipt of the 36
aforementioned notice of recount. 37
4. Whenever a recount is requested pursuant to 38
subsection 3 of this section, the secretary of state shall 39
determine the number of persons necessary to assist with the 40
recount and shall appoint such persons equally from lists 41
submitted by the contestant and the opponent who received 42
more votes or a person whose position on a question received 43
more votes than the contestant's position on that question. 44
Each person appointed pursuant to this section shall be a 45
disinterested person and a registered voter of the area in 46
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which the contested election was held. Each person so 47
appointed shall take the oath prescribed for and receive the 48
same pay as an election judge in the jurisdiction where the 49
person is registered. After being sworn not to disclose any 50
facts uncovered by the recount, except those which are 51
contained in the report, the contestant and the opponent who 52
received more votes or a person whose position on a question 53
received more votes than the contestant's position on that 54
question shall be permitted to be present in person or 55
represented by an attorney at the recount and to observe the 56
recount. Each recount shall be completed under the 57
supervision of the secretary of state with the assistance of 58
the election authorities involved, and the persons appointed 59
to assist with the recount shall perform such duties as the 60
secretary of state directs. Upon completion of any duties 61
prescribed by the secretary of state the persons appointed 62
to assist with the recount shall make a written and signed 63
report of their findings. The findings of the persons 64
appointed to assist with the recount shall be prima facie 65
evidence of the facts stated therein, but any person present 66
at the examination of the votes may be a witness to 67
contradict the findings. No one other than the secretary of 68
state, the election authorities involved, the contestant and 69
the other witnesses described in this subsection, their 70
attorneys, and those specifically appointed by the secretary 71
of state to assist with the recount shall be present during 72
any recount conducted pursuant to this section. 73
5. In any election decided by less than five hundred 74
votes, each election authority whose office has jurisdiction 75
over the election being conducted shall conduct a recount 76
consistent with the provisions applicable to recounts 77
requested pursuant to subsection 3 of this section. 78
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6. For purposes of this section, "recount" means one 79
additional counting of all votes counted for the office or 80
on the question with respect to which the recount is 81
requested. 82
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