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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. 1217
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR LEWIS.
4559S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 115.277, 115.279, and 115.283, RSMo, and to enact in lieu thereof three new
sections relating to absentee voting.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.277, 115.279, and 115.283, RSMo, 1
are repealed and three new sections enacted in lieu thereof, to 2
be known as sections 115.277, 115.279, and 115.283, to read as 3
follows:4
115.277. 1. A registered voter of this state may cast 1
an absentee ballot in person at a location designated by the 2
election authority for all candidates and issues for which 3
such voter is eligible to vote at the polling place [if such 4
voter expects to be prevented from going to the polls to 5
vote on election day due to one of the reasons listed in 6
subsection 3 of this section]. A registered voter casting a 7
ballot under the provisions of this subsection shall provide 8
a form of personal photo identification that is consistent 9
with subsection 1 of section 115.427. [Beginning on the 10
second Tuesday prior to an election, a reason listed under 11
subsection 3 of this section shall not be required, provided 12
that, the provisions of section 1.140 to the contrary 13
notwithstanding, this sentence and section 115.427 shall be 14
nonseverable, and if any provision of section 115.427 is for 15
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any reason held to be invalid, such decision shall 16
invalidate this sentence.] 17
2. Except as provided in subsections 3, 4, and 5[, and 18
6] of this section, a registered voter of this state may 19
cast an absentee ballot not in person at a location 20
designated by the election authority for all candidates and 21
issues for which such voter [would be] is eligible to vote 22
at the polling place [if such voter expects to be prevented 23
from going to the polls to vote on election day due to one 24
of the reasons listed in subsection 3 of this section. An 25
absentee ballot that is not requested and completed in 26
person at the office of the election authority with a form 27
of personal photo identification that is consistent with 28
subsection 1 of section 115.427 shall have the statement on 29
the ballot envelope notarized as required under section 30
115.283, except that absentee ballots requested under 31
subdivisions (2) and (5) of subsection 3 of this section 32
shall not require notarization. This subsection shall apply 33
only in the case of absentee ballots that are not cast in 34
person]. 35
3. [A voter may request an absentee ballot for any of 36
the following reasons: 37
(1) Absence on election day from the jurisdiction of 38
the election authority in which such voter is registered to 39
vote; 40
(2) Incapacity or confinement due to illness or 41
physical disability on election day, including a person who 42
is primarily responsible for the physical care of a person 43
who is incapacitated or confined due to illness or 44
disability and resides at the same address; 45
(3) Religious belief or practice; 46
(4) Employment as: 47
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(a) An election authority, as a member of an election 48
authority, or by an election authority at a location other 49
than such voter's polling place; 50
(b) A first responder; 51
(c) A health care worker; or 52
(d) A member of law enforcement; 53
(5) Incarceration, provided all qualifications for 54
voting are retained; 55
(6) Certified participation in the address 56
confidentiality program established under sections 589.660 57
to 589.681 because of safety concerns. 58
4.] Any covered voter who is eligible to register and 59
vote in this state may vote in any election for federal 60
office, statewide office, state legislative office, or 61
statewide ballot initiatives by submitting a federal 62
postcard application to apply to vote by absentee ballot or 63
by submitting a federal postcard application at the polling 64
place even though the person is not registered. A federal 65
postcard application submitted by a covered voter pursuant 66
to this subsection shall also serve as a voter registration 67
application under section 115.908 and the election authority 68
shall, if satisfied that the applicant is entitled to 69
register, place the voter's name on the voter registration 70
file. Each covered voter may vote by absentee ballot or, 71
upon submitting an affidavit that the person is qualified to 72
vote in the election, may vote at the person's polling place. 73
[5.] 4. Any interstate former resident may vote by 74
absentee ballot for presidential and vice presidential 75
electors. 76
[6.] 5. Any new resident may vote by absentee ballot 77
for presidential and vice presidential electors after 78
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registering to vote in such resident's new jurisdiction of 79
residence. 80
115.279. 1. Application for an absentee ballot may be 1
made by the applicant in person, or by mail, or for the 2
applicant, in person, by his or her guardian or a relative 3
within the second degree by consanguinity or affinity. The 4
election authority shall accept applications by facsimile 5
transmission and by electronic mail within the limits of its 6
telecommunications capacity. 7
2. Notwithstanding section 115.284, no individual, 8
group, or party shall solicit a voter into obtaining an 9
absentee ballot application. Absentee ballot applications 10
shall not have the information prefilled prior to [it] being 11
provided to a voter. Nothing in this section shall be 12
interpreted to prohibit a state or local election authority 13
from assisting an individual voter. 14
3. Each application shall be made to the election 15
authority of the jurisdiction in which the person is or 16
would be registered. Each application shall be in writing 17
and shall state the applicant's name, address at which he or 18
she is or would be registered, [his or her reason for voting 19
an absentee ballot,] the address to which the ballot is to 20
be mailed, if mailing is requested, and for absent uniformed 21
services and overseas applicants, the applicant's email 22
address if electronic transmission is requested. If the 23
[reason for the applicant voting absentee is due to the 24
reasons established under subdivision (6) of subsection 3 of 25
section 115.277] applicant is a certified participant in the 26
address confidentiality program established under sections 27
589.660 to 589.681, the applicant shall state the voter's 28
identification information provided by the address 29
confidentiality program in lieu of the applicant's name, 30
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address at which he or she is or would be registered, and 31
address to which the ballot is to be mailed, if mailing is 32
requested. Each application to vote in a primary election 33
shall also state which ballot the applicant wishes to 34
receive. If any application fails to designate a ballot, 35
the election authority shall, within three working days 36
after receiving the application, notify the applicant by 37
mail that it will be unable to deliver an absentee ballot 38
until the applicant designates which political party ballot 39
he or she wishes to receive. If the applicant does not 40
respond to the request for political party designation, the 41
election authority is authorized to provide the voter with 42
that part of the ballot for which no political party 43
designation is required. 44
4. All applications for absentee ballots received 45
prior to the sixth Tuesday before an election shall be 46
stored at the office of the election authority until such 47
time as the applications are processed in accordance with 48
section 115.281. No application for an absentee ballot 49
received in the office of the election authority by mail, by 50
facsimile transmission, by electronic mail, or by a guardian 51
or relative after 5:00 p.m. on the second Wednesday 52
immediately prior to the election shall be accepted by any 53
election authority. No application for an absentee ballot 54
submitted by the applicant in person after 5:00 p.m. on the 55
day before the election shall be accepted by any election 56
authority, except as provided in subsections 7, 8, and 9 of 57
this section. 58
5. Each application for an absentee ballot shall be 59
signed by the applicant or, if the application is made by a 60
guardian or relative pursuant to this section, the 61
application shall be signed by the guardian or relative, who 62
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shall note on the application his or her relationship to the 63
applicant. If an applicant, guardian or relative is blind, 64
unable to read or write the English language or physically 65
incapable of signing the application, he or she shall sign 66
by mark, witnessed by the signature of an election official 67
or person of his or her own choosing. Any person who 68
knowingly makes, delivers or mails a fraudulent absentee 69
ballot application shall be guilty of a class one election 70
offense. 71
6. (1) Notwithstanding any law to the contrary, any 72
resident of the state of Missouri who resides outside the 73
boundaries of the United States or who is on active duty 74
with the Armed Forces of the United States or members of 75
their immediate family living with them may request an 76
absentee ballot for both the primary and subsequent general 77
election with one application. 78
(2) The election authority shall provide each absent 79
uniformed services voter and each overseas voter who submits 80
a voter registration application or an absentee ballot 81
request, if the election authority rejects the application 82
or request, with the reasons for the rejection. 83
(3) Notwithstanding any other law to the contrary, if 84
a standard oath regarding material misstatements of fact is 85
adopted for uniformed and overseas voters pursuant to the 86
Help America Vote Act of 2002, the election authority shall 87
accept such oath for voter registration, absentee ballot, or 88
other election-related materials. 89
(4) Not later than sixty days after the date of each 90
regularly scheduled general election for federal office, 91
each election authority which administered the election 92
shall submit to the secretary of state in a format 93
prescribed by the secretary a report on the combined number 94
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of absentee ballots transmitted to, and returned by, absent 95
uniformed services voters and overseas voters for the 96
election. The secretary shall submit to the Election 97
Assistance Commission a combined report of such information 98
not later than ninety days after the date of each regularly 99
scheduled general election for federal office and in a 100
standardized format developed by the commission pursuant to 101
the Help America Vote Act of 2002. The secretary shall make 102
the report available to the general public. 103
(5) As used in this section, the terms "absent 104
uniformed services voter" and "overseas voter" shall have 105
the meaning prescribed in 52 U.S.C. Section 20310. 106
7. An application for an absentee ballot by a new 107
resident shall be submitted in person by the applicant in 108
the office of the election authority in the election 109
jurisdiction in which such applicant resides. The 110
application shall be received by the election authority no 111
later than 7:00 p.m. on the day of the election. Such 112
application shall be in the form of an affidavit, executed 113
in duplicate in the presence of the election authority or 114
any authorized officer of the election authority, and in 115
substantially the following form: 116
117 "STATE OF _________
118 COUNTY OF _________ , ss.
119 I, ______, do solemnly swear that:
120
121
122
123
124
(1) Before becoming a resident of this
state, I resided at ______
(residence address) in ______ (town,
township, village or city) of ______
County in the state of ______;
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8. The election authority in whose office an 150
application is filed pursuant to subsection 7 of this 151
section shall immediately send a duplicate of such 152
application to the appropriate official of the state in 153
125
126
127
128
129
(2) I moved to this state after the last
day to register to vote in such
general presidential election and I
am now residing in the county of
______, state of Missouri;
130
131
132
133
134
(3) I believe I am entitled pursuant
to the laws of this state to vote
in the presidential election to
be held November ______, ______
(year);
135
136
137
138
139
(4) I hereby make application for a
presidential and vice presidential
ballot. I have not voted and shall
not vote other than by this ballot
at such election.
140 Signed __________________
141 (Applicant)
142
__________________
143
144
(Residence
Address)
145
146
[Subscribed and sworn to before me this
______ day of ______, ______
147 Signed __________________
148
149
(Title and name of officer authorized to
administer oaths)"]
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which the new resident applicant last resided and shall file 154
the original of such application in its office. 155
9. An application for an absentee ballot by an 156
interstate former resident shall be received in the office 157
of the election authority where the applicant was formerly 158
registered by 5:00 p.m. on the second Wednesday immediately 159
prior to the election, unless the application is made in 160
person by the applicant in the office of the election 161
authority, in which case such application shall be made no 162
later than 7:00 p.m. on the day of the election. 163
115.283. 1. Each ballot envelope shall bear a 1
statement on which the voter shall state the voter's name, 2
the voter's voting address, and the voter's mailing address 3
[and the voter's reason for voting an absentee ballot]. If 4
the [reason for the voter voting absentee is due to the 5
reasons established under subdivision (6) of subsection 3 of 6
section 115.277] applicant is a certified participant in the 7
address confidentiality program established under sections 8
589.660 to 589.681, the voter shall state the voter's 9
identification information provided by the address 10
confidentiality program in lieu of the applicant's name, 11
voting address, and mailing address. On the form, the voter 12
shall also state under penalties of perjury that the voter 13
is qualified to vote in the election, that the voter has not 14
previously voted and will not vote again in the election, 15
that the voter has personally marked the voter's ballot in 16
secret or supervised the marking of the voter's ballot if 17
the voter is unable to mark it, that the ballot has been 18
placed in the ballot envelope and sealed by the voter or 19
under the voter's supervision if the voter is unable to seal 20
it, and that all information contained in the statement is 21
true. In addition, any person providing assistance to the 22
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absentee voter shall include a statement on the envelope 23
identifying the person providing assistance under penalties 24
of perjury. Persons authorized to vote only for federal and 25
statewide officers shall also state their former Missouri 26
residence. 27
2. The statement for persons voting absentee ballots 28
who are registered voters shall be in substantially the 29
following form: 30
31 State of Missouri
32 County (City) of _______________
33
34
35
36
37
38
39
I, ______ (print name), a registered voter of
______ County (City of St. Louis, Kansas City),
declare under the penalties of perjury that I am
voting in person at a location designated by the
local election authority or I expect to be
prevented from going to the polls on election day
[due to (check one):
40
41
42
______ absence on election day from the
jurisdiction of the election
authority in which I am registered;
43
44
45
46
47
48
______ incapacity or confinement due to
illness or physical disability on
election day, including caring for a
person who is incapacitated or
confined due to illness or disability
and resides at the same address;
49 ______ religious belief or practice;
50
51
52
53
______ employment as an election authority,
by an election authority at a
location other than my polling place,
as a first responder, as a health
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54
55
care worker, or as a member of law
enforcement;
56
57
58
______ incarceration, although I have
retained all the necessary
qualifications for voting;
59
60
61
62
______ certified participation in the
address confidentiality program
established under sections 589.660 to
589.681 because of safety concerns.
63
64
65
66
67
68
69
70
71
72
73
I hereby state under penalties of perjury] and
that I am qualified to vote at this election; I
have not voted and will not vote other than by
this ballot at this election. I further state that
I marked the enclosed ballot in secret or that I
am blind, unable to read or write English, or
physically incapable of marking the ballot, and
the person of my choosing indicated below marked
the ballot at my direction; all of the information
on this statement is, to the best of my knowledge
and belief, true.
74 __________________ __________________
75 Signature of Voter Signature of Person
76 Assisting Voter
77 (if applicable)
78 Signed ______ [Subscribed and sworn]
79 Signed ______ [to before me this]
80
81
Address of Voter [______day of ______,
______]
82 __________________ [__________________ ]
83 __________________ [__________________ ]
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3. The statement for persons voting absentee ballots 88
pursuant to the provisions of subsection 4, 5, or 6 of 89
section 115.277 without being registered shall be in 90
substantially the following form: 91
84 Mailing Addresses [Signature of notary or]
85 (if different) [other officer
86 authorized to
87 administer oaths]
92 State of Missouri
93 County (City) of ______
94
95
96
97
98
99
100
101
102
103
104
I, ______ (print name), declare under the
penalties of perjury that I am a citizen of the
United States and eighteen years of age or
older. I am not adjudged incapacitated by any
court of law, and 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 hereby state under
penalties of perjury that I am qualified to vote
at this election.
105
106
107
I am an interstate former resident of Missouri
and authorized to vote for presidential and vice
presidential electors.
108
109
110
111
112
113
114
I further state under penalties of perjury that
I have not voted and will not vote other than by
this ballot at this election; I marked the
enclosed ballot in secret or am blind, unable to
read or write English, or physically incapable
of marking the ballot, and the person of my
choosing indicated below marked the ballot at my
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4. The statement for persons voting absentee ballots 137
who are entitled to vote at the election pursuant to the 138
115
116
117
direction; all of the information on this
statement is, to the best of my knowledge and
belief, true.
118 __________________ [Subscribed to and ]
119 Signature of Voter [sworn before me this
120 ______ day of
121 ______, ______]
122 __________________
123 __________________ [__________________ ]
124
125
Address of Voter [Signature of notary
or
126 other officer
127 authorized to
128 administer oaths]
129 __________________ __________________
130
131
Mailing Address (if
different)
__________________
132 __________________
133 __________________ __________________
134 Signature of Person Address of Last
135 Assisting Voter Missouri Residence
136 (if applicable)
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provisions of subsection 2 of section 115.137 shall be in 139
substantially the following form: 140
141 State of Missouri
142 County (City) of ______
143
144
145
146
[I, ______ (print name), declare under the
penalties of perjury that I expect to be
prevented from going to the polls on election day
due to (check one):
147
148
149
______ absence on election day from the
jurisdiction of the election authority
in which I am directed to vote;
150
151
152
153
154
155
______ incapacity or confinement due to
illness or physical disability on
election day, including caring for a
person who is incapacitated or
confined due to illness or disability
and resides at the same address;
156 ______ religious belief or practice;
157
158
159
160
161
162
______ employment as an election authority,
by an election authority at a location
other than my polling place, as a
first responder, as a health care
worker, or as a member of law
enforcement;
163
164
165
______ incarceration, although I have
retained all the necessary
qualifications of voting;
166
167
168
169
______ certified participation in the address
confidentiality program established
under sections 589.660 to 589.681
because of safety concerns.
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170
171
172
173
174
175
176
177
178
179
180
181
I hereby state under penalties of perjury that] I
own property in the ______ district and am
qualified to vote at this election; I have not
voted and will not vote other than by this ballot
at this election. I further state that I marked
the enclosed ballot in secret or that I am blind,
unable to read and write English, or physically
incapable of marking the ballot, and the person
of my choosing indicated below marked the ballot
at my direction; all of the information on this
statement is, to the best of my knowledge and
belief, true.
182 __________________ [Subscribed and sworn]
183 Signature of Voter [to before me this
184 ______ day of
185 ______, ______]
186 __________________
187 __________________ [__________________ ]
188 Address [Signature of notary or
189 other officer
190 authorized to
191 administer oaths]
192 __________________
193 Signature of Person
194 Assisting Voter
195 (if applicable)
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5. The statement for persons providing assistance to 196
absentee voters shall be in substantially the following form: 197
6. Notwithstanding any other provision of this 218
section, any covered voter as defined in section 115.902 or 219
persons who have declared themselves to be permanently 220
disabled pursuant to section 115.284, otherwise entitled to 221
vote, shall not be required to obtain a notary seal or 222
signature on his or her absentee ballot. 223
7. Notwithstanding any other provision of this section 224
or section 115.291 to the contrary, the subscription, 225
signature and seal of a notary or other officer authorized 226
198
199
200
201
202
203
204
205
206
207
208
209
210
The voter needed assistance in marking the
ballot and signing above, because of
blindness, other physical disability, or
inability to read or to read English. I
marked the ballot enclosed in this envelope
at the voter's direction, when I was alone
with the voter, and I had no other
communication with the voter as to how he or
she was to vote. The voter swore or affirmed
the voter affidavit above and I then signed
the voter's name and completed the other
voter information above. Signed under the
penalties of perjury.
211 Reason why voter needed assistance: ______
212 ASSISTING PERSON SIGN HERE
213 1. ______ (signature of assisting person)
214 2. ______ (assisting person's name printed)
215 3. ______ (assisting person's residence)
216
217
4. ______ (assisting person's home city or
town).
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to administer oaths shall not be required on any ballot, 227
ballot envelope, or statement required by this section if 228
[the reason for] the voter is voting absentee [is due to the 229
reasons established pursuant to subdivision (2) of 230
subsection 3 of section 115.277. 231
8. No notary shall charge or collect a fee for 232
notarizing the signature on any absentee ballot or absentee 233
voter registration. 234
9. A notary public who charges more than the maximum 235
fee specified or who charges or collects a fee for 236
notarizing the signature on any absentee ballot or absentee 237
voter registration is guilty of official misconduct]. 238
✓