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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 COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 836
103RD GENERAL ASSEMBLY
4195S.03C KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 115.125, 115.127, 115.233, 115.277, 115.284, 115.427, 115.430, and 115.453,
RSMo, and to enact in lieu thereof eight new sections relating to elections.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.125, 115.127, 115.233, 115.277, 1
115.284, 115.427, 115.430, and 115.453, RSMo, are repealed and 2
eight new sections enacted in lieu thereof, to be known as 3
sections 115.125, 115.127, 115.233, 115.277, 115.284, 115.427, 4
115.430, and 115.453, to read as follows:5
115.125. 1. Not later than 5:00 p.m. on the tenth 1
Tuesday prior to any election, except a special election to 2
decide an election contest, tie vote or an election to elect 3
seven members to serve on a school board of a district 4
pursuant to section 162.241, or a delay in notification 5
pursuant to subsection [3] 2 of this section, or pursuant to 6
the provisions of section 115.399, the officer or agency 7
calling the election shall notify the election authorities 8
responsible for conducting the election. The notice shall 9
be in writing, shall specify the name of the officer or 10
agency calling the election and shall include a certified 11
copy of the legal notice to be published pursuant to 12
subsection 2 of section 115.127. The notice and any other 13
information required by this section may, with the prior 14
notification to the election authority receiving the notice, 15
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be accepted by email or facsimile transmission prior to 5:00 16
p.m. on the tenth Tuesday prior to the election[, provided 17
that the original copy of the notice and a certified copy of 18
the legal notice to be published shall be received in the 19
office of the election authority within three business days 20
from the date of the facsimile transmission. 21
2. In lieu of a certified copy of the legal notice to 22
be published pursuant to subsection 2 of section 115.127, 23
each notice of a special election to fill a vacancy shall 24
include the name of the office to be filled, the date of the 25
election and the date by which candidates must be selected 26
or filed for the office. Not later than the sixth Tuesday 27
prior to any special election to fill a vacancy called by a 28
political subdivision or special district, the officer or 29
agency calling the election shall certify a sample ballot to 30
the election authorities responsible for conducting the 31
election. 32
3.] 2. Except as provided for in sections 115.247 and 33
115.359, if there is no additional cost for the printing or 34
reprinting of ballots or if the political subdivision or 35
special district calling for the election agrees to pay any 36
printing or reprinting costs, a political subdivision or 37
special district may, at any time after certification of the 38
notice of election required in subsection 1 of this section, 39
but no later than 5:00 p.m. on the eighth Tuesday before the 40
election, be permitted to make late notification to the 41
election authority pursuant to court order, which, except 42
for good cause shown by the election authority in opposition 43
thereto, shall be freely given upon application by the 44
political subdivision or special district to the circuit 45
court of the area of such subdivision or district. No court 46
shall have the authority to order an individual or issue be 47
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placed on the ballot less than eight weeks before the date 48
of the election. 49
115.127. 1. Except as provided in subsection 4 of 1
this section, upon receipt of notice of a special election 2
to fill a vacancy submitted pursuant to subsection 2 of 3
section 115.125, the election authority shall cause legal 4
notice of the special election to be published in a 5
newspaper of general circulation in its jurisdiction. The 6
notice shall include the name of the officer or agency 7
calling the election, the date and time of the election, the 8
name of the office to be filled and the date by which 9
candidates must be selected or filed for the office. Within 10
one week prior to each special election to fill a vacancy 11
held in its jurisdiction, the election authority shall cause 12
legal notice of the election to be published in two 13
newspapers of different political faith and general 14
circulation in the jurisdiction. The legal notice shall 15
include the date and time of the election, the name of the 16
officer or agency calling the election and a sample ballot. 17
If there is only one newspaper of general circulation in the 18
jurisdiction, the notice shall be published in the newspaper 19
within one week prior to the election. If there are two or 20
more newspapers of general circulation in the jurisdiction, 21
but no two of opposite political faith, the notice shall be 22
published in any two of the newspapers within one week prior 23
to the election. 24
2. Except as provided in subsections 1 and 4 of this 25
section and in sections 115.521, 115.549 and 115.593, the 26
election authority shall cause legal notice of each election 27
held in its jurisdiction to be published. The notice shall 28
be published in two newspapers of different political faith 29
and qualified pursuant to chapter 493 which are published 30
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within the bounds of the area holding the election. If 31
there is only one so-qualified newspaper, then notice shall 32
be published in only one newspaper. If there is no 33
newspaper published within the bounds of the election area, 34
then the notice shall be published in two qualified 35
newspapers of different political faith serving the area. 36
Notice shall be published twice, the first publication 37
occurring in the second week prior to the election, and the 38
second publication occurring within one week prior to the 39
election. Each such legal notice shall include the date and 40
time of the election, the name of the officer or agency 41
calling the election and a sample ballot; and, unless notice 42
has been given as provided by section 115.129, the second 43
publication of notice of the election shall include the 44
location of polling places. The election authority may 45
provide any additional notice of the election it deems 46
desirable. 47
3. The election authority shall print the official 48
ballot as the same appears on the sample ballot, and no 49
candidate's name or ballot issue which appears on the sample 50
ballot or official printed ballot shall be stricken or 51
removed from the ballot except on death of a candidate or by 52
court order, but in no event shall a candidate or issue be 53
stricken or removed from the ballot less than eight weeks 54
before the date of the election. 55
4. In lieu of causing legal notice to be published in 56
accordance with any of the provisions of this chapter, the 57
election authority in jurisdictions which have less than 58
seven hundred fifty registered voters and in which no 59
newspaper qualified pursuant to chapter 493 is published, 60
may cause legal notice to be mailed during the second week 61
prior to the election, by first class mail, to each 62
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registered voter at the voter's voting address. All such 63
legal notices shall include the date and time of the 64
election, the location of the polling place, the name of the 65
officer or agency calling the election and a sample ballot. 66
5. If the opening date for filing a declaration of 67
candidacy for any office in a political subdivision or 68
special district is not required by law or charter, the 69
opening filing date shall be 8:00 a.m., the [seventeenth] 70
sixteenth Tuesday prior to the election. If the closing 71
date for filing a declaration of candidacy for any office in 72
a political subdivision or special district is not required 73
by law or charter, the closing filing date shall be 5:00 74
p.m., the [fourteenth] thirteenth Tuesday prior to the 75
election, or if the thirteenth Tuesday prior to the election 76
is a state or federal holiday, the closing filing date shall 77
be 5:00 p.m. on the next day that is not a state or federal 78
holiday. The political subdivision or special district 79
calling an election shall, before the [seventeenth] 80
sixteenth Tuesday, prior to any election at which offices 81
are to be filled, notify the general public of the opening 82
filing date, the office or offices to be filled, the proper 83
place for filing and the closing filing date of the 84
election. Such notification may be accomplished by legal 85
notice published in at least one newspaper of general 86
circulation in the political subdivision or special district. 87
6. Except as provided for in sections 115.247 and 88
115.359, if there is no additional cost for the printing or 89
reprinting of ballots or if the candidate agrees to pay any 90
printing or reprinting costs, a candidate who has filed for 91
an office or who has been duly nominated for an office may, 92
at any time after the certification of the notice of 93
election required in subsection 1 of section 115.125 but no 94
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later than 5:00 p.m. on the eighth Tuesday before the 95
election, withdraw as a candidate pursuant to a court order, 96
which, except for good cause shown by the election authority 97
in opposition thereto, shall be freely given upon 98
application by the candidate to the circuit court of the 99
area of such candidate's residence. 100
115.233. [Within] At least fourteen days prior to an 1
election and no less than one week prior to an election at 2
which an electronic voting system is to be used, the 3
election authority shall have the automatic tabulating 4
equipment tested to ascertain that the equipment is in 5
compliance with the law and that it will correctly count the 6
votes cast for all offices and on all questions. At least 7
forty-eight hours prior to the test, notice of the time and 8
place of the test shall be mailed to each independent and 9
new party candidate and the chairman of the county committee 10
of each established political party named on the ballot. 11
The test shall be observed by at least two persons 12
designated by the election authority, one from each major 13
political party, and shall be open to representatives of the 14
political parties, candidates, the news media and the 15
public. The test shall be conducted by processing a 16
preaudited group of ballots. If any error is detected, the 17
cause shall be ascertained and corrected, and an errorless 18
count shall be made before the tabulating equipment is 19
approved. 20
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
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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
any reason held to be invalid, such decision shall 16
invalidate this sentence. 17
2. Except as provided in subsections 4, 5, and 6 of 18
this section, a registered voter of this state may cast an 19
absentee ballot not in person at a location designated by 20
the election authority for all candidates and issues for 21
which such voter would be eligible to vote at the polling 22
place if such voter expects to be prevented from going to 23
the polls to vote on election day due to one of the reasons 24
listed in subsection 3 of this section. An absentee ballot 25
that is not requested and completed in person at the office 26
of the election authority with a form of personal photo 27
identification that is consistent with subsection 1 of 28
section 115.427 shall have the statement on the ballot 29
envelope notarized as required under section 115.283, except 30
that absentee ballots requested under subdivisions (2) and 31
(5) of subsection 3 of this section shall not require 32
notarization. This subsection shall apply only in the case 33
of absentee ballots that are not cast in person. 34
3. A voter may request an absentee ballot for any of 35
the following reasons: 36
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(1) Absence on election day from the jurisdiction of 37
the election authority in which such voter is registered to 38
vote; 39
(2) Incapacity or confinement due to illness or 40
physical disability on election day, including a person who 41
is primarily responsible for the physical care of a person 42
who is incapacitated or confined due to illness or 43
disability and resides at the same address; 44
(3) Religious belief or practice; 45
(4) Employment as: 46
(a) An election authority, as a member of an election 47
authority, or by an election authority at a location other 48
than such voter's polling place; 49
(b) A first responder; 50
(c) A health care worker; or 51
(d) A member of law enforcement; 52
(5) Incarceration, provided all qualifications for 53
voting are retained; 54
(6) Certified participation in the address 55
confidentiality program established under sections 589.660 56
to 589.681 because of safety concerns. 57
4. Any covered voter who is eligible to register and 58
vote in this state may vote in any election for federal 59
office, statewide office, state legislative office, or 60
statewide ballot initiatives by submitting a federal 61
postcard application to apply to vote by absentee ballot or 62
by submitting a federal postcard application at the [polling 63
place] office of the election authority on election day, 64
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
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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. Any interstate former resident may vote by absentee 74
ballot or at the office of the election authority on 75
election day for presidential and vice presidential electors. 76
6. Any new resident may vote by absentee ballot or at 77
the office of the election authority on election day for 78
presidential and vice presidential electors after 79
registering to vote in such resident's new jurisdiction of 80
residence. 81
115.284. 1. There is hereby established an absentee 1
voting process to assist persons with permanent disabilities 2
in the exercise of their voting rights. 3
2. The local election authority shall send an 4
application to participate in the absentee voting process 5
set out in this section to any registered voter residing 6
within the election authority's jurisdiction upon request. 7
3. Upon receipt of a properly completed application, 8
the election authority shall enter the voter's name on a 9
list of voters qualified to participate as absentee voters 10
pursuant to this section. 11
4. The application to participate in the absentee 12
voting process shall be in substantially the following form: 13
14 State of _________
15 County (City) of _________
16
17
I, _________ (print applicant's name), declare
that I am a resident and registered voter of
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5. Not earlier than ten weeks before an election but 30
prior to the fourth Tuesday prior to an election, the 31
election authority shall deliver to each voter qualified to 32
participate as absentee voters pursuant to this section an 33
absentee ballot application if the voter is eligible to vote 34
in that election. If the voter returns the absentee request 35
application to the election authority not later than 5:00 36
p.m. on the second Wednesday before an election and has 37
retained the necessary qualifications to vote, the election 38
authority shall provide the voter with an absentee ballot 39
pursuant to this chapter. 40
6. The election authority shall remove from the list 41
of voters qualified to participate as absentee voters 42
pursuant to this section any voter who: 43
(1) Asks to be removed from the list; 44
(2) Dies; 45
(3) Becomes disqualified from voting pursuant to this 46
chapter; or 47
(4) No longer resides at the address of his or her 48
voter registration. 49
18
19
20
21
22
23
24
_________ County, Missouri, and am permanently
disabled. I hereby request that my name be placed
on the election authority's list of voters
qualified to participate as absentee voters
pursuant to section 115.284, and that I be
delivered an absentee ballot application for each
election in which I am eligible to vote.
25
26
_____________________
Signature of Voter
27
28
29
_____________________
_____________________
Voter's Address
SCS SB 836 11
7. All lists of applications under this section shall 50
be kept confidential. 51
115.427. 1. Persons seeking to vote in a public 1
election shall establish their identity and eligibility to 2
vote at the polling place or, if voting absentee in person 3
under section 115.277, at the office of the election 4
authority or other authorized location designated by the 5
election authority by presenting a form of personal photo 6
identification to election officials. No form of personal 7
photo identification other than the forms listed in this 8
section shall be accepted to establish a voter's 9
qualifications to vote. Forms of personal photo 10
identification that satisfy the requirements of this section 11
are any one of the following: 12
(1) Nonexpired Missouri driver's license; 13
(2) Nonexpired or nonexpiring Missouri nondriver's 14
license; 15
(3) A document that satisfies all of the following 16
requirements: 17
(a) The document contains the name of the individual 18
to whom the document was issued, and the name substantially 19
conforms to the most recent signature in the individual's 20
voter registration record; 21
(b) The document shows a photograph of the individual; 22
(c) The document includes an expiration date, and the 23
document is not expired, or, if expired, the document 24
expired after the date of the most recent general election; 25
and 26
(d) The document was issued by the United States or 27
the state of Missouri; or 28
(4) Any identification containing a photograph of the 29
individual which is issued by the Missouri National Guard, 30
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the United States Armed Forces, including the Space Force, 31
or the United States Department of Veteran Affairs to a 32
member or former member of the Missouri National Guard or 33
the United States Armed Forces, including the Space Force, 34
and that is not expired or does not have an expiration date. 35
2. (1) An individual who appears at a polling place 36
or, if voting absentee in person pursuant to section 37
115.277, at the office of the election authority or other 38
authorized location designated by the election authority, 39
without a form of personal identification described in 40
subsection 1 of this section and who is otherwise qualified 41
to vote at that [polling place] location shall be allowed to 42
cast a provisional ballot. The election judges or election 43
authority shall make a notation on the provisional ballot 44
envelope to indicate that the voter's identity was not 45
verified. 46
(2) No person shall be entitled to receive a 47
provisional ballot until such person has completed a 48
provisional ballot affidavit on the provisional ballot 49
envelope. All provisional ballots shall be marked with a 50
conspicuous stamp or mark that makes them distinguishable 51
from other ballots. 52
(3) The provisional ballot envelope shall be completed 53
by the voter for use in determining the voter's eligibility 54
to cast a ballot. 55
3. The provisional ballot envelope shall provide a 56
place for the voter's name, address, date of birth, and last 57
four digits of his or her Social Security number, followed 58
by a certificate in substantially the following form: 59
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60
61
62
I do solemnly swear that I am the person identified
above and the information provided is correct. I
understand that my vote will not be counted unless:
63
64
65
(1) (a) I return to this polling place today
between 6:00 a.m. and 7:00 p.m. and provide one of
the following forms of identification:
66 a. Nonexpired Missouri driver's license;
67
68
b. Nonexpired or nonexpiring Missouri nondriver's
license;
69
70
c. A document that satisfies all of the following
requirements:
71
72
73
(i) The document contains my name, in
substantially the same form as the most recent
signature on my voter registration record;
74 (ii) The document contains my photograph;
75
76
77
78
(iii) The document contains an expiration date
and is not expired, or if expired, the document
expired after the date of the most recent general
election; and
79
80
(iv) The document was issued by the United States
or the state of Missouri; or
81
82
83
84
85
86
87
d. Identification containing my photograph issued
to me by the Missouri National Guard, the United
States Armed Forces, including Space Force, or the
United States Department of Veteran Affairs as a
member or former member of the Missouri National
Guard or the United States Armed Forces that is not
expired or does not have an expiration date; or
88
89
90
(b) The election authority verifies my identity by
comparing my signature on this envelope to the
signature on file with the election authority and
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Once voted, the provisional ballot shall be sealed in the 99
provisional ballot envelope and placed in a separate secured 100
container by the election judge or election authority. 101
4. The provisional ballot cast by such voter shall not 102
be counted unless: 103
(1) (a) The voter returns to the polling place during 104
the uniform polling hours established by section 115.407 or, 105
if voting by absentee ballot in person, the voter returns to 106
the election authority's office by 7 p.m. on election day 107
and provides a form of personal identification that allows 108
the election judges to verify the voter's identity as 109
provided in subsection 1 of this section; or 110
(b) The election authority verifies the identity of 111
the individual by comparing that individual's signature to 112
the signature on file with the election authority and 113
determines that the individual was eligible to cast a ballot 114
at the [polling place] location where the ballot was cast; 115
and 116
(2) The provisional ballot otherwise qualifies to be 117
counted under section 115.430. 118
91
92
determines that I was eligible to cast a ballot at
this polling place; and
93
94
(2) This provisional ballot otherwise qualifies to
be counted under the laws of the State of Missouri.
95 __________________ ____________________
96 Signature of Voter Date
97 __________________ ____________________
98 Signature of Election Officials
SCS SB 836 15
5. The secretary of state shall provide notice of the 119
personal photo identification requirements described in 120
subsection 1 of this section on the official state internet 121
website of the secretary of state. 122
6. (1) Notwithstanding the provisions of section 123
136.055 and section 302.181 to the contrary, the state and 124
all fee offices shall provide one nondriver's license at no 125
cost to any otherwise qualified voter who does not already 126
possess such identification and who desires the 127
identification for voting. 128
(2) This state and its agencies shall provide one copy 129
of each of the following, free of charge, if needed by an 130
individual seeking to obtain a form of personal photo 131
identification described in subsection 1 of this section in 132
order to vote: 133
(a) A birth certificate; 134
(b) A marriage license or certificate; 135
(c) A divorce decree; 136
(d) A certificate of decree of adoption; 137
(e) A court order changing the person's name; 138
(f) A Social Security card reflecting an updated name; 139
and 140
(g) Naturalization papers or other documents from the 141
United States Department of State proving citizenship. 142
Any individual seeking one of the above documents in order 143
to obtain a form of personal photo identification described 144
in subsection 1 of this section for voting may request the 145
secretary of state to facilitate the acquisition of such 146
documents. The secretary of state shall pay any fee or fees 147
charged by another state or its agencies, or any court of 148
competent jurisdiction in this state or any other state, or 149
SCS SB 836 16
the federal government or its agencies, in order to obtain 150
any of the above documents from such state or the federal 151
government. 152
(3) Any applicant who requests a nondriver's license 153
for voting shall not be required to pay a fee. The state of 154
Missouri shall pay the legally required fees for any such 155
applicant. The department of revenue and a local election 156
authority may enter into a contract that allows the local 157
election authority to assist the department in issuing 158
nondriver's license photo identifications. 159
7. The director of the department of revenue shall, by 160
January first of each year, prepare and deliver to each 161
member of the general assembly a report documenting the 162
number of individuals who have requested and received a 163
nondriver's license photo identification for the purposes of 164
voting under this section. The report shall also include 165
the number of persons requesting a nondriver's license for 166
purposes of voting under this section, but not receiving 167
such license, and the reason for the denial of the 168
nondriver's license. 169
8. The precinct register shall serve as the voter 170
identification certificate. The following form shall be 171
printed at the top of each page of the precinct register: 172
173 VOTER'S IDENTIFICATION CERTIFICATE
174
175
176
Warning: It is against the law for anyone to vote,
or attempt to vote, without having a lawful right
to vote.
177 PRECINCT
178 WARD OR TOWNSHIP ______
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9. The secretary of state shall promulgate rules to 185
effectuate the provisions of this section. 186
10. Any rule or portion of a rule, as that term is 187
defined in section 536.010, that is created under the 188
authority delegated in this section shall become effective 189
only if it complies with and is subject to all of the 190
provisions of chapter 536 and, if applicable, section 191
536.028. This section and chapter 536 are nonseverable and 192
if any of the powers vested with the general assembly 193
pursuant to chapter 536 to review, to delay the effective 194
date or to disapprove and annul a rule are subsequently held 195
unconstitutional, then the grant of rulemaking authority and 196
any rule proposed or adopted after August 28, 2002, shall be 197
invalid and void. 198
11. If any voter is unable to sign his name at the 199
appropriate place on the certificate or computer printout, 200
an election judge or election authority shall print the name 201
and address of the voter in the appropriate place on the 202
precinct register, the voter shall make his mark in lieu of 203
signature, and the voter's mark shall be witnessed by the 204
signature of an election judge or election authority. 205
115.430. 1. This section shall apply to [primary and 1
general elections where candidates for federal or statewide 2
offices are nominated or elected and any election where 3
179 GENERAL (SPECIAL, PRIMARY) ELECTION
180 Held ______, 20______
181 Date
182
183
184
I hereby certify that I am qualified to vote at
this election by signing my name and verifying my
address by signing my initials next to my address.
SCS SB 836 18
statewide issue or issues are submitted to the voters] any 4
public election. 5
2. (1) A voter claiming to be properly registered in 6
the jurisdiction of the election authority and eligible to 7
vote in an election, but whose eligibility at that precinct 8
cannot be immediately established upon examination of the 9
precinct register, shall be entitled to vote a provisional 10
ballot after providing a form of personal identification 11
required pursuant to section 115.427 or upon executing an 12
affidavit under section 115.427, or may vote at a central 13
polling place as established in section 115.115 where the 14
voter may vote his or her appropriate ballot for his or her 15
precinct of residence upon verification of eligibility or 16
vote a provisional ballot if eligibility cannot be 17
determined. The provisional ballot provided to a voter 18
under this section shall be the ballot provided to a 19
resident of the voter's precinct determined by reference to 20
the affidavit provided for in this section. If the voter 21
declares that the voter is eligible to vote and the election 22
authority determines that the voter is eligible to vote at 23
another polling place, the voter shall be directed to the 24
correct polling place or a central polling place as 25
established by the election authority pursuant to subsection 26
5 of section 115.115. If the voter refuses to go to the 27
correct polling place or a central polling place, the voter 28
shall be permitted to vote a provisional ballot at the 29
incorrect polling place, but such ballot shall not be 30
counted if the voter was not eligible to vote at that 31
polling place. 32
(2) The following steps shall be taken to establish a 33
voter's eligibility to vote at a polling place: 34
SCS SB 836 19
(a) The election judge shall examine the precinct 35
register as provided in section 115.425. If the voter is 36
registered and eligible to vote at the polling place, the 37
voter shall receive a regular ballot; 38
(b) If the voter's eligibility cannot be immediately 39
established by examining the precinct register, the election 40
judge shall contact the election authority. If the election 41
authority cannot immediately establish that the voter is 42
registered and eligible to vote at the polling place upon 43
examination of the Missouri voter registration system, or if 44
the election judge is unable to make contact with the 45
election authority immediately, the voter shall be notified 46
that the voter is entitled to a provisional ballot. 47
(3) The voter shall have the duty to appear and vote 48
at the correct polling place. If an election judge 49
determines that the voter is not eligible to vote at the 50
polling place at which a voter presents himself or herself, 51
and if the voter appears to be eligible to vote at another 52
polling place, the voter shall be informed that he or she 53
may cast a provisional ballot at the current polling place 54
or may travel to the correct polling place or a central 55
polling place, as established by the election authority 56
under subsection 5 of section 115.115, where the voter may 57
cast a regular ballot or provisional ballot if the voter's 58
eligibility still cannot be determined. Provisional ballots 59
cast at a polling place shall be counted only if the voter 60
was eligible to vote at such polling place as provided in 61
subsection 5 of this section. 62
(4) For a voter requesting an absentee ballot in 63
person, such voter shall be entitled to cast a provisional 64
ballot when the voter's eligibility cannot be immediately 65
SCS SB 836 20
established upon examination of the precinct registers or 66
the Missouri voter registration system. 67
(5) Prior to accepting any provisional ballot at the 68
polling place, the election judges shall determine that the 69
information provided on the provisional ballot envelope by 70
the provisional voter is consistent with the identification 71
provided by such person under section 115.427. 72
3. (1) No person shall be entitled to receive a 73
provisional ballot until such person has completed a 74
provisional ballot affidavit on the provisional ballot 75
envelope. 76
(2) The secretary of state shall produce appropriate 77
sizes of provisional ballot envelopes and distribute them to 78
each election authority according to their tabulating 79
system. All provisional ballot envelopes shall be printed 80
on a distinguishable color of paper that is different from 81
the color of the regular ballot. The provisional ballot 82
envelope shall be in the form required by subsection 4 of 83
this section. All provisional ballots shall be marked with 84
a conspicuous stamp or other distinguishing mark that makes 85
them readily distinguishable from the regular ballots. 86
(3) Once voted, the provisional ballot shall be placed 87
and sealed in a provisional ballot envelope. 88
4. The provisional ballot in its envelope shall be 89
deposited in the ballot box. The provisional ballot 90
envelope shall be completed by the voter for use in 91
determining eligibility. The provisional ballot envelope 92
specified in this section shall contain a voter's 93
certificate which shall be in substantially the following 94
form: 95
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The voter may provide additional information to further 121
assist the election authority in determining eligibility, 122
including the place and date the voter registered to vote, 123
if known. 124
96 STATE OF ______
97 COUNTY OF ______
98
99
100
101
102
103
104
105
I do solemnly swear (or affirm) that my name is
______; that my date of birth is ______; that the last
four digits of my Social Security Number are ______;
that I am registered to vote in ______ County or City
(if a City not within a County), Missouri; that I am a
qualified voter of said County (or City not within a
County); that I am eligible to vote at this polling
place; and that I have not voted in this election.
106
107
108
109
110
111
112
I understand that if the above-provided information is
not correct and the election authority determines that
I am not registered and eligible to vote, my vote
will not be counted. I further understand that
knowingly providing false information is a violation
of law and subjects me to possible criminal
prosecution.
113 __________________
114 (Signature of Voter)
115 __________________
116 (Current Address)
117
118
Subscribed and affirmed before me this ______ day of
______, 20______
119 __________________
120 (Signature of Election Official)
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5. (1) Prior to counting any provisional ballot, the 125
election authority shall determine if the voter is 126
registered and eligible to vote and if the vote was properly 127
cast. The eligibility of provisional votes shall be 128
determined according to the requirements for a voter to cast 129
a ballot in the election as set forth in sections 115.133 130
and 115.135. A provisional [voter] ballot shall not be 131
eligible to be counted until the election authority has 132
determined that: 133
(a) The voter cast such provisional ballot at a 134
polling place established for the voter or the central 135
polling place established by the election authority under 136
subsection 5 of section 115.115; 137
(b) The individual who cast the provisional ballot is 138
an individual registered to vote in the respective election 139
at the polling place where the ballot was cast; 140
(c) The voter did not otherwise vote in the same 141
election by regular ballot, absentee ballot, or otherwise; 142
and 143
(d) The information on the provisional ballot envelope 144
is found to be correct, complete, and accurate. 145
(2) When the ballot boxes are delivered to the 146
election authority from the polling places, the receiving 147
teams shall separate the provisional ballots from the rest 148
of the ballots and place the sealed provisional ballot 149
envelopes in a separate container. Teams of election 150
authority employees or teams of election judges with each 151
team consisting of one member of each major political party 152
shall photocopy each provisional ballot envelope, such 153
photocopy to be used by the election authority to determine 154
provisional voter eligibility. The sealed provisional 155
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ballot envelopes shall be placed by the team in a sealed 156
container and shall remain therein until tabulation. 157
(3) To determine whether a provisional ballot is valid 158
and entitled to be counted, the election authority shall 159
examine its records and verify that the provisional voter is 160
properly registered and eligible to vote in the election. 161
If the provisional voter has provided information regarding 162
the registration agency where the provisional voter 163
registered to vote, the election authority shall make an 164
inquiry of the registration agency to determine whether the 165
provisional voter is properly registered and eligible to 166
vote in the election. 167
(4) If the election authority determines that the 168
provisional voter is registered and eligible to vote in the 169
election, the election authority shall provide documentation 170
verifying the voter's eligibility. Such documentation shall 171
be noted on the copy of the provisional ballot envelope and 172
shall contain substantially the following information: 173
(a) The name of the provisional voter; 174
(b) The name of the reviewer; 175
(c) The date and time; and 176
(d) A description of evidence found that supports the 177
voter's eligibility. 178
(5) The local election authority shall record on a 179
provisional ballot acceptance/rejection list the provisional 180
ballot identification number and a notation marking it as 181
accepted. 182
(6) If the election authority determines that the 183
provisional voter is not registered or eligible to vote in 184
the election, the election authority shall provide 185
documentation verifying the voter's ineligibility. Such 186
documentation shall be noted on the copy of the provisional 187
SCS SB 836 24
ballot envelope and shall contain substantially the 188
following information: 189
(a) The name of the provisional voter; 190
(b) The name of the reviewer; 191
(c) The date and time; 192
(d) A description of why the voter is ineligible. 193
(7) The local election authority shall record on a 194
provisional ballot acceptance/rejection list the provisional 195
ballot identification number and notation marking it as 196
rejected. 197
(8) If rejected, a photocopy of the envelope shall be 198
made and used by the election authority as a mail-in voter 199
registration. The actual provisional ballot envelope shall 200
be kept as ballot material, and the copy of the envelope 201
shall be used by the election authority for registration 202
record keeping. 203
6. All provisional ballots cast by voters whose 204
eligibility has been verified as provided in this section 205
shall be counted in accordance with the rules governing 206
ballot tabulation. Provisional ballots shall not be counted 207
until all provisional ballots are determined either eligible 208
or ineligible and all provisional ballots must be processed 209
before the election is certified. The provisional ballot 210
shall be counted only if the election authority determines 211
that the voter is registered and eligible to vote. 212
Provisional ballots voted in the wrong polling place shall 213
not be counted. If the voter is not registered but is 214
qualified to register for future elections, the affidavit 215
shall be considered a mail-in application to register to 216
vote pursuant to this chapter. 217
7. (1) After the election authority completes its 218
review of the provisional voter's eligibility under 219
SCS SB 836 25
subsection 5 of this section, the election authority shall 220
deliver the provisional ballots and copies of the 221
provisional ballot envelopes that include eligibility 222
information to bipartisan counting teams, which may be the 223
board of verification, for review and tabulation. The 224
election authority shall maintain a record of such 225
delivery. The record shall include the number of ballots 226
delivered to each team and shall include a signed receipt 227
from two judges, one from each major political party. The 228
election authority shall provide each team with a ballot box 229
and material necessary for tabulation. 230
(2) If the person named on the provisional ballot 231
affidavit is found to have been properly qualified and 232
registered to cast a ballot in the election and the 233
provisional ballot otherwise qualifies to be counted under 234
the provisions of this section, the envelope shall be 235
opened, and the ballot shall be placed in a ballot box to be 236
counted. 237
(3) If the person named on the provisional ballot 238
affidavit is found not to have been properly qualified and 239
registered to cast a ballot in the election or if the 240
election authority is unable to determine such person's 241
right to vote, the envelope containing the provisional 242
ballot shall not be opened, and the person's vote shall not 243
be counted. The members of the team shall follow the 244
procedures set forth in subsection 5 of this section for 245
rejected provisional ballots. 246
(4) The votes shall be tallied and the returns made as 247
provided in sections 115.447 to 115.525 for paper ballots. 248
After the vote on all ballots assigned to a team have been 249
counted, the ballots, ballot envelopes, and copies of ballot 250
envelopes with the eligibility information provided by the 251
SCS SB 836 26
election authority shall be enclosed in sealed containers 252
marked "Voted provisional ballots and ballot envelopes from 253
the election held ______, 20______". All rejected 254
provisional ballots, ballot envelopes, and copies of ballot 255
envelopes with the eligibility information provided by the 256
election authority shall be enclosed in sealed containers 257
marked "Rejected provisional ballots and ballot envelopes 258
from the election held ______, 20______". On the outside of 259
each voted ballot and rejected ballot container, each member 260
of the team shall write their name and all such containers 261
shall be returned to the election authority. Upon receipt 262
of the returns and ballots, the election authority shall 263
tabulate the provisional votes. 264
8. Challengers and watchers, as provided by sections 265
115.105 and 115.107, may be present during all times that 266
the bipartisan counting teams are reviewing or counting the 267
provisional ballots, the provisional ballot envelopes, or 268
copies of the provisional ballot envelopes that include 269
eligibility information provided by the election authority. 270
Challengers and watchers shall be permitted to observe the 271
determination of the eligibility of all provisional 272
ballots. The election authority shall notify the county 273
chair of each major political party of the time and location 274
when bipartisan counting teams will be reviewing or counting 275
the provisional ballots, the provisional ballot envelopes, 276
or the copies of the provisional ballot envelopes that 277
include the eligibility information provided by the election 278
authority. 279
9. The certificate of ballot cards shall: 280
(1) Reflect the number of provisional envelopes 281
delivered; and 282
SCS SB 836 27
(2) Reflect the number of sealed provisional envelopes 283
with voted ballots deposited in the ballot box. 284
10. In counties where the voting system does not 285
utilize a paper ballot, the election authority shall provide 286
the appropriate provisional ballots to each polling place. 287
11. The secretary of state may promulgate rules for 288
purposes of ensuring the uniform application of this 289
section. No rule or portion of a rule promulgated pursuant 290
to the authority of this section shall become effective 291
unless it has been promulgated pursuant to chapter 536. 292
12. The secretary of state shall design and provide to 293
the election authorities the envelopes and forms necessary 294
to carry out the provisions of this section. 295
13. Pursuant to the Help America Vote Act of 2002, the 296
secretary of state shall ensure a free access system is 297
established, such as a toll-free number or an internet 298
website, that any individual who casts a provisional ballot 299
may access to discover whether the vote of that individual 300
was counted, and, if the vote was not counted, the reason 301
that the vote was not counted. At the time an individual 302
casts a provisional ballot, the election authority shall 303
give the voter written information that states that any 304
individual who casts a provisional ballot will be able to 305
ascertain under such free access system whether the vote was 306
counted, and if the vote was not counted, the reason that 307
the vote was not counted. 308
14. In accordance with the Help America Vote Act of 309
2002, any individual who votes in an election as a result of 310
a court order or any other order extending the time 311
established for closing the polls in section 115.407 may 312
vote only by using a provisional ballot, and such 313
provisional ballot shall be separated and held apart from 314
SCS SB 836 28
other provisional ballots cast by those not affected by the 315
order. Such ballots shall not be counted until such time as 316
the ballots are determined to be valid. No state court 317
shall have jurisdiction to extend the polling hours 318
established by law, including section 115.407. 319
115.453. Election judges shall count votes for all 1
candidates in the following manner: 2
(1) No candidate shall be counted as voted for, except 3
a candidate before whose name a distinguishing mark appears 4
preceding the name and a distinguishing mark does not appear 5
in the square preceding the name of any candidate for the 6
same office in another column. Except as provided in this 7
subdivision and subdivision (2) of this section, each 8
candidate with a distinguishing mark preceding his or her 9
name shall be counted as voted for; 10
(2) If distinguishing marks appear next to the names 11
of more candidates for an office than are entitled to fill 12
the office, no candidate for the office shall be counted as 13
voted for. If more than one candidate is to be nominated or 14
elected to an office, and any voter has voted for the same 15
candidate more than once for the same office at the same 16
election, no votes cast by the voter for the candidate shall 17
be counted; 18
(3) No vote shall be counted for any candidate that is 19
not marked substantially in accordance with the provisions 20
of this section. The judges shall count votes marked 21
substantially in accordance with this section and section 22
115.456 when the intent of the voter seems clear. 23
Regulations promulgated by the secretary of state shall be 24
used by the judges to determine voter intent. No ballot 25
containing any proper votes shall be rejected for containing 26
fewer marks than are authorized by law; 27
SCS SB 836 29
(4) Write-in votes shall be counted only for 28
candidates for election to office who have filed a 29
declaration of intent to be a write-in candidate for 30
election to office with the proper election authority, who 31
shall then notify the proper filing officer of the write-in 32
candidate prior to 5:00 p.m. on the second Friday 33
immediately preceding the election day; except that, write- 34
in votes shall be counted only for candidates for election 35
to state or federal office who have filed a declaration of 36
intent to be a write-in candidate for election to state or 37
federal office with the secretary of state pursuant to 38
section 115.353 prior to 5:00 p.m. on the second Friday 39
immediately preceding the election day. No person who filed 40
as a party or independent candidate for nomination or 41
election to an office may, without withdrawing as provided 42
by law, file as a write-in candidate for election to the 43
same office for the same term. No candidate who files for 44
nomination to an office and is not nominated at a primary 45
election may file a declaration of intent to be a write-in 46
candidate for the same office at the general election. When 47
declarations are properly filed with the secretary of state, 48
the secretary of state shall promptly transmit copies of all 49
such declarations to the proper election authorities for 50
further action pursuant to this section. The election 51
authority shall furnish a list to the election judges and 52
counting teams prior to election day of all write-in 53
candidates who have filed such declaration. [This 54
subdivision shall not apply to elections wherein candidates 55
are being elected to an office for which no candidate has 56
filed.] No person shall file a declaration of intent to be 57
a write-in candidate for election to any municipal office 58
SCS SB 836 30
unless such person is qualified to be certified as a 59
candidate under section 115.306; 60
(5) Write-in votes shall be cast and counted for a 61
candidate without party designation. Write-in votes for a 62
person cast with a party designation shall not be counted. 63
Except for candidates for political party committees, no 64
candidate shall be elected as a write-in candidate unless 65
such candidate receives a separate plurality of the votes 66
without party designation regardless of whether or not the 67
total write-in votes for such candidate under all party and 68
without party designations totals a majority of the votes 69
cast; 70
(6) When submitted to the election authority, each 71
declaration of intent to be a write-in candidate for the 72
office of United States president shall include the name of 73
a candidate for vice president and the name of nominees for 74
presidential elector equal to the number to which the state 75
is entitled. At least one qualified resident of each 76
congressional district shall be nominated as presidential 77
elector. Each such declaration of intent to be a write-in 78
candidate shall be accompanied by a declaration of candidacy 79
for each presidential elector in substantially the form set 80
forth in subsection 3 of section 115.399. Each declaration 81
of candidacy for the office of presidential elector shall be 82
subscribed and sworn to by the candidate before the election 83
official receiving the declaration of intent to be a write- 84
in, notary public or other officer authorized by law to 85
administer oaths. 86