Modifies provisions relative to the Secretary of State

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. 985
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CARTER.
4160S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 115.157, 115.283, 115.507, 347.740, 351.127, 355.023, 356.233, 359.653,
400.9-528, and 417.018, RSMo, and to enact in lieu thereof eleven new sections
relating to the secretary of state.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 115.157, 115.283, 115.507, 347.740, 1
351.127, 355.023, 356.233, 359.653, 400.9 -528, and 417.018, 2
RSMo, are repealed and eleven new sections enacted in lieu 3
thereof, to be known as sections 115.008, 115.157, 115.283, 4
115.507, 347.740, 351.127, 355.023, 356.233, 359.653, 400.9 -5
528, and 417.018, to read as follows:6
115.008. The secretary of state shall establish a 1
unique identification coding system for all precincts in the 2
state resulting in unique identification codes for each 3
precinct in the state. Such system shall be based upon the 4
Federal Information Processing Standards codes issued by the 5
National Institute of Standards and Technology. Election 6
authorities shall be responsible for implementing the 7
unique identification coding system for all precincts within 8
its jurisdiction in compliance with the format set out by 9
the secretary of state. The secretary of state shall 10
promulgate rules for the implementation of this section. 11
Any rule or portion of a rule, as that term is defined in 12
section 536.010, that is created under the authority 13
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delegated in this section shall become effective only if it 14
complies with and is subject to all of the provisions of 15
chapter 536 and, if applicable, section 536.028. This 16
section and chapter 536 are nonseverable and if any of the 17
powers vested with the general assembly pursuant to chapter 18
536 to review, to delay the effective date, or to disapprove 19
and annul a rule are subsequently held unconstitutional, 20
then the grant of rulemaking authority and any rule proposed 21
or adopted after August 28, 2026, shall be invalid and void. 22
115.157. 1. The election authority may place all 1
information on any registration cards in computerized form 2
in accordance with section 115.158. No election authority 3
or secretary of state shall furnish to any member of the 4
public electronic media or printout showing any registration 5
information, except as provided in this section. Except as 6
provided in subsection 2 of this section, the election 7
authority or secretary of state shall make available 8
electronic media or printouts showing only unique voter 9
identification numbers, voters' names, year of birth, 10
addresses, townships or wards, and precincts. Electronic 11
data shall be maintained in at least the following separate 12
fields: 13
(1) Voter identification number; 14
(2) First name; 15
(3) Middle initial; 16
(4) Last name; 17
(5) Suffix; 18
(6) Street number; 19
(7) Street direction; 20
(8) Street name; 21
(9) Street suffix; 22
(10) Apartment number; 23
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(11) City; 24
(12) State; 25
(13) Zip code; 26
(14) Township; 27
(15) Ward; 28
(16) Precinct; 29
(17) Senatorial district; 30
(18) Representative district; 31
(19) Congressional district; and 32
(20) Political party affiliation. 33
2. All election authorities shall enter voter history 34
in their computerized registration systems and shall, not 35
more than three months after the election, forward such data 36
to the Missouri voter registration system established in 37
section 115.158. In addition, election authorities shall 38
forward registration and other data in a manner prescribed 39
by the secretary of state to comply with the Help America 40
Vote Act of 2002. 41
3. Except as provided in subsection 6 of this section, 42
the election authority shall furnish, for a fee, electronic 43
media or a printout showing only the names, year of birth, 44
addresses, and political party affiliations of voters, or 45
any part thereof, within the jurisdiction of the election 46
authority who voted in any specific election, including 47
primary elections, by township, ward or precinct, provided 48
that nothing in this chapter shall require such voter 49
information to be released to the public over the internet 50
and shall not be used for commercial purposes. 51
4. Except as provided in subsection 6 of this section, 52
upon a request by a candidate, a duly authorized 53
representative of a campaign committee, or a political party 54
committee, the secretary of state shall furnish, for a fee 55
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determined by the secretary of state and in compliance with 56
section 610.026, media in an electronic format or, if so 57
requested, in a printed format, showing the names, 58
addresses, and voter identification numbers of voters within 59
the jurisdiction of a specific election authority who 60
applied for an absentee ballot under section 115.279 for any 61
specific election involving a ballot measure or an office 62
for which the declaration of candidacy is required to be 63
filed with the secretary of state pursuant to section 64
115.353, including primary elections, by township, ward, or 65
precinct. Nothing in this section shall require such voter 66
information to be released to the public over the internet. 67
For purposes of this section, the terms "candidate", 68
"campaign committee", and "political party committee" shall 69
have the same meaning given to such terms in section 130.011. 70
5. The amount of fees charged for information provided 71
in this section shall be established pursuant to chapter 72
610. All revenues collected by the secretary of state 73
pursuant to this section shall be deposited in the state 74
treasury and credited to the secretary of state's technology 75
trust fund account established pursuant to section 28.160. 76
In even-numbered years, each election authority shall, upon 77
request, supply the voter registration list for its 78
jurisdiction to all candidates and party committees for a 79
charge established pursuant to chapter 610. Except as 80
provided in subsection 6 of this section, all election 81
authorities shall make the information described in this 82
section available pursuant to chapter 610. Any election 83
authority who fails to comply with the requirements of this 84
section shall be subject to the provisions of chapter 610. 85
6. Any person working as an undercover officer of a 86
local, state or federal law enforcement agency, persons in 87
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witness protection programs, and victims of domestic 88
violence and abuse who have received orders of protection 89
pursuant to chapter 455 shall be entitled to apply to the 90
circuit court having jurisdiction in his or her county of 91
residence to have the residential address on his or her 92
voter registration records closed to the public if the 93
release of such information could endanger the safety of the 94
person. Any person working as an undercover agent or in a 95
witness protection program shall also submit a statement 96
from the chief executive officer of the agency under whose 97
direction he or she is serving. The petition to close the 98
residential address shall be incorporated into any petition 99
for protective order provided by circuit clerks pursuant to 100
chapter 455. If satisfied that the person filing the 101
petition meets the qualifications of this subsection, the 102
circuit court shall issue an order to the election authority 103
to keep the residential address of the voter a closed record 104
and the address may be used only for the purposes of 105
administering elections pursuant to this chapter. The 106
election authority may require the voter who has a closed 107
residential address record to verify that his or her 108
residential address has not changed or to file a change of 109
address and to affirm that the reasons contained in the 110
original petition are still accurate prior to receiving a 111
ballot. A change of address within an election authority's 112
jurisdiction shall not require that the voter file a new 113
petition. Any voter who no longer qualifies pursuant to 114
this subsection to have his or her residential address as a 115
closed record shall notify the circuit court. Upon such 116
notification, the circuit court shall void the order closing 117
the residential address and so notify the election authority. 118
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7. Not later than the third Wednesday prior to each 119
election, the secretary of state shall publish a voter 120
registration list on the secretary's website containing only 121
the following information for each person registered to vote 122
as of the fourth Wednesday prior to the election: unique 123
voter identification number, voter's name, year of birth, 124
address, township or ward, and precinct. 125
115.283. 1. Each ballot envelope shall bear a 1
statement [on which the voter shall state] containing the 2
following: the precinct code, as identified pursuant to 3
section 115.008, that corresponds to the voter's voting 4
address; the voter's name[,]; the voter's voting address[,]; 5
the voter's mailing address; and the voter's reason for 6
voting an absentee ballot. If the reason for the voter 7
voting absentee is due to the reasons established under 8
subdivision (6) of subsection 3 of section 115.277, the 9
voter shall state the voter's identification information 10
provided by the address confidentiality program in lieu of 11
the applicant's name, voting address, and mailing address. 12
On the form, the voter shall also state under penalties of 13
perjury that the voter is qualified to vote in the election, 14
that the voter has not previously voted and will not vote 15
again in the election, that the voter has personally marked 16
the voter's ballot in secret or supervised the marking of 17
the voter's ballot if the voter is unable to mark it, that 18
the ballot has been placed in the ballot envelope and sealed 19
by the voter or under the voter's supervision if the voter 20
is unable to seal it, and that all information contained in 21
the statement is true. In addition, any person providing 22
assistance to the absentee voter shall include a statement 23
on the envelope identifying the person providing assistance 24
under penalties of perjury. Persons authorized to vote only 25
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for federal and statewide officers shall also state their 26
former Missouri 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
54
______ 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;

55
56
57
______ incarceration, although I have retained
all the necessary qualifications for
voting;

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58
59
60
61
______ certified participation in the address
confidentiality program established
under sections 589.660 to 589.681
because of safety concerns.

62
63
64
65
66
67
68
69
70
71
72
73
I hereby state under penalties of perjury 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 __________________ __________________
84 Mailing Addresses Signature of notary or
85 (if different) other officer
86 authorized to
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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
87 administer oaths
92 State of Missouri
93 County (City) of ______
94
95
96
97
98
99
100
101
102
103
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.

104
105
106
I am an interstate former resident of Missouri
and authorized to vote for presidential and vice
presidential electors.

107
108
109
110
111
112
113
114
115
116
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
direction; all of the information on this
statement is, to the best of my knowledge and
belief, true.

117 __________________ Subscribed to and
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4. The statement for persons voting absentee ballots 135
who are entitled to vote at the election pursuant to the 136
provisions of subsection 2 of section 115.137 shall be in 137
substantially the following form: 138
118 Signature of Voter sworn before me this
119 ______ day of
120 ______, ______
121 __________________
122 __________________ __________________
123 Address of Voter Signature of notary or
124 other officer
125 authorized to
126 administer oaths
127 __________________ __________________
128
129
Mailing Address (if
different)
__________________
130 __________________
131 __________________ __________________
132 Signature of Person Address of Last
133 Assisting Voter Missouri Residence
134 (if applicable)
139 State of Missouri
140 County (City) of ______
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141
142
143
144
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):

145
146
147
______ absence on election day from the
jurisdiction of the election authority in
which I am directed to vote;

148
149
150
151
152
153
______ 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;

154 ______ religious belief or practice;
155
156
157
158
159
______ 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;

160
161
162
______ incarceration, although I have retained
all the necessary qualifications of
voting;

163
164
165
166
______ certified participation in the address
confidentiality program established under
sections 589.660 to 589.681 because of
safety concerns.

167
168
169
170
171
172
173
174
175
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

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5. The statement for persons providing assistance to 193
absentee voters shall be in substantially the following form: 194
176
177
178
my direction; all of the information on this
statement is, to the best of my knowledge and
belief, true.
179 __________________ Subscribed and sworn
180 Signature of Voter to before me this
181 ______ day of
182 ______, ______
183 __________________
184 __________________ __________________
185 Address Signature of notary or
186 other officer
187 authorized to
188 administer oaths
189 __________________
190 Signature of Person
191 Assisting Voter
192 (if applicable)
195
196
197
198
199
200
201
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

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6. Notwithstanding any other provision of this 212
section, any covered voter as defined in section 115.902 or 213
persons who have declared themselves to be permanently 214
disabled pursuant to section 115.284, otherwise entitled to 215
vote, shall not be required to obtain a notary seal or 216
signature on his or her absentee ballot. 217
7. Notwithstanding any other provision of this section 218
or section 115.291 to the contrary, the subscription, 219
signature and seal of a notary or other officer authorized 220
to administer oaths shall not be required on any ballot, 221
ballot envelope, or statement required by this section if 222
the reason for the voter voting absentee is due to the 223
reasons established pursuant to subdivision (2) of 224
subsection 3 of section 115.277. 225
8. No notary shall charge or collect a fee for 226
notarizing the signature on any absentee ballot or absentee 227
voter registration. 228
9. A notary public who charges more than the maximum 229
fee specified or who charges or collects a fee for 230
202
203
204
205
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.
206 Reason why voter needed assistance: ______
207 ASSISTING PERSON SIGN HERE
208 1. ______ (signature of assisting person)
209 2. ______ (assisting person's name printed)
210 3. ______ (assisting person's residence)
211 4. ______ (assisting person's home city or town).
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notarizing the signature on any absentee ballot or absentee 231
voter registration is guilty of official misconduct. 232
115.507. 1. Not later than the second Tuesday after 1
the election, the verification board shall issue a statement 2
announcing the results of each election held within its 3
jurisdiction and shall certify the returns to each political 4
subdivision and special district submitting a candidate or 5
question at the election. The statement shall include a 6
categorization of the number of regular and absentee votes 7
cast in the election, and how those votes were cast; 8
provided however, that absentee votes shall not be reported 9
separately where such reporting would disclose how any 10
single voter cast his or her vote. When absentee votes are 11
not reported separately the statement shall include the 12
reason why such reporting did not occur. Nothing in this 13
section shall be construed to require the election authority 14
to tabulate absentee ballots by precinct on election night. 15
2. The verification board shall prepare the returns by 16
drawing an abstract of the votes cast for each candidate and 17
on each question submitted to a vote of people in its 18
jurisdiction by the state and by each political subdivision 19
and special district at the election. The abstract of votes 20
drawn by the verification board shall be the official 21
returns of the election. 22
3. Any home rule city with more than four hundred 23
thousand inhabitants and located in more than one county may 24
by ordinance designate one of the election authorities 25
situated partially or wholly within that home rule city to 26
be the verification board that shall certify the returns of 27
such city submitting a candidate or question at any election 28
and shall notify each verification board within the city of 29
that designation by providing each with a copy of such duly 30
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adopted ordinance. Not later than the second Tuesday after 31
any election in any city making such a designation, each 32
verification board within the city shall certify the returns 33
of such city submitting a candidate or question at the 34
election to the election authority so designated by the city 35
to be its verification board, and such election authority 36
shall announce the results of the election and certify the 37
cumulative returns to the city in conformance with 38
subsections 1 and 2 of this section not later than ten days 39
thereafter. 40
4. Not later than the second Tuesday after each 41
election at which the name of a candidate for nomination or 42
election to the office of president of the United States, 43
United States senator, representative in Congress, governor, 44
lieutenant governor, state senator, state representative, 45
judge of the circuit court, secretary of state, attorney 46
general, state treasurer, or state auditor, or at which an 47
initiative, referendum, constitutional amendment or question 48
of retaining a judge subject to the provisions of Article V, 49
Sections 25(a) to 25(g) of the State Constitution, appears 50
on the ballot in a jurisdiction, the election authority of 51
the jurisdiction shall mail or deliver to the secretary of 52
state the abstract of the votes, including both regular 53
votes and absentee votes aggregated together, given in its 54
jurisdiction, by [polling place or] precinct, for each such 55
office and on each such question. If mailed, the abstract 56
shall be enclosed in a strong, sealed envelope or 57
envelopes. On the outside of each envelope shall be 58
printed: "Returns of election held in the county of ______ 59
(City of St. Louis, Kansas City) on the ______ day of 60
______, ______,", etc. 61
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347.740. The secretary of state may collect an 1
additional fee of five dollars on each and every fee 2
required in this chapter. All fees collected as provided in 3
this section shall be deposited in the state treasury and 4
credited to the secretary of state's technology trust fund 5
account. The provisions of this section shall expire on 6
December 31, [2026] 2030. 7
351.127. The secretary of state may collect an 1
additional fee of five dollars on each and every fee 2
required in this chapter, provided that the secretary of 3
state may collect an additional fee of ten dollars on each 4
corporate registration report fee filed under section 5
351.122. All fees collected as provided in this section 6
shall be deposited in the state treasury and credited to the 7
secretary of state's technology trust fund account. The 8
provisions of this section shall expire on December 31, 9
[2026] 2030. 10
355.023. The secretary of state may collect an 1
additional fee of five dollars on each and every fee 2
required in this chapter. All fees collected as provided in 3
this section shall be deposited in the state treasury and 4
credited to the secretary of state's technology trust fund 5
account. The provisions of this section shall expire on 6
December 31, [2026] 2030. 7
356.233. The secretary of state may collect an 1
additional fee of five dollars on each and every fee 2
required in this chapter. All fees collected as provided in 3
this section shall be deposited in the state treasury and 4
credited to the secretary of state's technology trust fund 5
account. The provisions of this section shall expire on 6
December 31, [2026] 2030. 7
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359.653. The secretary of state may collect an 1
additional fee of five dollars on each and every fee 2
required in this chapter. All fees collected as provided in 3
this section shall be deposited in the state treasury and 4
credited to the secretary of state's technology trust fund 5
account. The provisions of this section shall expire on 6
December 31, [2026] 2030. 7
400.9-528. The secretary of state may collect an 1
additional fee of five dollars on each and every fee paid to 2
the secretary of state as required in chapter 400.9. All 3
fees collected as provided in this section shall be 4
deposited in the state treasury and credited to the 5
secretary of state's technology trust fund account. The 6
provisions of this section shall expire on December 31, 7
[2026] 2030. 8
417.018. The secretary of state may collect an 1
additional fee of five dollars on each and every fee 2
required in this chapter. All fees collected as provided in 3
this section shall be deposited in the state treasury and 4
credited to the secretary of state's technology trust fund 5
account. The provisions of this section shall expire on 6
December 31, [2026] 2030. 7
✓