Bill Text: MO HB1449 | 2014 | Regular Session | Introduced
Bill Title: Allows early voting at a central voting location for all elections
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-29 - Referred: Elections(H) [HB1449 Detail]
Download: Missouri-2014-HB1449-Introduced.html
SECOND REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE NETH.
5395L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 115.229, 115.233, 115.275, 115.277, 115.279, 115.283, 115.289, 115.291, 115.294, 115.297, 115.300, 115.417, 115.430, 115.447, 115.481, and 115.507, RSMo, and to enact in lieu thereof sixteen new sections relating to elections, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 115.229, 115.233, 115.275, 115.277, 115.279, 115.283, 115.289, 115.291, 115.294, 115.297, 115.300, 115.417, 115.430, 115.447, 115.481, and 115.507, RSMo, are repealed and sixteen new sections enacted in lieu thereof, to be known as sections 115.229, 115.233, 115.275, 115.276, 115.277, 115.279, 115.283, 115.289, 115.291, 115.297, 115.300, 115.417, 115.430, 115.447, 115.481, and 115.507, to read as follows:
115.229. 1. An electronic voting system may be used at any primary election if it has been approved by the secretary of state, complies with the provisions of section 115.225, and if the automatic tabulating equipment will reject each vote on which a voter has voted for candidates of more than one party.
2. An electronic voting system may be used at any other election if it has been approved by the secretary of state and complies with the provisions of section 115.225.
3. An electronic voting system may be used at the election authority's central voting location, as defined in section 115.275, and satellite locations during the early voting period as set forth in section 115.276 if it has been approved by the secretary of state and complies with the provisions of section 115.225.
115.233. Within fourteen days prior to [an election at which] the early ballot voting period an electronic voting system is to be used, the election authority shall have the automatic tabulating equipment tested to ascertain that the equipment is in compliance with the law and that it will correctly count the votes cast for all offices and on all questions. At least forty-eight hours prior to the test, notice of the time and place of the test shall be mailed to each independent and new party candidate and the chairman of the county committee of each established political party named on the ballot. The test shall be observed by at least two persons designated by the election authority, one from each major political party, and shall be open to representatives of the political parties, candidates, the news media and the public. The test shall be conducted by processing a preaudited group of ballots. If any error is detected, the cause shall be ascertained and corrected, and an errorless count shall be made before the tabulating equipment is approved.
115.275. As used in sections 115.275 to 115.304, unless the context clearly indicates otherwise, the following terms shall mean:
(1) "Absentee ballot", [any of the ballots] a mail-in ballot a person is authorized to cast away from a polling place pursuant to the provisions of sections 115.275 to 115.304;
(2) "Central voting location", a voting location centrally located within the jurisdiction of the election authority, including the office of the election authority;
(3) "Early ballot", a ballot a person is authorized to cast in person at a central voting location or satellite voting location under the provisions of section 115.276;
(4) "Interstate former resident", a former resident and registered voter in this state who moves from Missouri to another state after the deadline to register to vote in any presidential election in the new state and who otherwise possesses the qualifications to register and vote in such state;
[(3)] (5) "Intrastate new resident", a registered voter of this state who moves from one election authority's jurisdiction in the state to another election authority's jurisdiction in the state after the last day authorized in this chapter to register to vote in an election and otherwise possesses the qualifications to vote;
[(4)] (6) "New resident", a person who moves to this state after the last date authorized in this chapter to register to vote in any presidential election;
[(5)] (7) "Persons in federal service" includes:
(a) Members of the Armed Forces of the United States, while in active service, and their spouses and dependents;
(b) Active members of the Merchant Marine of the United States and their spouses and dependents;
(c) Civilian employees of the United States government working outside the boundaries of the United States, and their spouses and dependents;
(d) Active members of religious or welfare organizations assisting servicemen, and their spouses and dependents;
(e) Persons who have been honorably discharged from the Armed Forces or who have terminated their service or employment in any group mentioned in this section within sixty days of an election, and their spouses and dependents.
115.276. 1. Any registered voter of this state may vote by early ballot at a central voting location in the jurisdiction in which the voter is registered. The early voting period shall begin the sixth Tuesday before an election or within fourteen days after candidates' names or questions are certified under section 115.125.
2. All election authorities shall conduct early voting at a central voting location until close of regular business hours on the Monday immediately before the election at 5:00 p.m.
3. The procedures for casting an early ballot shall be the same as the procedures contained in sections 115.407 to 115.445; except that, the regular staff of the election authority may take the place of election judges at the central voting location and satellite voting locations.
4. For all November presidential elections and for all other elections as the election authority shall designate, an election authority with more than one hundred seventy-five thousand registered voters in its jurisdiction shall establish at least one satellite voting location other than the central voting location as an additional site in which to vote by early ballot as follows:
(1) For purposes of this section, the number of registered voters shall be determined by the number of registered voters in each jurisdiction in the previous November presidential election;
(2) In determining the location of the satellite sites, the election authority shall consider factors, including but not limited to, the geographic location and demographics of registered voters in the previous general election and current United States census data to ensure nondiscrimination in the representation of the community served to the greatest extent possible;
(3) The election authority shall provide adequate public notice of the designated central voting location and the satellite sites, including but not limited to, posting the dates, locations, and hours of when the voting locations are open at the election authority's office, on the website of the election authority, and by such other methods as the election authority may select. The location of a satellite site may be changed to a different location during the advance voting period. The election authority shall provide adequate public notice of any change, including but not limited to, posting such information at the election authority's office, at the original location of the satellite site, on the website of the election authority, and by such other methods as the election authority may select;
(4) The election authority may employ its staff to serve at each satellite voting location or may appoint at least one judge from each major political party to serve at each satellite site. No major political party shall have a majority of the judges at any satellite site. No established party shall have a greater number of judges at any satellite than any major political party;
(5) Satellite voting locations shall be open for at least four hours per day, including eight consecutive weekend hours, and for at least fourteen consecutive or nonconsecutive days before the election and ending at the close of regular business hours on the Wednesday before the election;
(6) At the close of each day of operating the satellite voting location, two members of staff or one election judge from each major political party serving the location shall remove and secure the memory card of each electronic voting machine, as well as any paper ballots, and transport them to the central office of the election authority to be stored securely until reopening of the satellite voting location. The memory card shall then be returned to the electronic voting machine until the close of that next day of operation.
5. Early ballots cast at the central voting location shall be cast on the election authority's electronic voting system, but shall not be tabulated until the day of the election.
6. This section shall not affect the election authority's ability to appoint bipartisan teams to deliver absentee ballots under section 115.287.
7. Nothing in this section shall prohibit an election authority with one hundred seventy-five thousand or fewer registered voters in its jurisdiction from establishing a satellite voting location to be operated under this section.
8. All ongoing election authority costs associated with the implementation of early ballot voting shall be reimbursed from the general revenue fund of this state or the secretary of state's office. If there is no appropriation and distribution of state funds or if no funding is made available by the secretary of state's office, election authorities shall not enforce the early ballot requirements of this section.
115.277. 1. Except as provided in subsections 2, 3, 4, and 5 of this section, any registered voter of this state may vote by absentee ballot or early ballot for all candidates and issues for which such voter would be eligible to vote at the polling place [if such voter expects to be prevented from going to the polls to vote on election day due to:
(1) Absence on election day from the jurisdiction of the election authority in which such voter is registered to vote;
(2) Incapacity or confinement due to illness or physical disability, including a person who is primarily responsible for the physical care of a person who is incapacitated or confined due to illness or disability;
(3) Religious belief or practice;
(4) Employment as an election authority, as a member of an election authority, or by an election authority at a location other than such voter's polling place;
(5) Incarceration, provided all qualifications for voting are retained].
2. Any person in federal service, as defined in section 115.275, who is eligible to register and vote in this state but is not registered may vote only in the election of presidential and vice presidential electors, United States senator and representative in Congress even though the person is not registered. Each person in federal service may vote by absentee ballot or early ballot or, upon submitting an affidavit that the person is qualified to vote in the election, may vote at the person's polling place.
3. Any interstate former resident, as defined in section 115.275, may vote by [absentee] early ballot for presidential and vice presidential electors.
4. Any intrastate new resident, as defined in section 115.275, may vote by [absentee] early ballot at the election for presidential and vice presidential electors, United States senator, representative in Congress, statewide elected officials and statewide questions, propositions and amendments from such resident's new jurisdiction of residence after registering to vote in such resident's new jurisdiction of residence.
5. Any new resident, as defined in section 115.275, may vote by [absentee] early ballot for presidential and vice presidential electors after registering to vote in such resident's new jurisdiction of residence.
115.279. 1. Application for an absentee ballot may be made by the applicant in person, or by mail, or for the applicant, in person, by his or her guardian or a relative within the second degree by consanguinity or affinity. The election authority shall accept applications by facsimile transmission within the limits of its telecommunications capacity.
2. Each application shall be made to the election authority of the jurisdiction in which the person is or would be registered. Each application shall be in writing and shall state the applicant's name, address at which he or she is or would be registered, [his or her reason for voting an absentee ballot,] the address to which the ballot is to be mailed, [if mailing is requested,] and for absent uniformed services and overseas applicants, the applicant's email address if electronic transmission is requested. Each application to vote in a primary election shall also state which ballot the applicant wishes to receive. If any application fails to designate a ballot, the election authority shall, within three working days after receiving the application, notify the applicant by mail that it will be unable to deliver an absentee ballot until the applicant designates which political party ballot he or she wishes to receive. If the applicant does not respond to the request for political party designation, the election authority is authorized to provide the voter with that part of the ballot for which no political party designation is required.
3. Except as provided in subsection 3 of section 115.281, all applications for absentee ballots received prior to the sixth Tuesday before an election shall be stored at the office of the election authority until such time as the applications are processed in accordance with section 115.281. No application for an absentee ballot received in the office of the election authority by mail, by facsimile transmission or by a guardian or relative after 5:00 p.m. on the Wednesday immediately prior to the election shall be accepted by any election authority. No application for an absentee ballot submitted by the applicant in person after 5:00 p.m. on the day before the election shall be accepted by any election authority, except as provided in subsections 6, 8 and 9 of this section.
4. Each application for an absentee ballot shall be signed by the applicant or, if the application is made by a guardian or relative pursuant to this section, the application shall be signed by the guardian or relative, who shall note on the application his or her relationship to the applicant. If an applicant, guardian or relative is blind, unable to read or write the English language or physically incapable of signing the application, he or she shall sign by mark, witnessed by the signature of an election official or person of his or her own choosing. Any person who knowingly makes, delivers or mails a fraudulent absentee ballot application shall be guilty of a class one election offense.
5. (1) Notwithstanding any law to the contrary, any resident of the state of Missouri who resides outside the boundaries of the United States or who is on active duty with the Armed Forces of the United States or members of their immediate family living with them may request an absentee ballot for both the primary and subsequent general election with one application.
(2) The election authority shall provide each absent uniformed services voter and each overseas voter who submits a voter registration application or an absentee ballot request, if the election authority rejects the application or request, with the reasons for the rejection.
(3) Notwithstanding any other law to the contrary, if a standard oath regarding material misstatements of fact is adopted for uniformed and overseas voters pursuant to the Help America Vote Act of 2002, the election authority shall accept such oath for voter registration, absentee ballot, or other election-related materials.
(4) Not later than sixty days after the date of each regularly scheduled general election for federal office, each election authority which administered the election shall submit to the secretary of state in a format prescribed by the secretary a report on the combined number of absentee ballots transmitted to, and returned by, absent uniformed services voters and overseas voters for the election. The secretary shall submit to the Election Assistance Commission a combined report of such information not later than ninety days after the date of each regularly scheduled general election for federal office and in a standardized format developed by the commission pursuant to the Help America Vote Act of 2002. The secretary shall make the report available to the general public.
(5) As used in this section, the terms "absent uniformed services voter" and "overseas voter" shall have the meaning prescribed in 42 U.S.C. 1973ff-6.
6. [An application for an absentee ballot by a new resident, as defined in section 115.275, shall be submitted in person by the applicant] A new resident, as defined in section 115.275, shall vote an early ballot in the office of the election authority in the election jurisdiction in which such applicant resides[. The application shall be received by the election authority] no later than 7:00 p.m. on the day of the election. [Such application shall be in the form of] Before casting an early ballot, a new resident shall apply by signing an affidavit, executed in duplicate in the presence of the election authority or any authorized officer of the election authority, and in substantially the following form:
"STATE OF..........................
COUNTY OF........................., ss.
I,......................................, do solemnly swear that:
(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 .........................................;
(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;
(3) I believe I am entitled pursuant to the laws of this state to vote in the presidential election to be held November ......., .......... (year);
(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.
Signed .............................
(Applicant)
.........................................
(Residence Address)
Subscribed and sworn to before me this ............ day of ................, ......
Signed .............................
(Title and name of officer authorized to administer oaths)"
7. The election authority in whose office an [application] affidavit is filed pursuant to subsection 6 of this section shall immediately send a duplicate of such [application] affidavit to the appropriate official of the state in which the new resident applicant last resided and shall file the original of such application in its office.
8. [An application for an absentee ballot by an intrastate new resident, as defined in section 115.275, shall be made in person by the applicant] An intrastate new resident, as defined in section 115.275, shall vote an early ballot in the office of the election authority in the election jurisdiction in which such applicant resides[. The application shall be received by the election authority] no later than 7:00 p.m. on the day of the election. [Such application shall be in the form of] Before casting an early ballot, an intrastate new resident shall apply by signing an affidavit, executed in duplicate in the presence of the election authority or an authorized officer of the election authority, and in substantially the following form:
"STATE OF ........................
COUNTY OF ......................, ss.
I, ......................................, do solemnly swear that:
(1) Before becoming a resident of this election jurisdiction, I resided at ...................................... (residence address) in ........................ (town, township, village or city) of ............................ county in the state of ......................................;
(2) I moved to this election jurisdiction after the last day to register to vote in such election;
(3) I believe I am entitled pursuant to the laws of this state to vote in the election to be held ........................ (date);
(4) I hereby make application for an [absentee] early ballot for candidates and issues on which I am entitled to vote pursuant to the laws of this state. I have not voted and shall not vote other than by this ballot at such election.
Signed .......................
(Applicant)
...................................
(Residence Address)
Subscribed and sworn to before me this ............... day of ................, .........
Signed .......................
(Title and name of officer authorized to administer oaths)"
9. An application for an absentee ballot by an interstate former resident, as defined in section 115.275, shall be received in the office of the election authority where the applicant was formerly registered by 5:00 p.m. on the Wednesday immediately prior to the election, unless the application is made in person by the applicant in the office of the election authority, in which case such application shall be made no later than 7:00 p.m. on the day of the election.
115.283. 1. Each ballot envelope for an absentee ballot shall bear a statement on which the voter shall state the voter's name, the voter's voting address, and the voter's mailing address [and the voter's reason for voting an absentee ballot]. On the form for absentee ballots or early ballots, the voter shall also state under penalties of perjury that the voter is qualified to vote in the election, that the voter has not previously voted and will not vote again in the election, that the voter has personally marked the voter's ballot in secret or supervised the marking of the voter's ballot if the voter is unable to mark it, that, if voting an absentee ballot, the ballot has been placed in the ballot envelope and sealed by the voter or under the voter's supervision if the voter is unable to seal it, and that all information contained in the statement is true. In addition, any person providing assistance to the absentee voter shall include a statement on the envelope identifying the person providing assistance under penalties of perjury. Persons authorized to vote only for federal and statewide officers shall also state their former Missouri residence.
2. The statement for persons voting absentee ballots or early ballots who are registered voters shall be in substantially the following form:
State of Missouri
County (City) of ............................
I, ........................ (print name), a registered voter of ............. County (City of St. Louis, Kansas City), [declare under the penalties of perjury that I expect to be prevented from going to the polls on election day due to (check one):
.......... absence on election day from the jurisdiction of the election authority in which I am registered;
.......... incapacity or confinement due to illness or physical disability, including caring for a person who is incapacitated or confined due to illness or disability;
......... religious belief or practice;
......... employment as an election authority or by an election authority at a location other than my polling place;
.......... incarceration, although I have retained all the necessary qualifications for voting.
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. .............................. ..............................
Signature of Voter Signature of Person
Assisting Voter
(if applicable)
Signed ........................ Subscribed and sworn to
Signed ........................ before me this ...... day
Address of Voter of ........., ...........
............................... ..............................
............................... ..............................
Mailing addresses Signature of notary or
(if different) other officer authorized
to administer oaths
3. The statement for persons voting absentee ballots pursuant to the provisions of subsection 2, 3, 4, or 5 of section 115.277 without being registered shall be in substantially the following form:
State of Missouri
County (City) of ......................
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.
I am (check one):
...... a resident of the state of Missouri and a registered voter in .............. County and moved from that county to .................. County, Missouri, after the last day to register to vote in this election.
..................... an interstate former resident of Missouri and authorized to vote for presidential and vice presidential electors.
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.
......................... Subscribed to and sworn
Signature of Voter before me this ...... day
of ............, ........
.........................
......................... .........................
Address of Voter Signature of notary or
other officer authorized
to administer oaths
......................... .........................
Mailing Address (if different).........................
.........................
......................... .........................
Signature of Person Address of Last
Assisting Voter Missouri Residence
(if applicable)
4. The statement for persons voting absentee ballots or early ballots who are entitled to vote at the election pursuant to the provisions of subsection 2 of section 115.137 shall be in substantially the following form:
State of Missouri
County (City) of ..........................
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):
....... absence on election day from the jurisdiction of the election authority in which I am directed to vote;
....... incapacity or confinement due to illness or physical disability, including caring for a person who is incapacitated or confined due to illness or disability;
....... religious belief or practice;
....... employment as an election authority or by an election authority at a location other than my polling place;
....... incarceration, although I have retained all the necessary qualifications of voting.
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.
......................... Subscribed and sworn
Signature of Voter to before me this .........
day of ........, ........
.........................
......................... .........................
Address Signature of notary or
other officer authorized
to administer oaths
.........................
Signature of Person
Assisting Voter
(if applicable)
5. The statement for persons providing assistance to absentee ballot or early ballot voters shall be in substantially the following form:
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.
Reason why voter needed assistance: ..................
ASSISTING PERSON SIGN HERE
1. ............ (signature of assisting person)
2. ............ (assisting person's name printed)
3. ............ (assisting person's residence)
4. ............ (assisting person's home city or town).
6. Notwithstanding any other provision of this section, any covered voter as defined in section 115.902 or persons who have declared themselves to be permanently disabled pursuant to section 115.284, otherwise entitled to vote, shall not be required to obtain a notary seal or signature on his or her absentee ballot.
7. Notwithstanding any other provision of this section or section 115.291 to the contrary, the subscription, signature and seal of a notary or other officer authorized to administer oaths shall not be required on any ballot, ballot envelope, or statement required by this section if the reason for the voter voting absentee is due to [the reasons established pursuant to subdivision (2) of subsection 1 of section 115.277] incapacity or confinement due to illness or physical disability, including a person who is primarily responsible for the physical care of a person who is incapacitated or confined due to illness or disability. The voter shall affirm such exemption on the absentee ballot envelope.
8. No notary shall charge or collect a fee for notarizing the signature on any absentee ballot or absentee voter registration.
9. A notary public who charges more than the maximum fee specified or who charges or collects a fee for notarizing the signature on any absentee ballot or absentee voter registration is guilty of official misconduct.
115.289. 1. Except as provided in subsection 3 of this section, as applications for absentee ballots are received, the election authority shall list the name, voting address and mailing address, if different, of each applicant. Any person authorized under subsection 2 of this section may copy the list, and the election authority may make copies of the list available to such persons for a reasonable fee determined by the election authority.
2. Except as provided in subsection 4 of this section, all lists of applications for absentee ballots shall be kept confidential to the extent that such lists of applications shall not be posted or displayed in any area open to the general public, nor shall such lists of applications be shown to any person who is not entitled to see such lists of applications, either pursuant to the provisions of this chapter or any other provisions of law. Persons entitled to see such lists shall include a candidate or a duly authorized representative of a campaign committee as defined in section 130.011, or any person with written authorization from a candidate, or any person that has applied for an absentee ballot.
3. In each city not within a county, in each county of the first classification having a population of more than nine hundred thousand inhabitants, in each county of the first classification containing the major portion of a city which has over three hundred thousand inhabitants, and in that portion of each city which has over three hundred thousand inhabitants and located in more than one county, situated in the county containing the major portion of the city, as applications for absentee ballots are received, the election authority shall list the name, voting address and mailing address, if different, of each applicant. Prior to 8:00 a.m. on the Friday before an election all absentee ballot applications, lists of absentee ballot applications, or any information contained on the absentee ballot applications shall be kept confidential. Use of the applications, lists or information contained thereon by the election authority prior to 8:00 a.m. on the Friday before an election for purposes other than processing absentee ballots shall be deemed a class one election offense. After 8:00 a.m. on the Friday before an election any person authorized under subsection 4 of this section may copy the list, and the election authority may make copies of the list available to such persons for a reasonable fee determined by the election authority.
4. In each city not within a county, in each county of the first classification having a population of more than nine hundred thousand inhabitants, in each county of the first classification containing the major portion of a city which has over three hundred thousand inhabitants, and in that portion of each city which has over three hundred thousand inhabitants and located in more than one county, situated in the county containing the major portion of the city, after 8:00 a.m. on the Friday before an election, all lists of applications for absentee ballots shall be kept confidential to the extent that such lists of applications shall not be posted or displayed in any area open to the general public, nor shall such lists of applications be shown to any person who is not entitled to see such lists of applications, either pursuant to the provisions of this chapter or any other provisions of law. Persons entitled to see such lists shall include a candidate or a duly authorized representative of a campaign committee as defined in section 130.011, or any person with written authorization from a candidate, or any person that has applied for an absentee ballot.
5. The election authority shall maintain a list stating the name, voting address, and mailing address, if different, of each person that cast an early ballot. Any person authorized under subsection 4 of this section may copy the list, and the election authority may make copies of the list available to such persons for a reasonable fee determined by the election authority. The list of early ballot voters or any information contained on the early ballot application shall be kept confidential. On the third Tuesday before the election and after 8:00 a.m. on the Friday before an election, any person authorized under subsection 4 of this section may copy the list, and the election authority may make copies of the list available to such persons for a reasonable fee determined by the election authority. Nothing shall prohibit any person authorized under subsection 4 of this section from requesting to copy the list at any time.
115.291. 1. Upon receiving an absentee ballot [in person or] by mail, the voter shall mark the ballot in secret, place the ballot in the ballot envelope, seal the envelope and fill out the statement on the ballot envelope. The affidavit of each person voting an absentee ballot shall be subscribed and sworn to before the election official receiving the ballot, a notary public or other officer authorized by law to administer oaths, unless the voter is voting absentee due to incapacity or confinement due to the provisions of section 115.284, illness or physical disability, or the voter is a covered voter as defined in section 115.902. If the voter is blind, unable to read or write the English language, or physically incapable of voting the ballot, the voter may be assisted by a person of the voter's own choosing. Any person assisting a voter who is not entitled to such assistance, and any person who assists a voter and in any manner coerces or initiates a request or a suggestion that the voter vote for or against or refrain from voting on any question, ticket or candidate, shall be guilty of a class one election offense. If, upon counting, challenge or election contest, it is ascertained that any absentee ballot was voted with unlawful assistance, the ballot shall be rejected.
2. Except as provided in subsection 4 of this section, each absentee ballot shall be returned to the election authority in the ballot envelope and shall only be returned by the voter in person, or in person by a relative of the voter who is within the second degree of consanguinity or affinity, by mail or registered carrier or by a team of deputy election authorities; except that persons in federal service, when sent from a location determined by the secretary of state to be inaccessible on election day, shall be allowed to return their absentee ballots cast by use of facsimile transmission or under a program approved by the Department of Defense for electronic transmission of election materials.
3. In cases of an emergency declared by the President of the United States or the governor of this state where the conduct of an election may be affected, the secretary of state may provide for the delivery and return of absentee ballots by use of a facsimile transmission device or system. Any rule promulgated pursuant to this subsection shall apply to a class or classes of voters as provided for by the secretary of state.
4. No election authority shall refuse to accept and process any otherwise valid marked absentee ballot submitted in any manner by a covered voter solely on the basis of restrictions on envelope type.
115.297. Before the precinct registers are delivered to the polling places for an election, the election authority shall record in the precinct registers those voters who have submitted an absentee ballot or early ballot and are ineligible to vote at the polls. On election day, the election authority shall notify the appropriate election judges of any absentee ballot or early ballot received by the election authority not previously recorded in a precinct register. The election authority shall record the fact in the appropriate precinct register and shall not allow any person who has voted an absentee ballot or early ballot in the election to vote at the polls on election day. After the election and before convening the verification board, the election authority shall record in the precinct registers those voters whose absentee ballots were received too late to permit previous recording in the precinct registers. If it is determined that any voter submitted an absentee ballot or early ballot and voted at the polls on election day, the election authority shall certify the fact and the name of the voter to the verification board. Such certificate shall be included with the abstracts drawn by the verification board.
115.300. In each jurisdiction, the election authority may start, not earlier than the [fifth] seventh day prior to the election, the preparation of absentee ballots for tabulation on the election day. The election authority shall give notice to the county chairman of each major political party forty-eight hours prior to beginning preparation of absentee ballot envelopes. Absentee ballot preparation shall be completed by teams of election authority employees or teams of election judges, with each team consisting of one member from each major political party.
115.417. 1. Before the time fixed by law for the opening of the polls, the election authority shall deliver to each polling place a sufficient number of voter instruction cards which include the following information:
(1) If paper ballots or an electronic voting system is used, the instructions shall inform the voter on how to obtain a ballot for voting, how to vote and prepare the ballot for deposit in the ballot box and how to obtain a new ballot to replace one accidentally spoiled;
(2) If voting machines are used, the instructions shall inform the voter how to operate the machine in such a manner that the voter may vote as the voter wishes.
2. The election authority at each polling place shall post in a conspicuous place voting instructions on a poster no smaller than twenty-four inches by thirty inches. Such instructions shall also inform the voter that the voting equipment can be demonstrated upon request of the voter. The election authority shall also publicly post during the period of time in which a person may cast an absentee ballot or early ballot and on election day a sample version of the ballot that will be used for that election, the date of the election, the hours during which the polling place will be open, instructions for mail-in registrants and first-time voters, general information on voting rights in accordance with the state plan filed by the secretary of state pursuant to the Help America Vote Act of 2002, general information on the right to cast a provisional ballot and instructions for provisional ballots, how to contact appropriate authorities if voting rights have been violated, and general information on federal and Missouri law regarding prohibitions on acts of fraud and misrepresentation. The secretary of state may promulgate rules to execute this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536.
3. If marking devices or voting machines are used, the election authority shall also provide to each polling place a model of a marking device or portion of the face of a voting machine. If requested to do so by a voter, the election judges shall give instructions on operation of the marking device or voting machine by use of the model.
4. The secretary of state may develop multilingual voting instructions to be made available to election authorities.
115.430. 1. This section shall apply to primary and general elections where candidates for federal or statewide offices are nominated or elected and any election where statewide issue or issues are submitted to the voters.
2. (1) A voter claiming to be properly registered in the jurisdiction of the election authority and eligible to vote in an election, but whose eligibility at that precinct cannot be immediately established upon examination of the precinct register, shall be entitled to vote a provisional ballot after providing a form of personal identification required pursuant to section 115.427 or upon executing an affidavit under section 115.427, or may vote at a central polling place as established in section 115.115 where the voter may vote his or her appropriate ballot for his or her precinct of residence upon verification of eligibility or vote a provisional ballot if eligibility cannot be determined. The provisional ballot provided to a voter under this section shall be the ballot provided to a resident of the voter's precinct determined by reference to the affidavit provided for in this section. If the voter declares that the voter is eligible to vote and the election authority determines that the voter is eligible to vote at another polling place, the voter shall be directed to the correct polling place or a central polling place as established by the election authority pursuant to subsection 5 of section 115.115. If the voter refuses to go to the correct polling place or a central polling place, the voter shall be permitted to vote a provisional ballot at the incorrect polling place, but such ballot shall not be counted if the voter was not eligible to vote at that polling place.
(2) The following steps shall be taken to establish a voter's eligibility to vote at a polling place:
(a) The election judge shall examine the precinct register as provided in section 115.425. If the voter is registered and eligible to vote at the polling place, the voter shall receive a regular ballot;
(b) If the voter's eligibility cannot be immediately established by examining the precinct register, the election judge shall contact the election authority. If the election authority cannot immediately establish that the voter is registered and eligible to vote at the polling place upon examination of the Missouri voter registration system, or if the election judge is unable to make contact with the election authority immediately, the voter shall be notified that the voter is entitled to a provisional ballot.
(3) The voter shall have the duty to appear and vote at the correct polling place. If an election judge determines that the voter is not eligible to vote at the polling place at which a voter presents himself or herself, and if the voter appears to be eligible to vote at another polling place, the voter shall be informed that he or she may cast a provisional ballot at the current polling place or may travel to the correct polling place or a central polling place, as established by the election authority under subsection 5 of section 115.115, where the voter may cast a regular ballot or provisional ballot if the voter's eligibility still cannot be determined. Provisional ballots cast at a polling place shall be counted only if the voter was eligible to vote at such polling place as provided in subsection 5 of this section.
(4) For a voter requesting [an absentee ballot in person] to vote by early ballot at a central voting location, such voter shall be entitled to cast a provisional ballot when the voter's eligibility cannot be immediately established upon examination of the precinct registers or the Missouri voter registration system. No voter requesting to vote by early ballot at a satellite voting location shall be entitled to cast a provisional ballot for any reason.
(5) Prior to accepting any provisional ballot at the polling place, the election judges shall determine that the information provided on the provisional ballot envelope by the provisional voter is consistent with the identification provided by such person under section 115.427.
3. (1) No person shall be entitled to receive a provisional ballot until such person has completed a provisional ballot affidavit on the provisional ballot envelope.
(2) The secretary of state shall produce appropriate sizes of provisional ballot envelopes and distribute them to each election authority according to their tabulating system. All provisional ballot envelopes shall be printed on a distinguishable color of paper that is different from the color of the regular ballot. The provisional ballot envelope shall be in the form required by subsection 4 of this section. All provisional ballots shall be marked with a conspicuous stamp or other distinguishing mark that makes them readily distinguishable from the regular ballots.
(3) Once voted, the provisional ballot shall be placed and sealed in a provisional ballot envelope.
4. The provisional ballot in its envelope shall be deposited in the ballot box. The provisional ballot envelope shall be completed by the voter for use in determining eligibility. The provisional ballot envelope specified in this section shall contain a voter's certificate which shall be in substantially the following form:
STATE OF ...........................
COUNTY OF ..........................
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.
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.
...............................
(Signature of Voter)
...............................
(Current Address)
Subscribed and affirmed before me this ............... day of ..................., 20..........
.................................
(Signature of Election Official)
The voter may provide additional information to further assist the election authority in determining eligibility, including the place and date the voter registered to vote, if known.
5. (1) Prior to counting any provisional ballot, the election authority shall determine if the voter is registered and eligible to vote and if the vote was properly cast. The eligibility of provisional votes shall be determined according to the requirements for a voter to cast a ballot in the election as set forth in sections 115.133 and 115.135. A provisional [voter] ballot shall not be eligible to be counted until the election authority has determined that:
(a) The voter cast such provisional ballot at a polling place established for the voter or the central polling place established by the election authority under subsection 5 of section 115.115;
(b) The individual who cast the provisional ballot is an individual registered to vote in the respective election at the polling place where the ballot was cast;
(c) The voter did not otherwise vote in the same election by regular ballot, absentee ballot, or otherwise; and
(d) The information on the provisional ballot envelope is found to be correct, complete, and accurate.
(2) When the ballot boxes are delivered to the election authority from the polling places, the receiving teams shall separate the provisional ballots from the rest of the ballots and place the sealed provisional ballot envelopes in a separate container. Teams of election authority employees or teams of election judges with each team consisting of one member of each major political party shall photocopy each provisional ballot envelope, such photocopy to be used by the election authority to determine provisional voter eligibility. The sealed provisional ballot envelopes shall be placed by the team in a sealed container and shall remain therein until tabulation.
(3) To determine whether a provisional ballot is valid and entitled to be counted, the election authority shall examine its records and verify that the provisional voter is properly registered and eligible to vote in the election. If the provisional voter has provided information regarding the registration agency where the provisional voter registered to vote, the election authority shall make an inquiry of the registration agency to determine whether the provisional voter is properly registered and eligible to vote in the election.
(4) If the election authority determines that the provisional voter is registered and eligible to vote in the election, the election authority shall provide documentation verifying the voter's eligibility. Such documentation shall be noted on the copy of the provisional ballot envelope and shall contain substantially the following information:
(a) The name of the provisional voter;
(b) The name of the reviewer;
(c) The date and time; and
(d) A description of evidence found that supports the voter's eligibility.
(5) The local election authority shall record on a provisional ballot acceptance/rejection list the provisional ballot identification number and a notation marking it as accepted.
(6) If the election authority determines that the provisional voter is not registered or eligible to vote in the election, the election authority shall provide documentation verifying the voter's ineligibility. Such documentation shall be noted on the copy of the provisional ballot envelope and shall contain substantially the following information:
(a) The name of the provisional voter;
(b) The name of the reviewer;
(c) The date and time;
(d) A description of why the voter is ineligible.
(7) The local election authority shall record on a provisional ballot acceptance/rejection list the provisional ballot identification number and notation marking it as rejected.
(8) If rejected, a photocopy of the envelope shall be made and used by the election authority as a mail-in voter registration. The actual provisional ballot envelope shall be kept as ballot material, and the copy of the envelope shall be used by the election authority for registration record keeping.
6. All provisional ballots cast by voters whose eligibility has been verified as provided in this section shall be counted in accordance with the rules governing ballot tabulation. Provisional ballots shall not be counted until all provisional ballots are determined either eligible or ineligible and all provisional ballots must be processed before the election is certified. The provisional ballot shall be counted only if the election authority determines that the voter is registered and eligible to vote. Provisional ballots voted in the wrong polling place shall not be counted. If the voter is not registered but is qualified to register for future elections, the affidavit shall be considered a mail-in application to register to vote pursuant to this chapter.
7. (1) After the election authority completes its review of the provisional voter's eligibility under subsection 5 of this section, the election authority shall deliver the provisional ballots and copies of the provisional ballot envelopes that include eligibility information to bipartisan counting teams, which may be the board of verification, for review and tabulation. The election authority shall maintain a record of such delivery. The record shall include the number of ballots delivered to each team and shall include a signed receipt from two judges, one from each major political party. The election authority shall provide each team with a ballot box and material necessary for tabulation.
(2) If the person named on the provisional ballot affidavit is found to have been properly qualified and registered to cast a ballot in the election and the provisional ballot otherwise qualifies to be counted under the provisions of this section, the envelope shall be opened, and the ballot shall be placed in a ballot box to be counted.
(3) If the person named on the provisional ballot affidavit is found not to have been properly qualified and registered to cast a ballot in the election or if the election authority is unable to determine such person's right to vote, the envelope containing the provisional ballot shall not be opened, and the person's vote shall not be counted. The members of the team shall follow the procedures set forth in subsection 5 of this section for rejected provisional ballots.
(4) The votes shall be tallied and the returns made as provided in sections 115.447 to 115.525 for paper ballots. After the vote on all ballots assigned to a team have been counted, the ballots, ballot envelopes, and copies of ballot envelopes with the eligibility information provided by the election authority shall be enclosed in sealed containers marked "Voted provisional ballots and ballot envelopes from the election held ......., 20...". All rejected provisional ballots, ballot envelopes, and copies of ballot envelopes with the eligibility information provided by the election authority shall be enclosed in sealed containers marked "Rejected provisional ballots and ballot envelopes from the election held ..........................., 20...". On the outside of each voted ballot and rejected ballot container, each member of the team shall write their name and all such containers shall be returned to the election authority. Upon receipt of the returns and ballots, the election authority shall tabulate the provisional votes.
8. Challengers and watchers, as provided by sections 115.105 and 115.107, may be present during all times that the bipartisan counting teams are reviewing or counting the provisional ballots, the provisional ballot envelopes, or copies of the provisional ballot envelopes that include eligibility information provided by the election authority. Challengers and watchers shall be permitted to observe the determination of the eligibility of all provisional ballots. The election authority shall notify the county chair of each major political party of the time and location when bipartisan counting teams will be reviewing or counting the provisional ballots, the provisional ballot envelopes, or the copies of the provisional ballot envelopes that include the eligibility information provided by the election authority.
9. The certificate of ballot cards shall:
(1) Reflect the number of provisional envelopes delivered; and
(2) Reflect the number of sealed provisional envelopes with voted ballots deposited in the ballot box.
10. In counties where the voting system does not utilize a paper ballot, the election authority shall provide the appropriate provisional ballots to each polling place.
11. The secretary of state may promulgate rules for purposes of ensuring the uniform application of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536.
12. The secretary of state shall design and provide to the election authorities the envelopes and forms necessary to carry out the provisions of this section.
13. Pursuant to the Help America Vote Act of 2002, the secretary of state shall ensure a free access system is established, such as a toll-free number or an internet website, that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted. At the time an individual casts a provisional ballot, the election authority shall give the voter written information that states that any individual who casts a provisional ballot will be able to ascertain under such free access system whether the vote was counted, and if the vote was not counted, the reason that the vote was not counted.
14. In accordance with the Help America Vote Act of 2002, any individual who votes in an election as a result of a court order or any other order extending the time established for closing the polls in section 115.407 may vote only by using a provisional ballot, and such provisional ballot shall be separated and held apart from other provisional ballots cast by those not affected by the order. Such ballots shall not be counted until such time as the ballots are determined to be valid. No state court shall have jurisdiction to extend the polling hours established by law, including section 115.407.
115.447. 1. As used in this subchapter, unless the context clearly implies otherwise, the following terms shall mean:
(1) "Counting judges" are the two judges, one from each major political party, who read each vote received by all candidates and each vote for and against all questions at a polling place;
(2) "Receiving judges" are the two judges, one from each major political party, who initial each voter's ballot at a polling place;
(3) "Recording judges" are the two judges, one from each major political party, who tally the votes received by each candidate and for and against each question at a polling place. These terms describe functions rather than individuals, and any election judge may perform more than one function at a polling place on election day.
2. As used in this subchapter, unless the context clearly implies otherwise, the following terms shall mean:
(1) "Defective ballot" is any ballot card on which the number of write-in votes and votes cast on the ballot card for any office exceed the number allowed by law, and any ballot card which is bent or damaged so that it cannot be properly counted by automatic tabulating equipment;
(2) "Rejected ballot" is any ballot on which no votes are counted because the ballot fails to have the initials of the proper election judges, because the number of votes for all offices and on all questions exceeds the number authorized by law, because the voter is deemed by the election judges to be unqualified, because it is [an] a mail-in absentee ballot not accompanied by a completed and signed affidavit, because the number of votes on an early ballot for all offices and on all questions exceeds the number authorized by law, or because the ballot was voted with unlawful assistance;
(3) "Spoiled ballot" is any ballot accidentally spoiled by a voter and replaced by election judges in the manner provided in subsection 2 of section 115.439.
115.481. The final and correct return printed by the automatic tabulating equipment added to the write-in, absentee, early ballot and handcounted votes shall be the official return of each polling place and the jurisdiction.
115.507. 1. Not later than the second Tuesday after the election, the verification board shall issue a statement announcing the results of each election held within its jurisdiction and shall certify the returns to each political subdivision and special district submitting a candidate or question at the election. The statement shall include a categorization of the number of regular, early, and absentee votes cast in the election, and how those votes were cast; provided however, that absentee votes shall not be reported separately where such reporting would disclose how any single voter cast his or her vote. When absentee votes are not reported separately the statement shall include the reason why such reporting did not occur. Nothing in this section shall be construed to require the election authority to tabulate absentee ballots by precinct on election night.
2. The verification board shall prepare the returns by drawing an abstract of the votes cast for each candidate and on each question submitted to a vote of people in its jurisdiction by the state and by each political subdivision and special district at the election. The abstract of votes drawn by the verification board shall be the official returns of the election.
3. Any home rule city with more than four hundred thousand inhabitants and located in more than one county may by ordinance designate one of the election authorities situated partially or wholly within that home rule city to be the verification board that shall certify the returns of such city submitting a candidate or question at any election and shall notify each verification board within the city of that designation by providing each with a copy of such duly adopted ordinance. Not later than the second Tuesday after any election in any city making such a designation, each verification board within the city shall certify the returns of such city submitting a candidate or question at the election to the election authority so designated by the city to be its verification board, and such election authority shall announce the results of the election and certify the cumulative returns to the city in conformance with subsections 1 and 2 of this section not later than ten days thereafter.
4. Not later than the second Tuesday after each election at which the name of a candidate for nomination or election to the office of president of the United States, United States senator, representative in Congress, governor, lieutenant governor, state senator, state representative, judge of the circuit court, secretary of state, attorney general, state treasurer, or state auditor, or at which an initiative, referendum, constitutional amendment or question of retaining a judge subject to the provisions of article V, section 29 of the state constitution, appears on the ballot in a jurisdiction, the election authority of the jurisdiction shall mail or deliver to the secretary of state the abstract of the votes given in its jurisdiction, by polling place or precinct, for each such office and on each such question. If mailed, the abstract shall be enclosed in a strong, sealed envelope or envelopes. On the outside of each envelope shall be printed: "Returns of election held in the county of .............. (City of St. Louis, Kansas City) on the ............ day of ..............., ..........,"[, etc].
[115.294. Other provisions of law to the contrary notwithstanding, no absentee ballot shall be rejected for failure of the voter to state on the ballot envelope his reason for voting an absentee ballot.]
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