Bill Text: MO HB773 | 2013 | Regular Session | Introduced
Bill Title: Changes the laws regarding election ballots and audits
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-26 - Public Hearing Completed (H) [HB773 Detail]
Download: Missouri-2013-HB773-Introduced.html
FIRST REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE ENTLICHER.
1940H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 115.225, 115.237, and 115.493, RSMo, and to enact in lieu thereof four new sections relating to elections.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 115.225, 115.237, and 115.493, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 115.225, 115.237, 115.493, and 115.506, to read as follows:
115.225. 1. Before use by election authorities in this state, the secretary of state shall approve the marking devices and the automatic tabulating equipment used in electronic voting systems and may promulgate rules and regulations to implement the intent of sections 115.225 to 115.235.
2. No electronic voting system shall be approved unless it:
(1) Permits voting in absolute secrecy;
(2) Permits each voter to vote for as many candidates for each office as a voter is lawfully entitled to vote for;
(3) Permits each voter to vote for or against as many questions as a voter is lawfully entitled to vote on, and no more;
(4) Provides facilities for each voter to cast as many write-in votes for each office as a voter is lawfully entitled to cast;
(5) Permits each voter in a primary election to vote for the candidates of only one party announced by the voter in advance;
(6) Permits each voter at a presidential election to vote by use of a single punch or mark for the candidates of one party or group of petitioners for president, vice president and their presidential electors;
(7) Accurately counts all proper votes cast for each candidate and for and against each question;
(8) Is set to reject all votes, except write-in votes, for any office and on any question when the number of votes exceeds the number a voter is lawfully entitled to cast;
(9) Permits each voter, while voting, to clearly see the ballot label;
(10) [Has been tested and is certified by an independent authority that meets the voting system standards developed by the Federal Election Commission or its successor agency. The provisions of this subdivision shall not be required for any system purchased prior to August 28, 2002] Produces the election results from paper ballots that voters have marked by hand or, in the case of disabled voters who need assistance, from paper ballots that have been marked by paper ballot-marking devices designed to assist disabled voters.
3. [The secretary of state shall promulgate rules and regulations to allow the use of a computerized voting system. The procedures shall provide for the use of a computerized voting system with the ability to provide a paper audit trail. Notwithstanding any provisions of this chapter to the contrary, such a system may allow for the storage of processed ballot materials in an electronic form] If any election authority uses any direct-record electronic touch-screen, vote-counting machine to accommodate disabled voters, the election authority may continue to use such machine solely for disabled voters who desire to use it. Upon the removal of such voting machine from the election authority’s inventory because of mechanical malfunction, wear and tear, or any other reason, the machine shall not be replaced and no additional direct-record electronic voting machine shall be added to the election authority’s inventory. Replacement of equipment for use by disabled voters shall be with paper ballot-marking devices designed to assist disabled voters.
4. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.
115.237. 1. [Each ballot printed or designed for use with an electronic voting system for any election pursuant to this chapter shall contain all questions and the names of all offices and candidates certified or filed pursuant to this chapter and no other. As far as practicable, all questions and the names of all offices and candidates for which each voter is entitled to vote shall be printed on one page except for the ballot for political party committee persons in polling places not utilizing an electronic voting system which may be printed separately and in conformity with the requirements contained in this section. As far as practicable, ballots containing only questions and the names of nonpartisan offices and candidates shall be printed in accordance with the provisions of this section, except that the ballot information may be listed in vertical or horizontal rows. The names of candidates for each office shall be listed in the order in which they are filed] The official ballot shall be a paper ballot that is hand-marked by the voter or, in the case of disabled voters who need assistance, by a paper ballot-marking device designed to assist disabled voters, except as provided in subsection 3 of section 115.225.
2. Except as provided in subsection 5 of this section, each ballot shall have:
(1) Each party name printed in capital letters not less than eighteen point in size;
(2) The name of each office printed in capital letters not less than eight point in size;
(3) The name of each candidate printed in capital letters not less than ten point in size;
(4) A small square, the sides of which shall not be less than one-fourth inch in length, printed directly to the left of each candidate's name and on the same line as the candidate's name. When write-in votes are authorized and no candidate's name is to be printed under the name of an office in a party or nonpartisan column, under the name of the office in the column shall be printed a square. Directly to the right of the square shall be printed a horizontal line on which the voter may vote for a person whose name does not appear on the ballot. When more than one position is to be filled for an office, and the number of candidates' names under the office in a column is less than the number of positions to be filled, the number of squares and write-in lines printed in the column shall equal the difference between the number of candidates' names and the number of positions to be filled;
(5) The list of candidates of each party and all nonpartisan candidates placed in separate columns with a heavy vertical line between each list;
(6) A horizontal line extending across the ballot three-eighths of an inch below the last name or write-in line under each office in such a manner that the names of all candidates and all write-in lines for the same office appear between the same horizontal lines. If write-in votes are not authorized, the horizontal line shall extend across the ballot three-eighths of an inch below the name of the last candidate under each office;
(7) In a separate column or beneath a heavy horizontal line under all names and write-in lines, all questions;
(8) At least three-eighths of an inch below all other matter on the ballot, printed in ten-point Gothic type, the words "Instructions to Voters" followed by directions to the voter on marking the ballot as provided in section 115.439;
(9) Printed at the top on the face of the ballot the words "Official Ballot" followed by the date of the election and the statement "Instruction to Voters: Place an X in the square opposite the name of the person for whom you wish to vote.".
3. As nearly as practicable, each ballot shall be in substantially the following form:
OFFICIAL BALLOT DATE ..........................
REPUBLICAN DEMOCRATIC THIRD PARTY INDEPENDENT
For President For President For President For President
and and and and
Vice President Vice President Vice President Vice President
□............. □............. □............. □.............
For For For For
United States United States United States United States
Senator Senator Senator Senator
□............. □............. □............. □.............
For Governor For Governor For Governor For Governor
□............. □............. □............. □.............
For Lieutenant For Lieutenant For Lieutenant For Lieutenant
Governor Governor Governor Governor
□............. □............. □............. □.............
For Secretary For Secretary For Secretary For Secretary
of State of State of State of State
□............. □............. □............. □.............
For Treasurer For Treasurer For Treasurer For Treasurer
□............. □............. □............. □.............
For Attorney For Attorney For Attorney For Attorney
General General General General
□............. □............. □............. □.............
For For For For
United States United States United States United States
Representative Representative Representative Representative
□............. □............. □............. □.............
For State For State For State For State
Senator Senator Senator Senator
□............. □............. □............. □.............
For State For State For State For State
Representative Representative Representative Representative
□............. □............. □............. □.............
For Circuit For Circuit For Circuit For Circuit
Judge Judge Judge Judge
□............. □............. □............. □.............
4. No ballot printed or designed for use with an electronic voting system for any partisan election held under this chapter shall allow a person to vote a straight political party ticket. For purposes of this subsection, a "straight political party ticket" means voting for all of the candidates for elective office who are on the ballot representing a single political party by a single selection on the ballot.
5. The secretary of state shall promulgate rules that specify uniform standards for ballot layout for each electronic or computerized ballot counting system approved under the provisions of section 115.225 so that the ballot used with any counting system is, where possible, consistent with the intent of this section. Nothing in this section shall be construed to require the format specified in this section if it does not meet the requirements of the ballot counting system used by the election authority.
6. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.
115.493. The election authority shall keep all voted ballots, ballot cards, processed ballot materials in electronic form and write-in forms, and all applications, statements, certificates, affidavits and computer programs relating to each election for twelve months after the date of the election. During the time that voted ballots, ballot cards, processed ballot materials in electronic form and write-in forms are kept by the election authority, it shall [not open or inspect them or allow anyone else to do so, except upon order of a legislative body trying an election contest, a court or a grand jury] make available all records of the election for the purpose of review by any citizen’s group that makes such a request in writing with the review to be conducted only on the election authority’s premises with observers from the election authority present at all times. Ballots and other physical records of the election may not be removed from the premises at any time. Copies of electronic election records shall be provided upon request. After twelve months, the ballots, ballot cards, processed ballot materials in electronic form, write-in forms, applications, statements, certificates, affidavits and computer programs relating to each election may be destroyed. If an election contest, grand jury investigation or civil or criminal case relating to the election is pending at the time, however, the materials shall not be destroyed until the contest, investigation or case is finally determined.
115.506. 1. No election shall be certified until an audit shall have been completed on the election returns. To certify an election, the audit must have the following characteristics:
(1) The audit shall demonstrate to the election authority that the vote counts accurately reflected the will of the voters.
(2) No fewer than five percent of the precincts within the election district shall be audited.
(3) Selecting the precincts to audit shall be based on a random sample selection process.
(4) All audit counts shall be hand-counted.
2. The entire audit process shall be open to the public, and both audio and video recording will be allowed.
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