SECOND REGULAR SESSION
[PERFECTED]
HOUSE COMMITTEE SUBSTITUTE FOR
95TH GENERAL ASSEMBLY
4082L.06P D. ADAM CRUMBLISS, Chief Clerk
JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment to article VIII of the Constitution of Missouri, and adopting four new sections relating to voter identification.
Be it resolved by the House of Representatives, the Senate concurring therein:
That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2010, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article VIII of the Constitution of the state of Missouri:
Section A. Article VIII, Constitution of Missouri, is amended by adding four new sections, to be known as sections 8, 9, 10, and 11, to read as follows:
Section 8. Qualified electors of the state may be enabled by general law to vote in person in advance of election day at all elections by the people according to the following terms:
1. Advance voting may be permitted from the second Wednesday before the election until the first Wednesday before the election excluding Sundays.
2. Advance voting may be conducted at such locations as are determined by general law to be necessary or desirable to balance reasonable access to advance voting, accountability, integrity, and security of the election, efficiency in the administration of the election, and appropriate and responsible uses of public funds and other resources. The number of advance voting sites may vary depending on expected voter turnout for an election. A general law that requires election authorities to establish a certain number of advance voting sites based solely on the number of registered voters in an election jurisdiction conflicts with this subsection and is not valid.
3. Votes cast in advance of election day shall not be counted before the election day.
4. If a voter identification requirement is provided by general law for in-person voting on election day, persons who desire to vote in advance of election day shall also comply with that identification requirement.
5. The name and other identifying information of persons who vote in advance of the election shall be treated confidentially by election officials and lists of persons who have voted in advance shall not be disclosed to members of the public by election officials during the advance voting period, except as necessary for the administration of the election, for law enforcement, or to comply with a court order requiring disclosure for good cause shown. Election officials may disclose lists with the names or other identifying information for persons who have voted in advance of the election to the public after the advance voting period has closed. This section does not prohibit election officials, election judges, challengers, watchers, or any other member of the public from observing or participating in the election process. This section does not alter or effect any change in the provisions of section 3 of this article relating to nondisclosure of how any voter voted and the exceptions thereto.
6. This section shall not apply to absentee voting laws authorized by section 7 of this article.
7. Any law that conflicts with this section shall not be valid or enforceable.
8. This section is not self-executing. Implementing general laws shall be required before any person may vote in advance of an election. In order to allow election authorities sufficient time to prepare for advance voting if authorized by general law, advance voting shall not be effective for any election held on or before January 1, 2012.
Section 9. A person seeking to vote in person in public elections may be required by general law to identify himself or herself and verify his or her qualifications as a citizen of the United States of America and a resident of the state of Missouri by providing election officials with a form of identification, which may include valid government-issued photo identification. Exceptions to the identification requirement may also be provided for by general law.
Section 10. Different requirements for absentee voting when the voter does not appear before the election authority may be established by general law as may be necessary or desirable in order to accommodate the different purposes and administration requirements of this method of voting.
Section 11. If any portion, clause, or phrase of sections 8, 9, and 10 of this article is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions, clauses, and phrases shall be invalid and of no further force or effect.
Section B. The official ballot title for section A of this act shall read as follows:
"Shall the Missouri Constitution be amended to adopt the Voter Protection Act and allow the General Assembly to provide by general law for advance voting prior to election day, voter photo identification requirements, and voter requirements based on whether one appears to vote in person or by absentee ballot?".
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