HCS HB 613 -- ELECTIONS

SPONSOR:  Deeken (Diehl)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Elections
by a vote of 7 to 5.

This substitute changes the laws regarding elections.  In its
main provisions, the substitute:

(1)  Establishes the Andrew Jackson Vote Restoration Act which
repeals certain provisions regarding the election process for
nonpartisan elections.  Currently, nonpartisan elections in
political subdivisions and special districts, except for
municipalities, may be canceled if the number of candidates
filing for a position is equal to the number of positions
available.  The act repeals these provisions and requires
elections to always be held;

(2)  Makes it a class three election offense to use an electronic
recording device to record, photograph, copy, or transmit the
content of a voted ballot to any unauthorized person;

(3)  Allows county commissions in third and fourth classification
counties to appoint a land surveyor if the filing deadline for
the office has expired without any candidate filing for the
office and the proper notice has been given as required.
Currently, these county commissions may appoint a land surveyor
following a general election if no qualified candidates file for
the office;

(4)  Prohibits an individual who has been found guilty of or pled
guilty or nolo contendere to a felony in Missouri, to any crime
committed in any other jurisdiction that would be a felony if
committed in Missouri, or to any federal felony or misdemeanor
from qualifying as a candidate for elective public office
including any elective public office of any political
subdivision.  Crimes involving misconduct in public office or
dishonesty whether classified as misdemeanors or felonies will
also disqualify an individual;

(5)  Allows certain third class cities to eliminate primary
elections for the position of mayor or councilman.  Statements of
candidacy may be filed with the county clerk, and the eligible
candidates will be placed on the ballot at a general election;
and

(6)  Requires the Secretary of State to establish a secure system
for allowing absentee voting via ballot transmission over the
Internet by those in the military and federal service who are
currently residing outside of the United States.  The Secretary
of State will consider programs that are based on open source
platforms, provide support to participating local election
authorities, provide adequate voter education to oversees voters,
and seek federal funds for the program.  A phased implementation
of the program will begin by June 30, 2010, with full
implementation by January 1, 2012.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Unknown
greater than $15,792 in FY 2010, FY 2011, and FY 2012.  No impact
on Other State Funds in FY 2010, FY 2011, and FY 2012.

PROPONENTS:  Supporters say that Missouri ranks poorly in
allowing ballot access to oversees voters.  Missouri has 50,000
to 60,000 eligible military voters, but only 7,000 ballots are
typically cast.  The costs of implementation should come from
general revenue and federal funds.

Testifying for the bill were Representative Diehl; Missouri
Circuit Clerks Association; and Wendy Noren, Boone County Clerk.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say that extending the
period for counting absentee ballots might be useful.  It is
unclear if a current computer system exists that would be
satisfactory.

Testifying on the bill was Office of the Secretary of State.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:25 am