HCS HJR 64 -- ELECTIONS

SPONSOR:  Deeken (Cox)

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

Upon voter approval, this proposed constitutional amendment
changes the laws regarding elections.  In its main provisions,
the resolution authorizes the enactment by general law of
provisions which:

(1)  Allow a person to vote in person in advance of election day
at all elections.  Advance voting may be permitted from the
second Wednesday before the election until the first Wednesday
before the election excluding Sundays.  The voting may be
conducted at locations as 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.  The counting of advance ballots before the election day
is prohibited.  Certain restrictions on the release of voter
identification information until after the regular election are
specified.  Advance voting cannot take place for any election
held on or before January 1, 2012, in order to allow election
authorities sufficient time to prepare.  These provisions will
not apply to absentee voting laws, and any law that conflicts
with these provisions will not be valid or enforceable;

(2)  Require a person seeking to vote in person in a public
election to identify himself or herself and verify his or her
qualifications as a citizen of the United States and a resident
of Missouri and allow exceptions to the identification
requirement; and

(3)  Allow different requirements for absentee voting when the
voter does not appear before the election authority.

If any portion, clause, or phrase of the resolution is, for any
reason, held to be invalid or unconstitutional by a court of
competent jurisdiction, the entire resolution will be invalid and
of no further force or effect.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of an
income of $0 or a cost of More than $7,000,000 in FY 2011, an
income of $0 or a cost of Unknown in FY 2012, and an income of $0
or a cost of Unknown in FY 2013.  No impact on Other State Funds
in FY 2011, FY 2012, and FY 2013.

PROPONENTS:  Supporters say that voter fraud is a concern in
Missouri and should be addressed.  The United States Supreme
Court allows the use of photo identification in certain
circumstances to further the state's interest in preventing
fraud.  Studies show that identification requirements do not
lower voter turnout in any statistically significant manner.  The
bill is not enabling legislation, and all specific requirements
must be passed by general law.

Testifying for the bill was Representative Cox.

OPPONENTS:  Those who oppose the bill say that it will cost
millions of dollars and disenfranchise thousands of voters.
Currently, approximately 240,000 eligible voters lack
identification.  Obtaining a photo identification could be an
economic burden for some people.

Testifying against the bill were Office of the Secretary of
State; American Civil Liberties Union of Eastern Missouri;
Missouri National Education Association; Mark Brown, Missouri
Service Union of Kansas City; and Missouri Association for Social
Welfare.

OTHERS:  Others testifying on the bill say fraud could be
occurring in Missouri elections.  Electronic verification is
becoming acceptable nationwide.  Generally, election laws should
not be specified in the constitution but in statute.

Testifying on the bill was Wendy Noren, Boone County Clerk.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:14 pm