FIRST REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES DONNELLY (Sponsor) LeVOTA, DOUGHERTY, FRASER, ZWEIFEL, YAEGER, PAGE, BRINGER AND STORCH (Co-sponsors).
Read 1st time March 9, 2005 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal sections 28.035, 115.105, 115.126, 115.159, 115.275, 115.277, 115.279, 115.281, 115.283, 115.284, 115.287, 115.289, 115.290, 115.291, 115.292, 115.293, 115.294, 115.295, 115.297, 115.299, 115.300, 115.301, 115.303, 115.417, 115.436, 115.447, 115.477, 115.481, 115.507, 115.631, 115.637, 115.658, 116.310, and 486.350, RSMo, and to enact in lieu thereof thirty-four new sections relating to advance voting, with penalty provisions and an effective date.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 28.035, 115.105, 115.126, 115.159, 115.275, 115.277, 115.279, 115.281, 115.283, 115.284, 115.287, 115.289, 115.290, 115.291, 115.292, 115.293, 115.294, 115.295, 115.297, 115.299, 115.300, 115.301, 115.303, 115.417, 115.436, 115.447, 115.477, 115.481, 115.507, 115.631, 115.637, 115.658, 116.310, and 486.350, RSMo, are repealed and thirty-four new sections enacted in lieu thereof, to be known as sections 28.035, 115.105, 115.159, 115.275, 115.276, 115.277, 115.279, 115.281, 115.283, 115.284, 115.287, 115.289, 115.290, 115.291, 115.292, 115.293, 115.294, 115.295, 115.297, 115.299, 115.300, 115.301, 115.303, 115.417, 115.436, 115.447, 115.477, 115.481, 115.507, 115.631, 115.637, 115.658, 116.310, and 486.350, to read as follows:
28.035. 1. The secretary of state shall be the chief state election official responsible for the administration and coordination of state responsibilities pursuant to the Help America Vote Act of 2002. The secretary is authorized to appoint members to commissions, develop and submit plans, set voting systems standards and compliance deadlines, and any other activities reasonably necessary to comply with the Help America Vote Act of 2002.
2. The office of the secretary of state shall be designated as the single office which shall be responsible for providing information regarding voter registration procedures and [absentee] advance ballot procedures to be used by absent uniformed services voters and overseas voters, as defined in section 115.279, RSMo, with respect to elections for federal office.
3. The secretary of state shall establish state-based administrative complaint procedures to remedy grievances concerning a violation of Title III of the Help America Vote Act of 2002. These procedures shall:
(1) Require complaints to be in writing and notarized, and signed and sworn by the person filing the complaint;
(2) Allow complaints to be consolidated;
(3) At the request of the complainant, require a hearing on the record which may be conducted exclusively by written testimony and information;
(4) Provide an appropriate remedy for any substantiated violation of Title III of the Help America Vote Act of 2002;
(5) Dismiss the complaint and publish the results of the procedures when there is a determination of no violation;
(6) Require a final determination with respect to the complaint before the expiration of the ninety-day period which begins on the date the complaint is filed, unless the complainant consents to a longer period for making such a determination; and
(7) If the final determination is not completed within ninety days, resolve the complaint within sixty days under alternative dispute resolution procedures.
The record and any other materials from proceedings conducted pursuant to this subsection shall be made available for use under the alternative dispute resolution procedures.
4. The secretary of state is authorized to 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, RSMo.
115.105. 1. The chair of the county committee of each political party named on the ballot shall have the right to designate a challenger for each polling place, who may be present during the hours of voting, and a challenger for each location at which [absentee] advance ballots are counted, who may be present while the ballots are being prepared for counting and counted. No later than four business days before the election, the chair of each county committee of each political party named on the ballot shall provide signed official designation forms with the names of the designated challengers and substitutes to the local election authority for confirmation of eligibility to serve as a challenger. The local election authority, after verifying the eligibility of each designated and substitute challenger, shall sign off on the official designation forms, unless the challenger is found not to have the qualifications established by subsection 5 of this section. If the election authority determines that a challenger does not meet the qualifications of subsection 5 of this section, the designating party chair may designate a replacement challenger and provide the local election authority with the name of the replacement challenger before 5:00 p.m. of the Monday preceding the election. The designating chair may substitute challengers at his or her discretion during such hours.
2. Challenges may only be made when the challenger believes the election laws of this state have been or will be violated, and each challenger shall report any such belief to the election judges, or to the election authority if not satisfied with the decision of the election judges.
3. Prior to the close of the polls, challengers may list and give out the names of those who have voted. The listing and giving out of names of those who have voted by a challenger shall not be considered giving information tending to show the state of the count.
4. In a presidential primary election, challengers may collect information about the party ballot selected by the voter and may disclose party affiliation information after the polls close. 5. All persons selected as challengers shall have the same qualifications required by section 115.085 for election judges, except that such challenger shall be a registered voter in the jurisdiction of the election authority for which the challenger is designated as a challenger.
115.159. 1. Any person who is qualified to register in Missouri shall, upon application, be entitled to register by mail. Upon request, application forms shall be furnished by the election authority or the secretary of state.
2. Notwithstanding any provision of law to the contrary, the election authority shall not deliver any voter identification card to any person who registers to vote by mail until after such person has voted, in person, after presentation of a proper form of identification, for the first time following registration at the new polling place designated by the election authority. An individual who has registered to vote by mail and who desires to vote in person, but who does not present a proper form of identification for the first time following registration, may cast a provisional ballot. Such provisional ballot shall not be counted pursuant to this chapter, and the individual shall be notified of the reason for not counting the ballot.
3. Notwithstanding any provision of law to the contrary, the election authority shall not deliver any [absentee] advance ballot to any person who registers to vote by mail until after such person has:
(1) Voted, in person, after presentation of a proper form of identification set out in section 115.427, for the first time following registration; or
(2) Provided a copy of identification set out in section 115.427 to the election authority.
This subsection shall not apply to those persons identified in section 115.283 who are exempted from obtaining a notary seal or signature on their [absentee] advance ballots. An individual who has registered to vote by mail but who does not meet the requirements of this subsection may cast a provisional ballot by mail. Such ballot shall not be counted pursuant to this chapter, and the individual shall be notified of the reason for not counting the ballot.
4. Subsections 2 and 3 of this section shall not apply in the case of a person:
(1) Who registers to vote by mail pursuant to Section 6 of the National Voter Registration Act of 1993 and submits as part of such registration either:
(a) A copy of a current and valid photo identification; or
(b) A copy of a current utility bill, bank statement, government check, paycheck, or government document that shows the name and address of the voter;
(2) Who registers to vote by mail pursuant to Section 6 of the National Voter Registration Act of 1993 and:
(a) Submits with such registration either a driver's license number, or at least the last four digits of the individual's Social Security number; and
(b) With respect to whom the secretary of state matches the information submitted pursuant to paragraph (a) of this subdivision with an existing state identification record bearing the same number, name, and date of birth as provided in such registration;
(3) Who is:
(a) Entitled to vote by [absentee] advance ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act;
(b) Provided the right to vote otherwise than in person pursuant to Section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act; or
(c) Entitled to vote otherwise than in person pursuant to any other federal law.
115.275. As used in sections 115.275 to 115.304, unless the context clearly indicates otherwise, the following terms shall mean:
(1) "[Absentee] Advance ballot", any of the ballots a person is authorized to cast away from a polling place pursuant to the provisions of sections 115.275 to 115.304;
(2) "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) "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) "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) "Overseas voter" includes:
(a) An absent uniformed services voter who, by reason of active duty or service is absent from the United States on the date of the election involved;
(b) A person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or
(c) A person who resides outside the United States and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the United States;
(6) "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 advance ballot in person at a central voting location in the jurisdiction in which the voter is registered or at other sites authorized by this section. The advance voting period shall begin the sixth Tuesday prior to an election.
2. All election authorities shall conduct advance voting at the central voting location until 5:00 p.m. on the Monday immediately prior to the election.
3. The election authorities shall designate sites other than the central voting location as additional sites in which to vote by advance ballot in person beginning the second Tuesday prior to the election and ending at 12:00 p.m. on the Saturday prior to the election as follows:
(1) In addition to conducting advance voting at the central voting location, each jurisdiction shall provide a satellite site for every sixty thousand registered voters in such jurisdiction; except that, no election authority shall provide more than seven such satellites to conduct advance voting;
(2) 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 general election;
(3) In determining the location of the satellite sites, the election authority shall consider the geographic location and demographics of registered voters in the previous general election;
(4) The location of a satellite site may be changed to a different location during the advance voting period provided the election authority posts such information at the election authority's office, on the web site of the election authority, and in such other locations as the election authority may select.
4. At the central voting location, the hours for advance voting shall be normal business hours. Beginning the second Tuesday prior to the election, the hours for advance voting at both the central voting location and the satellite sites shall be normal business hours and shall include Saturdays until 12:00 p.m.
5. Except as otherwise required by this chapter, procedures for casting an advance ballot in person shall be the same as the procedures in sections 115.407 to 115.455. The secretary of state shall design the necessary application for use in requesting an advance mail ballot.
6. Before the precinct registers are delivered to the polling places for an election, the election authority shall record in the precinct registers the names of all voters who have submitted an advance ballot. The election judge shall not allow any person who has voted an advance ballot in the election to vote at the polls on election day. If it is determined that any voter submitted an advance ballot and voted at the polls on election day:
(1) Such person, having voted more than once, is guilty of a class one election offense under subdivision (2) of section 115.631; and
(2) The election authority shall certify such fact and the name of the voter to the verification board. Such certificate shall be included with the abstracts drawn by the verification board.
115.277. 1. Except as provided in subsections 3, 4 and 5 of this section, in all elections held after January 1, 2006, any registered voter of this state may vote by [absentee] advance ballot by mail 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 overseas voter or 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] advance 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] advance ballot for presidential and vice presidential electors.
4. Any intrastate new resident, as defined in section 115.275, may vote by [absentee] advance 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] advance 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] advance 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] and the address to which the ballot is to be mailed, if mailing 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] advance 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. All applications for [absentee] advance 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] advance 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] advance 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] advance 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] advance 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] advance ballot for both the primary and subsequent general election with one application. In addition, the election authority shall provide to each absent uniformed services voter and each overseas voter who submits an [absentee] advance ballot request an [absentee] advance ballot through the next two regularly scheduled general elections for federal office.
(2) The election authority shall provide each absent uniformed services voter and each overseas voter who submits a voter registration application or an [absentee] advance 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] advance 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] advance 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] advance ballot by a new resident, as defined in section 115.275, shall be submitted in person by the applicant 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 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 is filed pursuant to subsection 6 of this section shall immediately send a duplicate of such application 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] advance ballot by an intrastate new resident, as defined in section 115.275, shall be made in person by the applicant 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 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] advance 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] advance 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.
115.281. 1. Not later than the sixth Tuesday prior to each election, or within fourteen days after candidates' names or questions are certified pursuant to section 115.125, the election authority shall cause to have printed and made available a sufficient quantity of [absentee] advance ballots, ballot envelopes and mailing envelopes. As soon as possible after the proper officer calls a special state or county election, the election authority shall cause to have printed and made available a sufficient quantity of [absentee] advance ballots, ballot envelopes and mailing envelopes.
2. All [absentee] advance ballots for an election shall be in the same form as the official ballots for the election, except that in lieu of the words "Official Ballot" at the top of the ballot, the words "Official [Absentee] Advance Ballot" shall appear.
115.283. 1. Each advance mail ballot envelope 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, 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 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] advance 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] advance ballots by mail 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] advance 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.
(1) I am a resident of the state of Missouri and (check one):
...... am a member of the U.S. armed forces in active service;
...... am an active member of the U.S. merchant marine;
...... am a civilian employee of the U.S. government working outside the United States;
...... am an active member of a religious or welfare organization assisting servicemen;
...... have been honorably discharged or terminated my service in one of the groups mentioned above within sixty days of this election;
...... am a spouse or dependent of one of the above;
...... am an overseas voter;
...... am a registered voter in .............. County and moved from that county to .................. County, Missouri, after the last day to register to vote in this election.
OR (check if applicable)
(2) ..................... I am 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 Missouri
Assisting Voter Residence (if applicable)
4. The statement for persons voting [absentee] advance 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 to
Signature of Voter 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] advance 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 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 or overseas voters 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] advance mail ballot envelope.
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] advance 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.
8. No notary shall charge or collect a fee for notarizing the signature on any [absentee] advance mail ballot envelope or [absentee] advance 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] advance mail ballot envelope or [absentee] advance voter registration is guilty of official misconduct.
115.284. 1. There is hereby established an [absentee] advance voting process to assist persons with permanent disabilities in the exercise of their voting rights.
2. The local election authority shall send an application to participate in the [absentee] advance voting process set out in this section to any registered voter residing within the election authority's jurisdiction upon request.
3. Upon receipt of a properly completed application, the election authority shall enter the voter's name on a list of voters qualified to participate as [absentee] advance voters pursuant to this section.
4. The application to participate in the [absentee] advance voting process shall be in substantially the following form:
State of .....................................
County (City) of .............................
I,..................................... (print applicant's name), declare that I am a resident and registered voter of ............................... County, Missouri, and am permanently disabled. I hereby request that my name be placed on the election authority's list of voters qualified to participate as [absentee] advance voters pursuant to section 115.284, and that I be delivered an [absentee] advance mail ballot application for each election in which I am eligible to vote.
.........................
Signature of Voter
.........................
.........................
Voter's Address
5. Not earlier than ten weeks before an election but prior to the fourth Tuesday prior to an election, the election authority shall deliver to each voter qualified to participate as [absentee] advance voters pursuant to this section an [absentee] advance ballot application if the voter is eligible to vote in that election. If the voter returns the [absentee] advance ballot request application to the election authority not later than 5:00 p.m. on the Wednesday before an election and has retained the necessary qualifications to vote, the election authority shall provide the voter with an [absentee] advance ballot pursuant to this chapter.
6. The election authority shall remove from the list of voters qualified to participate as [absentee] advance voters pursuant to this section any voter who:
(1) Asks to be removed from the list;
(2) Dies;
(3) Becomes disqualified from voting pursuant to this chapter; or
(4) No longer resides at the address of his or her voter registration.
115.287. 1. Upon receipt of a signed application for an [absentee] advance ballot and if satisfied the applicant is entitled to vote by [absentee] advance ballot, the election authority shall, within three working days after receiving the application, or if [absentee] advance ballots are not available at the time the application is received, within five working days after they become available, deliver to the voter an [absentee] advance ballot, ballot envelope and such instructions as are necessary for the applicant to vote. Delivery shall be made to the voter personally in the office of the election authority or by bipartisan teams appointed by the election authority, or by first class, registered, or certified mail at the discretion of the election authority. If delivery is made by bipartisan teams or by mail, delivery of advance ballot shall also include a ballot envelope and such instructions as are necessary for the applicant to vote. Where the election authority is a county clerk, the members of bipartisan teams representing the political party other than that of county clerk shall be selected from a list of persons submitted to the county clerk by the county chairman of that party. If no list is provided by the time that [absentee] advance ballots are to be made available, the county clerk may select a person or persons from lists provided in accordance with section 115.087. If the election authority is not satisfied that any applicant is entitled to vote by [absentee] advance ballot, it shall not deliver an [absentee] advance ballot to the applicant. Within three working days of receiving such an application, the election authority shall notify the applicant and state the reason he or she is not entitled to vote by [absentee] advance ballot. The applicant may appeal the decision of the election authority to the circuit court in the manner provided in section 115.223.
2. If, after 5:00 p.m. on the Wednesday before an election, any voter from the jurisdiction has become hospitalized, becomes confined due to illness or injury, or is confined in an adult boarding facility, intermediate care facility, residential care facility, or skilled nursing facility, as defined in section 198.006, RSMo, in the county in which the jurisdiction is located or in the jurisdiction or an adjacent election authority within the same county, the election authority shall appoint a team to deliver, witness the signing of and return the voter's application and deliver, witness the voting of and return the voter's [absentee] advance ballot. In counties with a charter form of government and in cities not within a county, and in each city which has over three hundred thousand inhabitants, and is situated in more than one county, if the election authority receives ten or more applications for [absentee] advance ballots from the same address it may appoint a team to deliver and witness the voting and return of [absentee] advance ballots by voters residing at that address, except when such addresses are for an apartment building or other structure wherein individual living units are located, each of which has its own separate cooking facilities. Each team appointed pursuant to this subsection shall consist of two registered voters, one from each major political party. Both members of any team appointed pursuant to this subsection shall be present during the delivery, signing or voting and return of any application or [absentee] advance ballot signed or voted pursuant to this subsection.
3. On the mailing and ballot envelopes for each applicant in federal service, the election authority shall stamp prominently in black the words "FEDERAL BALLOT, STATE OF MISSOURI" and "U.S. Postage Paid, 39 U.S.C. 3406".
4. No information which encourages a vote for or against a candidate or issue shall be provided to any voter with an [absentee] advance ballot.
115.289. 1. [Except as provided in subsection 3 of this section,] This section shall be known and may be cited as the "Voter Privacy Protection Provision".
2. As applications for [absentee] advance 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, RSMo, 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, RSMo, or any person with written authorization from a candidate, or any person that has applied for an absentee ballot] and such list shall be confidential.
115.290. Any person registered by mail under the provisions of section 115.159 and voting by [absentee] advance ballot shall provide an affidavit subscribed and sworn to as provided in section 115.291 regardless of the cause for requesting such ballot unless the voter is exempt from such requirement under section 115.284 or section 1973ee-3, title 42, United States Code.
115.291. 1. Upon receiving an [absentee] advance mail ballot, 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] advance mail 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] exempt from such requirement under section 115.283. 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] advance ballot was voted with unlawful assistance, the ballot shall be rejected.
2. Each [absentee] advance ballot shall be returned to the election authority in the ballot envelope if required 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] advance 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] advance 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.
115.292. 1. Notwithstanding any other provision of this chapter, a qualified [absentee] advance voter, as described in subsection 3 of this section, may apply for a special write-in [absentee] advance ballot within eighty days of a special, primary, or general election for federal office. Such a ballot shall be for voting for all offices being contested at such election.
2. A qualified [absentee] advance voter applying for a special write-in [absentee] advance ballot pursuant to this section shall apply to the local election authority of the area which contains [his] the voter's last residence in this state for such ballot. The application for a special write-in [absentee] advance ballot may be made on the federal postcard application form, by letter, or on a form provided by the local election authority.
3. In order to qualify for a special write-in [absentee] advance ballot, the voter shall state that he is unable to vote by any other means due to requirements of military service or due to living in isolated or extremely remote areas of the world. This statement may be made by federal postcard application, by letter, or on a form prepared by the local election authority.
4. Upon receipt of the application, the election authority shall issue a special write-in [absentee] advance ballot. Such ballot shall permit the voter to cast a ballot by writing in a party preference for each office, the names of specific candidates, or the names of persons whom the voter prefers.
5. The election authority shall issue a regular [absentee] advance ballot as soon as such ballots are available. If both the regular [absentee] advance ballot and the special write-in [absentee] advance ballot are returned, the regular [absentee] advance ballot shall be counted and the special write-in [absentee] advance ballot shall be voided.
115.293. 1. All proper votes on each [absentee] advance ballot received by an election authority at or before the time fixed by law for the closing of the polls on election day shall be counted. No votes on any [absentee] advance ballot received by an election authority after the time fixed by law for the closing of the polls on election day shall be counted.
2. If sufficient evidence is shown to an election authority that any [absentee] advance voter has died prior to the opening of the polls on election day, the ballot of the deceased voter shall be rejected. Any ballot so rejected, still sealed in its ballot envelope, shall be sealed with the application and any other papers connected therewith in an envelope marked "Rejected ballot of .............................., an [absentee] advance voter of ........................ voting district". The reason for rejection shall be noted on the envelope, which shall be kept by the election authority with the other ballots from the election until the ballots are destroyed according to law.
115.294. Other provisions of law to the contrary notwithstanding, no [absentee] advance ballot shall be rejected for failure of the voter to state on the ballot envelope his reason for voting an [absentee] advance ballot.
115.295. 1. As each [absentee] advance ballot is received by the election authority, the election authority shall indicate its receipt on the list.
2. If the statements on any ballot envelope have not been completed, the [absentee] advance ballot in the envelope shall be rejected.
3. All [ballot envelopes] advance ballots received by the election authority shall be kept together in a [safe] secure place [and]. Advance mail ballot envelopes shall not be opened except as provided in this subchapter.
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] advance ballot and are ineligible to vote at the polls. On election day, the election authority shall notify the appropriate election judges of any [absentee] advance 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] advance 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] advance ballots were received too late to permit previous recording in the precinct registers. If it is determined that any voter submitted an [absentee] advance 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.
115.299. 1. To count [absentee] advance votes on election day, the election authority shall appoint a sufficient number of teams of election judges. Each team shall consist of four judges, two from each major political party.
2. The teams so appointed shall meet on election day after the time fixed by law for the opening of the polls at a central location designated by the election authority. The election authority shall deliver the [absentee] advance ballots to the teams, and shall maintain a record of the 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, tally sheets and statements of returns as are provided to a polling place.
3. Each team shall count votes on all [absentee] advance ballots designated by the election authority.
4. One member of each team, closely observed by another member of the team from a different political party, shall open each envelope and call the voter's name in a clear voice. Without unfolding the ballot, two team members, one from each major political party, shall initial the ballot, and an election judge shall place the ballot, still folded, in a ballot box. No ballot box shall be opened until all of the ballots a team is counting have been placed in the box. The votes shall be tallied and the returns made as provided in sections 115.447 to 115.525 for paper ballots. After the votes on all ballots assigned to a team have been counted, the ballots and ballot envelopes shall be placed on a string and enclosed in sealed containers marked "voted [absentee] advance ballots and ballot envelopes from the election held ...................., 20....". All rejected [absentee] advance ballots and envelopes shall be enclosed and sealed in a separate container marked "rejected [absentee] advance ballots and envelopes from the election held ...................., 20....". On the outside of each voted ballot and rejected ballot container, each member of the team shall write his 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 [absentee] advance vote along with the votes certified from each polling place in its jurisdiction.
115.300. In each jurisdiction, the election authority may start, not earlier than the fifth day prior to the election, the preparation of [absentee] advance mail 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] advance mail ballot envelopes. [Absentee] Advance mail 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. [Absentee] Advance ballots shall not be counted by the same persons as those who removed such ballots from their envelopes.
115.301. If ballot cards are used as [absentee] advance ballots, the teams shall meet on election day at a time and place designated by the election authority and shall proceed to separate the ballot cards from the write-in forms and to count the write-in votes as provided in section 115.467. The returns shall be made as provided in sections 115.471 and 115.473, and the ballot cards and other designated election materials shall be delivered to the counting location and tabulated in the manner provided in section 115.475, but no ballot card shall be tabulated before the time fixed by law for the closing of the polls.
115.303. Any [absentee] advance ballot or any vote on an [absentee] advance ballot may be challenged by the same persons and in the same manner as provided in section 115.429. Each challenge shall be decided in the manner provided in the same section.
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] advance 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, RSMo.
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.
115.436. 1. In jurisdictions using paper ballots and electronic voting systems, when any physically disabled voter within two hundred feet of a polling place is unable to enter the polling place, two election judges, one of each major political party, shall, when time permits, take a ballot, equipment and materials necessary for voting to the voter. The voter shall mark the ballot, and the election judges shall place the ballot in an envelope, seal it and place it in the ballot box.
2. In jurisdictions using voting machines, when any physically disabled voter within two hundred feet of a polling place is unable to enter the polling place, two election judges, one of each major political party, shall, when time permits, take an [absentee] advance ballot to the voter. The voter shall mark the ballot, and the election judges shall place the ballot in an envelope, seal it and place it in the ballot box.
3. Upon request to the election authority, the election authority in any jurisdiction shall designate a polling place accessible to any physically disabled voter other than the polling place to which that voter would normally be assigned to vote, provided that the candidates and issues voted on are consistent for both the designated location and the voting location for the voter's precinct. Upon request, the election authority may also assign members of the physically disabled voter's household and such voter's caregiver to the same voting location as the physically disabled voter. In no event shall a voter be assigned under this section to a designated location apart from the established voting location for the voter's precinct if the voter objects to the assignment to another location.
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 [absentee] advance ballot not accompanied by a completed and signed affidavit, 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 4 of section 115.439.
115.477. 1. In each jurisdiction using an electronic voting system, all proceedings at the counting location shall be under the direction of the election authority. The election authority shall appoint two judges, one from each major political party, to be present and observe the count. The counting shall be open to the public, but no persons, except those employed and authorized for the purpose, shall touch any ballot, ballot container or return.
2. All ballot cards shall be counted in order by polling place. The automatic tabulating equipment shall produce a return showing the total number of votes cast for each candidate and on each question at each polling place and in the jurisdiction as a whole.
3. If any ballot is damaged and cannot be properly counted by the automatic tabulating equipment, it may be handcounted in the manner provided for [absentee] advance ballots, or a true duplicate copy may be made of the defective ballot. If any ballot contains a number of votes and write-in votes for any office which exceeds the number allowed by law, it may be handcounted in the manner provided for [absentee] advance ballots, a true duplicate copy be made which does not include the invalid votes or, at the discretion of the election judges, a self-adhesive removable label, sensitized, may be placed over any mark to allow the ballot to be processed through the automatic tabulating equipment. The duplication of each ballot shall be closely observed by two election judges or employees of the election authority, one from each major political party. Each duplicate ballot shall be clearly labeled "duplicate", shall bear a serial number which shall be recorded on the defective ballot, and shall be counted in lieu of the defective ballot.
115.481. The final and correct return printed by the automatic tabulating equipment added to the write-in, [absentee] advance 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 and [absentee] advance votes cast in the election, and how those votes were cast; provided however, that [absentee] advance votes shall not be reported separately where such reporting would disclose how any single voter cast his or her vote. When [absentee] advance 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] advance 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].
115.631. The following offenses, and any others specifically so described by law, shall be class one election offenses and are deemed felonies connected with the exercise of the right of suffrage. Conviction for any of these offenses shall be punished by imprisonment of not more than five years or by fine of not less than two thousand five hundred dollars but not more than ten thousand dollars or by both such imprisonment and fine:
(1) Willfully and falsely making any certificate, affidavit, or statement required to be made pursuant to any provision of sections 115.001 to 115.641 and sections 51.450 and 51.460, RSMo, including but not limited to statements specifically required to be made "under penalty of perjury"; or in any other manner knowingly furnishing false information to an election authority or election official engaged in any lawful duty or action in such a way as to hinder or mislead the authority or official in the performance of official duties;
(2) Voting more than once or voting at any election knowing that the person is not entitled to vote or that the person has already voted on the same day at another location inside or outside the state of Missouri;
(3) Procuring any person to vote knowing the person is not lawfully entitled to vote or knowingly procuring an illegal vote to be cast at any election;
(4) Applying for a ballot in the name of any other person, whether the name be that of a person living or dead or of a fictitious person, or applying for a ballot in his own or any other name after having once voted at the election inside or outside the state of Missouri;
(5) Aiding, abetting or advising another person to vote knowing the person is not legally entitled to vote or knowingly aiding, abetting or advising another person to cast an illegal vote;
(6) An election judge knowingly causing or permitting any ballot to be in the ballot box at the opening of the polls and before the voting commences;
(7) Knowingly furnishing any voter with a false or fraudulent or bogus ballot, or knowingly practicing any fraud upon a voter to induce him to cast a vote which will be rejected, or otherwise defrauding him of his vote;
(8) An election judge knowingly placing or attempting to place or permitting any ballot, or paper having the semblance of a ballot, to be placed in a ballot box at any election unless the ballot is offered by a qualified voter as provided by law;
(9) Knowingly placing or attempting to place or causing to be placed any false or fraudulent or bogus ballot in a ballot box at any election;
(10) Knowingly removing any legal ballot from a ballot box for the purpose of changing the true and lawful count of any election or in any other manner knowingly changing the true and lawful count of any election;
(11) Knowingly altering, defacing, damaging, destroying or concealing any ballot after it has been voted for the purpose of changing the lawful count of any election;
(12) Knowingly altering, defacing, damaging, destroying or concealing any poll list, report, affidavit, return or certificate for the purpose of changing the lawful count of any election;
(13) On the part of any person authorized to receive, tally or count a poll list, tally sheet or election return, receiving, tallying or counting a poll list, tally sheet or election return the person knows is fraudulent, forged or counterfeit, or knowingly making an incorrect account of any election;
(14) On the part of any person whose duty it is to grant certificates of election, or in any manner declare the result of an election, granting a certificate to a person the person knows is not entitled to receive the certificate, or declaring any election result the person knows is based upon fraudulent, fictitious or illegal votes or returns;
(15) Willfully destroying or damaging any official ballots, whether marked or unmarked, after the ballots have been prepared for use at an election and during the time they are required by law to be preserved in the custody of the election judges or the election authority;
(16) Willfully tampering with, disarranging, altering the information on, defacing, impairing or destroying any voting machine or marking device after the machine or marking device has been prepared for use at an election and during the time it is required by law to remain locked and sealed with intent to impair the functioning of the machine or marking device at an election, mislead any voter at the election, or to destroy or change the count or record of votes on such machine;
(17) Registering to vote knowing the person is not legally entitled to register or registering in the name of another person, whether the name be that of a person living or dead or of a fictitious person;
(18) Procuring any other person to register knowing the person is not legally entitled to register, or aiding, abetting or advising another person to register knowing the person is not legally entitled to register;
(19) Knowingly preparing, altering or substituting any computer program or other counting equipment to give an untrue or unlawful result of an election;
(20) On the part of any person assisting a blind or disabled person to vote, knowingly failing to cast such person's vote as such person directs;
(21) On the part of any registration or election official, permitting any person to register to vote or to vote when such official knows the person is not legally entitled to register or not legally entitled to vote;
(22) On the part of a notary public acting in his official capacity, knowingly violating any of the provisions of sections 115.001 to 115.627 or any provision of law pertaining to elections;
(23) Violation of any of the provisions of sections 115.275 to 115.303, or of any provision of law pertaining to [absentee] advance voting;
(24) Assisting a person to vote knowing such person is not legally entitled to such assistance, or while assisting a person to vote who is legally entitled to such assistance, in any manner coercing, requesting or suggesting that the voter vote for or against, or refrain from voting on any question, ticket or candidate.
115.637. The following offenses, and any others specifically so described by law, shall be class four election offenses and are deemed misdemeanors not connected with the exercise of the right of suffrage. Conviction for any of these offenses shall be punished by imprisonment of not more than one year or by a fine of not more than two thousand five hundred dollars or by both such imprisonment and fine:
(1) Stealing or willfully concealing, defacing, mutilating, or destroying any sample ballots that may be furnished by an organization or individual at or near any voting place on election day, except that this subdivision shall not be construed so as to interfere with the right of an individual voter to erase or cause to be erased on a sample ballot the name of any candidate and substituting the name of the person for whom he intends to vote; or to dispose of the received sample ballot;
(2) Printing, circulating, or causing to be printed or circulated, any false and fraudulent sample ballots which appear on their face to be designed as a fraud upon voters;
(3) Purposefully giving a printed or written sample ballot to any qualified voter which is intended to mislead the voter;
(4) On the part of any candidate for election to any office of honor, trust, or profit, offering or promising to discharge the duties of such office for a less sum than the salary, fees, or emoluments as fixed by law or promising to pay back or donate to any public or private interest any portion of such salary, fees, or emolument as an inducement to voters;
(5) On the part of any canvasser appointed to canvass any registration list, willfully failing to appear, refusing to continue, or abandoning such canvass or willfully neglecting to perform his duties in making such canvass or willfully neglecting any duties lawfully assigned to him;
(6) On the part of any employer, making, enforcing, or attempting to enforce any order, rule, or regulation or adopting any other device or method to prevent an employee from engaging in political activities, accepting candidacy for nomination to, election to, or the holding of, political office, holding a position as a member of a political committee, soliciting or receiving funds for political purpose, acting as chairman or participating in a political convention, assuming the conduct of any political campaign, signing, or subscribing his name to any initiative, referendum, or recall petition, or any other petition circulated pursuant to law;
(7) On the part of any person authorized or employed to print official ballots, or any person employed in printing ballots, giving, delivering, or knowingly permitting to be taken any ballot to or by any person other than the official under whose direction the ballots are being printed, any ballot in any form other than that prescribed by law, or with unauthorized names, with names misspelled, or with the names of candidates arranged in any way other than that authorized by law;
(8) On the part of any election authority or official charged by law with the duty of distributing the printed ballots, or any person acting on his behalf, knowingly distributing or causing to be distributed any ballot in any manner other than that prescribed by law;
(9) Any person having in his possession any official ballot, except in the performance of his duty as an election authority or official, or in the act of exercising his individual voting privilege;
(10) Willfully mutilating, defacing, or altering any ballot before it is delivered to a voter;
(11) On the part of any election judge, willfully absenting himself from the polls on election day without good cause or willfully detaining any election material or equipment and not causing it to be produced at the voting place at the opening of the polls or within fifteen minutes thereafter;
(12) On the part of any election authority or official, willfully neglecting, refusing, or omitting to perform any duty required of him by law with respect to holding and conducting an election, receiving and counting out the ballots, or making proper returns;
(13) On the part of any election judge, or party watcher or challenger, furnishing any information tending in any way to show the state of the count to any other person prior to the closing of the polls;
(14) On the part of any voter, except as otherwise provided by law, allowing his ballot to be seen by any person with the intent of letting it be known how he is about to vote or has voted, or knowingly making a false statement as to his inability to mark his ballot;
(15) On the part of any election judge, disclosing to any person the name of any candidate for whom a voter has voted;
(16) Interfering, or attempting to interfere, with any voter inside a polling place;
(17) On the part of any person at any registration site, polling place, counting location or verification location, causing any breach of the peace or engaging in disorderly conduct, violence, or threats of violence whereby such registration, election, count or verification is impeded or interfered with;
(18) Exit polling, surveying, sampling, electioneering, distributing election literature, posting signs or placing vehicles bearing signs with respect to any candidate or question to be voted on at an election on election day inside the building in which a polling place is located or within twenty-five feet of the building's outer door closest to the polling place, or, on the part of any person, refusing to remove or permit removal from property owned or controlled by him, any such election sign or literature located within such distance on such day after request for removal by any person;
(19) Stealing or willfully defacing, mutilating, or destroying any campaign yard sign on private property, except that this subdivision shall not be construed to interfere with the right of any private property owner to take any action with regard to campaign yard signs on the owner's property and this subdivision shall not be construed to interfere with the right of any candidate, or the candidate's designee, to remove the candidate's campaign yard sign from the owner's private property after the election day;
(20) Knowingly disclosing confidential information in violation of section 115.289.
115.658. 1. Any registered voter of this state may vote by [absentee] advance ballot in an election conducted pursuant to sections 115.650 to 115.660 in accordance with the provisions of this chapter concerning [absentee] advance voting.
2. Any registered voter of the subdivision wherein a mail-in election pursuant to sections 115.650 to 115.660 is conducted may contest the results of such an election in the same manner as provided in this chapter.
116.310. 1. Not later than the Tuesday prior to an election on a statewide ballot measure, each county campaign committee chairman who had the right to designate challengers under section 116.300 shall designate such challengers, who may be present at each polling place during the hours of voting. Each such chairman shall also by the same time designate a challenger for each location at which [absentee] advance ballots are counted. The challengers so designated may be present while the ballots are being prepared for counting and being counted.
2. Not later than the Tuesday prior to an election on a statewide ballot measure, each campaign committee chairman who has the right to designate watchers under section 116.300 shall designate a watcher for each place votes are counted.
3. After challengers and watchers have been designated, the provisions contained in sections 115.105, 115.107, 115.109, and 115.111, RSMo, shall apply to them.
4. Failure to designate challengers and watchers by the prescribed times shall cause the county campaign committee to forfeit its right to name such persons for those omitted locations for that election.
486.350. 1. The maximum fee in this state for notarization of each signature and the proper recording thereof in the journal of notarial acts is two dollars for each signature notarized. 2. The maximum fee in this state for certification of a facsimile of a document, and the proper recordation thereof in the journal of notarial acts is two dollars for each 8 ½ x 11 inch page retained in the notary's file.
3. The maximum fee in this state is one dollar for any other notarial act performed.
4. No notary shall charge or collect a fee for notarizing the signature on any [absentee] advance mail ballot or [absentee] advance voter registration.
5. 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] advance mail ballot or [absentee] advance voter registration is guilty of official misconduct.
6. A notary public may charge a travel fee, not to exceed the approved federal mileage rate and may charge an expedited convenience service fee not to exceed twenty-five dollars, when traveling to perform a notarial act, provided that:
(1) The notary explains to the person requesting the notarial act that the travel fee is separate from the notarial fee and is not specified or mandated by law; and
(2) The notary and the person requesting the notarial act agree upon his or her fees in advance of the notary affixing his or her official seal.
[115.126. 1. Notwithstanding any provision of this chapter to the contrary, election authorities shall establish a plan to implement an advance voting period when eligible registered voters may vote before any general election in presidential election years at the office of the election authority and up to four other polling places designated by and under the control of the election authority. Such plan shall provide that the permissible advance voting period shall begin fourteen days prior to such election and end at 5:00 p.m. on the Wednesday before the day of such election.
2. Election authorities shall, pursuant to subsection 1 of this section, establish in their plans the hours and locations for advance voting. The election authority shall have all advance voting locations open on all business days during the advance voting period, and may have all advance voting locations open on Saturdays, Sundays and holidays during the advance voting period.
3. Except as provided in this section, advance voting procedures shall be conducted pursuant to sections 115.407 to 115.445. The secretary of state shall design the necessary application for use in an advance voting program pursuant to this section. All election authorities in this state shall submit to the secretary of state a plan to implement the advance voting period by December 31, 2002. The secretary of state shall assist election authorities in developing a plan for the implementation of an advance voting program.
4. The plans established pursuant to this section shall also require that before the precinct registers are delivered to the polling places for an election, the election authority shall record in the precinct registers the names of all voters who have submitted an advance voting ballot. The election judge shall not allow any person who has voted an advance voting ballot in the election to vote at the polls on election day. If it is determined that any voter submitted an advance voting ballot and voted at the polls on election day, such person, having voted more than once, is guilty of a class one election offense pursuant to subdivision (2) of section 115.631.
5. The secretary of state may promulgate rules to effectuate the provisions of this section.
6. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, 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, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, 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.]
Section B. Section A of this act shall become effective January 1, 2006.