HCS SS#2 SCS SB 1014 & 730 -- ELECTION ADMINISTRATION

SPONSOR:  Scott (Stevenson)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Elections
by a vote of 6 to 5.

This substitute establishes the Missouri Voter Protection Act
which changes the laws regarding elections.

For any election after November 1, 2008, voters must establish
their identity prior to voting by providing a nonexpired Missouri
driver's license, a Missouri nondriver's license, certain
specified documents, or photographic identification issued by the
Missouri National Guard, the United States armed forces, or the
United States Veterans' Administration.  This requirement is
waived for the physically disabled; those with religious beliefs
prohibiting possession of photographic identification; and all
persons born on or before January 1, 1941, who may vote by
provisional ballot after having their signature verified.
Persons who do not have the required identification may vote a
provisional ballot, but it will only be counted if they later
return to the polling place and provide the required
identification during election hours.

Nondriver's licenses will be provided free of charge to any
eligible voter who lacks other means of identification.  The
Director of the Department of Revenue will provide a report to
the General Assembly regarding the number of nondriver's licenses
issued for voting purposes and any reason for the denial of a
license request.

For elections held on or before November 1, 2008, all eligible
voters may vote a provisional ballot if they fail to meet the
requirements for documentation or photographic identification
that are required to cast a regular ballot if they sign an
affidavit and are identified by two election judges or provide
any state-issued identification, voter identification cards,
identification issued by the United States, educational
institution identification, non-Missouri driver's license, or
other specified types of bills and documents.  The provisional
ballots will be confirmed by signature matching.

Absentee ballots will not be mailed to voters who register by
mail until they have voted in person or provided the newly
required documentation or photographic identification required.

Election authorities are required to create a list of legally
registered voters using the process specified in Section 115.158,
RSMo.  Precinct binders based on identification by election
judges will no longer be sufficient for voter identification
lists.  Voter notification cards with all of the new requirements
will be mailed to registered voters.  Election judges will not
have jurisdiction to extend voting past the deadline established
by law.

The criteria for holding elections after a natural or man-made
disaster are specified, and the courts will be given authority to
reschedule and oversee these elections.

The process and requirements for individuals registering more
than 10 persons with the Secretary of State as voter registration
solicitors are specified.  Solicitors cannot be paid by the
quantity of voters registered or the number of applications
submitted, but the substitute does not prohibit an hourly
compensation.

Detailed criteria for counting different types of ballots are
implemented to help resolve disputes over how election
authorities should judge ballots.  The ability to vote a straight
party ticket is abolished.  Each individual candidate must be
voted for by the requisite type of action depending on the type
of ballot being used.  The distance limit from a polling place
for the purpose of electioneering is increased from 25 feet to 50
feet.

Two new class one election offenses are created.  They are:

(1)  Acts of violence, destruction of property worth $500 or
more, or threats of violence with the intent of interfering with
the right to vote; and

(2)  Knowingly providing false information about election
procedures for the purpose of preventing voting.

Election authorities are required to provide polling places with
at least one and one-third times the number of ballots that were
cast at the polling place during an election held two years prior
to the current election.  For general elections, the authority
must provide at least one and one-third times the number of
ballots cast at the polling place during an election held four
years prior to the current election.  Currently, election
authorities must provide polling places with 55 ballots for each
50 and a fraction of 50 registered voters.

Minor children will be allowed to accompany their parents,
grandparents, or guardians to the voting booth.  The ability to
vote an advance ballot is abolished by repeal of Section 115.126,
RSMo; and voters will no longer be able to challenge the removal
of their names from registration lists in circuit court because
the substitute repeals Section 115.223, RSMo.

The substitute also allows anyone who believes a violation of the
federal Help America Vote Act has occurred to file a complaint
with the Office of the Secretary of State and specifies the
procedures for the investigation and remedy of any violations.

The substitute contains an emergency clause.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Less than
$4,099,120 in FY 2007, Less than $2,278,634 in FY 2008, and Less
than $980,119 in FY 2009.  No impact on Other State Funds in FY
2007, FY 2008, and FY 2009.

PROPONENTS:  Supporters say that the bill is necessary to prevent
voter fraud.  The idea of requiring photographic identification
has widespread public support.  Other states have adopted similar
measures which have worked well.

Testifying for the bill were Senator Scott; American Center for
Voting Rights; and Ed Martin.

OPPONENTS:  Those who oppose the bill say that it will
disenfranchise thousands of Missouri voters and have a negative
impact on the poor and elderly.  The right to vote is
fundamental, and requiring photographic identification is
economically analogous to a poll tax because it requires the
expenditure of funds for identification prior to voting.  Some
believe that it is unconstitutional because of its disparate
impact on the African American community and will result in long
delays in election results.

Testifying against the bill were Representative Sanders; David
Bonner for Representative Johnson (61); Secretary of State; B.T.
Rice, New Harrison Christian Church; Michelle Krajeski, Center
for Independent Living, Kansas City; Missouri National
Association for the Advancement of Colored People; Associated
Students of the University of Missouri; and Thersea Rolfe.

OTHERS:  Others testifying on the bill say that the election
system is very complex and that there is considerable difficulty
in recruiting election judges and poll workers.  The provisional
ballot requirements may not conform to the federal Help America
Vote Act.  The change in voter notification requirements may
constitute an unfunded mandate.

Others testifying on the bill were the Missouri Association of
County Clerks; and several individual county clerks.

Jason Glahn, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:47 am