FIRST REGULAR SESSION

HOUSE BILL NO. 1000

95TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES GUEST (Sponsor), DEEKEN, WELLS, OXFORD, CHAPPELLE-NADAL, WALTON GRAY, McGHEE, NANCE, SCHAAF, KINGERY, WRIGHT, SCHLOTTACH, WOOD, FISHER (125), SANDER, STEVENSON, POLLOCK, SCHARNHORST, WALLACE, JONES (117), WILSON (119), WILSON (130), LOEHNER, ATKINS AND LOW (Co-sponsors).

1251L.02I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To repeal section 115.249, RSMo, and to enact in lieu thereof one new section relating to voting machine standards.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Section 115.249, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 115.249, to read as follows:

            115.249. 1. No voting machine shall be used unless it:

            (1) Permits voting in absolute secrecy;

            (2) Permits each voter to vote for as many candidates for each office as he is lawfully entitled to vote for, and no other;

            (3) Permits each voter to vote for or against as many questions as he is lawfully entitled to vote on, and no more;

            (4) Provides facilities for each voter to cast as many write-in votes for each office as he is lawfully entitled to cast;

            (5) Permits each voter in a primary election to vote for the candidates of only one party announced by the voter in advance;

            (6) Permits each voter at a presidential election to vote by use of a single lever for the candidates of one party or group of petitioners for president, vice president and their presidential electors;

            (7) Correctly registers or records and accurately counts all votes cast for each candidate and for and against each question;

            (8) Is provided with a lock or locks which prevent any movement of the voting or registering mechanism and any tampering with the mechanism;

            (9) Is provided with a protective counter or other device whereby any operation of the machine before or after an election will be detected;

            (10) Is provided with a counter which shows at all times during the election how many people have voted on the machine;

            (11) Is provided with a proper light which enables each voter, while voting, to clearly see the ballot labels;

            (12) Is provided with a mechanical model, illustrating the manner of voting on the machine, suitable for the instruction of voters.

            2. For each voting machine that operates using software, there shall be a software-independent record of each voter's choices for election officials to use to verify the results produced by the software. As used in this subsection, "software-independent record" means a hand-marked paper ballot, except in cases in which a disabled voter needs mechanical assistance to record a vote. In cases in which a disabled voter needs mechanical assistance to record a vote, a machine-marked paper ballot that is verifiable by the voter shall serve as the software-independent record.

            3. If any election authority uses any voting machines other than paper ballot marking devices to accommodate disabled voters, but such voting machines comply with the Help America Vote Act of 2002, as amended, the election authority may continue to use such machines solely for disabled voters who desire to use them. Upon the removal of such voting machines from the election authority's inventory because of mechanical malfunction, wear and tear, or any other reason, the election authority shall replace such machines with paper ballot marking devices that comply with the Help America Vote Act of 2002, as amended.

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