SB 986

5099S.06C
  SENATE COMMITTEE SUBSTITUTE
  FOR
  SENATE BILL NO. 986
  AN ACT
  To   repeal     sections    115.013,     115.135,    115.151,
  115.155, 115.157, 115.158, 115.159, 115.195, 115.221,
  115.277, 115.430, 115.493, and 115.642, RSMo, and to
  enact in lieu thereof fourteen new sections relating
  to elections, with penalty provisions, a severability
  clause and a contingent effective date.
Be it enacted by the General Assembly of the State of Missouri, as follows:
  Section A.     Sections 115.013, 115.135, 115.151, 115.155,
   115.157, 115.158, 115.159, 115.195, 115.221, 115.277, 115.430,
   115.493, and 115.642, RSMo, are repealed and fourteen new
   sections enacted in lieu thereof, to be known as sections
   115.013, 115.135, 115.151, 115.155, 115.157, 115.158, 115.159,
   115.195,     115.221,    115.277,     115.410,    115.430,    115.493,     and
   115.642, to read as follows:
  115.013.     As used in this chapter, unless the context
   clearly implies otherwise, the following terms mean:
  (1) "Air-gap" or "air-gapped", a security measure in
   which equipment is physically and technically isolated from
   any network and is not directly connected to the internet
   nor is it connected to any other system that is connected to
   the internet.       Data can only be passed to an air-gapped
   device physically via a USB or other removable media;
  (2) "Automatic tabulating equipment", the apparatus
   necessary to examine and automatically count votes, and the
   data processing machines which are used for counting votes
   and tabulating results and which are air-gapped and not
   physically able to be connected to a network;
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    (3) "Ballot", the   paper ballot, or ballot designed
for use with an electronic voting system on which each voter
may cast all votes to which he or she is entitled at an
election;
    (4) "Ballot label", the card, paper, booklet, page, or
other material containing the names of all offices and
candidates and statements of all questions to be voted on;
    (5) "Counting location", a location selected by the
election authority for the automatic processing or counting,
or both, of ballots;
    (6) "County", any county in this state or any city not
within a county;
    (7) "Documentary proof of citizenship", any of the
following:
    (a) The number of the applicant's current or expired
driver's license or identification card issued by the
department of revenue if the agency indicates on the
driver's license or identification card, or within the
department's database record for such individual, that the
person has provided satisfactory proof of United States
citizenship;
    (b) A legible photocopy of the applicant's birth
certificate issued by a United States state or territory, or
the District of Columbia that verifies citizenship, provided
that if a person has changed his or her name since birth,
that person shall provide legal documentation of the name
change in accordance with state law;
    (c) A legible photocopy of pertinent pages of the
applicant's United States passport identifying the applicant
and the applicant's passport number or presentation to the
election authority of the applicant's United States passport;
    (d) The applicant's United States naturalization
documents or the number of the certificate of
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naturalization. If only the number of the certificate of
naturalization is provided, the applicant shall not be
classified as a verified voter until the number of the
certificate of naturalization is verified with the United
States Bureau of Citizenship and Immigration services by the
election authority, pursuant to 8 U.S.C. Section 1373(c);
    (e) For citizens born abroad, a certificate of report
of birth or consular report of birth abroad issued by the
United States Department of State;
    (f) Other documents or methods of proof that are
established pursuant to the federal Immigration Reform and
Control Act of 1986 or the federal Immigration and
Nationality Act; or
    (g) The applicant's bureau of Indian affairs card
number, tribal treaty card number, or tribal enrollment
number.
    (8) "Disqualified", a determination made by a court of
competent jurisdiction, the Missouri ethics commission, an
election authority or any other body authorized by law to
make such a determination that a candidate is ineligible to
hold office or not entitled to be voted on for office;
    [(8)] (9)    "District", an area within the state or
within a political subdivision of the state from which a
person is elected to represent the area on a policy-making
body with representatives of other areas in the state or
political subdivision;
    [(9)] (10)    "Electronic voting machine", any part of an
air-gapped electronic voting system on which a voter is able
to cast a ballot under this chapter;
    [(10)] (11)   "Electronic voting system", a system of
casting votes by use of marking devices, and counting votes
by use of automatic air-gapped tabulating or air-gapped data
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processing equipment, including computerized voting systems
that mark or tabulate ballots;
    [(11)] (12)   "Established political party" for the
state, a political party which, at either of the last two
general elections, polled for its candidate for any
statewide office more than two percent of the entire vote
cast for the office.   "Established political party" for any
district or political subdivision shall mean a political
party which polled more than two percent of the entire vote
cast at either of the last two elections in which the
district or political subdivision voted as a unit for the
election of officers or representatives to serve its area;
    [(12)] (13)   "Federal office", the office of
presidential elector, United States senator, or
representative in Congress;
    (14) "Federal-only voter", a voter registered using
the national mail voter registration form in this state,
whose United States citizenship status has not been verified
by the election authority, and who is only eligible to vote
in elections for federal offices.    A federal-only voter
shall not include any verified voter;
    [(13)] (15)   "Independent", a candidate who is not a
candidate of any political party and who is running for an
office for which political party candidates may run;
    [(14)] (16)   "Major political party", the political
party whose candidates received the highest or second
highest number of votes at the last general election;
    [(15)] (17)   "Marking device", any device approved by
the secretary of state under section 115.225 which will
enable the votes to be counted by automatic tabulating
equipment;
    [(16)] (18)   "Municipal" or "municipality", a city,
village, or incorporated town of this state;
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    (19) "National mail voter registration form", the
voter registration application form created and maintained
by the United States Election Assistance Commission,
pursuant to 52 U.S.C. Section 20508(a)(2);
    [(17)] (20)     "New party", any political group which has
filed a valid petition and is entitled to place its list of
candidates on the ballot at the next general or special
election;
    [(18)] (21)     "Nonpartisan", a candidate who is not a
candidate of any political party and who is running for an
office for which party candidates may not run;
    [(19)] (22)     "Political party", any established
political party and any new party;
    [(20)] (23)     "Political subdivision", a county, city,
town, village, or township of a township organization county;
    [(21)] (24)     "Polling place", the voting place
designated for all voters residing in one or more precincts
for any election;
    [(22)] (25)     "Precincts", the geographical areas into
which the election authority divides its jurisdiction for
the purpose of conducting elections;
    [(23)] (26)     "Public office", any office established by
constitution, statute or charter and any employment under
the United States, the state of Missouri, or any political
subdivision or special district thereof, but does not
include any office in the Missouri state defense force or
the National Guard or the office of notary public or city
attorney in cities of the third classification or cities of
the fourth classification;
    [(24)] (27)     "Question", any measure on the ballot
which can be voted "YES" or "NO";
    [(25)] (28)     "Relative within the second degree by
consanguinity or affinity", a spouse, parent, child,
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grandparent, brother, sister, grandchild, mother-in-law,
father-in-law, daughter-in-law, or son-in-law;
    [(26)] (29)   "Special district", any school district,
water district, fire protection district, hospital district,
health center, nursing district, or other districts with
taxing authority, or other district formed pursuant to the
laws of Missouri to provide limited, specific services;
    [(27)] (30)   "Special election", elections called by
any school district, water district, fire protection
district, or other district formed pursuant to the laws of
Missouri to provide limited, specific services; [and]
    (31) "Verified voter", a registered voter in this
state whose United States citizenship has been verified by
the election authority;
    [(28)] (32)   "Voting district", the one or more
precincts within which all voters vote at a single polling
place for any election.
    115.135.   1. Any person who is qualified to vote, or
who shall become qualified to vote on or before the day of
election, shall be entitled to register in the jurisdiction
within which he or she resides.       In order to vote in any
election for which registration is required, a person must
be registered to vote in the state of Missouri no later than
5:00 p.m., or the normal closing time of any public building
where the registration is being held if such time is later
than 5:00 p.m., on the fourth Wednesday prior to the
election, unless the voter is an interstate former resident,
a new resident, or a covered voter, as defined in section
115.275. Any person registering after such date shall be
eligible to vote in subsequent elections.
    2. (1) A person applying to register with an election
authority or a deputy registration official shall identify
himself or herself by presenting a copy of a birth
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certificate, a Native American tribal document, other proof
of United States citizenship, a valid Missouri drivers
license or other form of personal identification at the time
of registration.   Nothing in this chapter shall require a
person who appears on the list of registered voters or who
seeks to transfer voter registration within this state from
being required to provide an election authority documentary
proof of United States citizenship, unless the person is
stricken from the list of registered voters and the person
thereafter seeks to register to vote.
    (2) When processing a voter registration application,
the election authority shall use all available resources to
verify the applicant is a citizen of the United States,
including relevant information from the following:
    (a) The department of revenue's electronic database;
    (b) The United States Social Security Administration
database;
    (c) The United States Citizenship and Immigration
Services Systematic Alien Verification for Entitlements
Program;
    (d) A national association for public health
statistics and information systems electronic verification
of vital events system, or similar state database; and
    (e) Any other federal, state, or political subdivision
database and any other database relating to voter
registration to which the election authority has or is
granted access.
    (3) After processing a voter registration application,
the election authority shall notify the applicant in writing
pursuant to subdivision (2) of subsection 3 of section
115.155:
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    (a) If the application is pending or incomplete
because he or she was not verified by virtue of lacking
United States citizenship; or
    (b) If, for applicants submitting the national mail
voter registration form who could not be verified as a
citizen of the United States, the applicant is registered to
vote as a federal-only voter, in which case the process for
submitting documentary proof of citizenship to the election
authority to become classified as a verified voter shall be
supplied to the applicant.
    (4) To the extent allowed under applicable law, the
secretary of state shall enter into agreements with the
following entities, to allow election authorities to request
and obtain records or information relating to an
individual's citizenship status and the secretary of state
shall have the discretion to enter agreements with other
entities than those provided below to carry out the
provisions of this section:
    (a) The department of revenue;
    (b) The United States Social Security Administration;
    (c) The United States Citizenship and Immigration
Services Systemic Alien Verification for Entitlements
Program;
    (d) A national association for public health
statistics and information systems electronic verification
of vital events system, or similar state database; or
    (e) Any other federal, state, or political subdivision
database and any other database relating to voter
registration to which the election authority is granted
access.
    (5) (a)   For all applicants other than those
submitting a national mail voter registration form, if the
election authority is able to verify that the applicant is a
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citizen of the United States, the election authority shall
register and classify the applicant as a verified voter.
    (b) For applicants submitting the national mail voter
registration form, if the election authority is unable to
verify that the applicant is a citizen of the United States
but the applicant otherwise satisfies all applicable legal
requirements to register to vote in this state, the election
authority shall register and classify the applicant as a
federal-only voter.
    (6) If the election authority verifies an applicant is
not a citizen of the United States and determines the
applicant knew they were not legally entitled to register to
vote, the election authority shall reject the application
and the election authority shall forward the applicant's
information and any supporting documentation to the
appropriate law enforcement agency and prosecuting attorney,
circuit attorney, or attorney general, as applicable.
    (7) The secretary of state shall promulgate
regulations to implement the provisions and requirements of
this subsection.   Any rule or portion of a rule, as that
term is defined in section 536.010, 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 and, if applicable, section
536.028. This section and chapter 536 are nonseverable and
if any of the powers vested with the general assembly
pursuant to chapter 536 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,
2026, shall be invalid and void.
    (8) If, at any time, any change occurs in federal law
or policy such that a state is permitted to enforce or apply
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a requirement of verification of citizenship or documentary
proof of citizenship to individuals applying to register to
vote using the national mail voter registration form, any
provisions of this chapter that would otherwise permit an
individual to register and vote in any election held in this
state without providing documentary proof of citizenship
shall immediately cease to be effective and the United
States citizenship requirement, verification procedures, and
penalties provided for in this section and section 115.631
shall immediately apply to every individual registered to
vote or attempting to register to vote in this state.
    (9) If a federal agency listed in this subsection ever
terminates access to citizenship data by an election
authority in this state, the attorney general shall seek
redress in a court of competent jurisdiction.
    3. Except as provided in federal law or federal
elections and in section 115.277, no person shall be
entitled to vote if the person has not registered to vote in
the jurisdiction of his or her residence.
    4. A covered voter as defined in section 115.275 who
has been discharged from military service, has returned from
a military deployment or activation, or has separated from
employment outside the territorial limits of the United
States after the deadline to register to vote, and who is
otherwise qualified to register to vote, may register to
vote in an election in person before the election authority
until 5:00 p.m. on the Friday before such election.    Such
persons shall produce sufficient documentation showing
evidence of qualifying for late registration pursuant to
this section.
    115.151.    1. Each qualified applicant who appears
before the election authority shall be deemed registered as
of the time the applicant's completed, signed and sworn
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registration application is witnessed by the election
authority or deputy registration official, and the
applicant's United States citizenship is verified pursuant
to subsection 2 of section 115.135.
    2. Each applicant who registers by mail shall be
deemed to be registered as of the date the application is
postmarked, if such application is accepted and not rejected
by the election authority [and], the verification notice
required pursuant to section 115.155 is not returned as
undeliverable by the postal service, and the applicant's
United States citizenship is verified pursuant to subsection
2 of section 115.135.
    3. Each applicant who registers at a voter
registration agency or the division of motor vehicle and
drivers licensing of the department of revenue shall be
deemed to be registered as of the date the application is
signed by the applicant, if such application is accepted and
not rejected by the election authority [and], the
verification notice required pursuant to section 115.155 is
not returned as undeliverable by the postal service, and the
applicant's United States citizenship is verified pursuant
to subsection 2 of section 115.135.   Voter registration
agencies shall transmit voter registration application forms
to the appropriate election authority not later than five
business days after the form is completed by the applicant.
The division of motor vehicle and drivers licensing of the
department of revenue shall transmit voter registration
application forms to the appropriate election authority not
later than three business days after the form is completed
by the applicant.
    4. Notwithstanding any provision of this section to
the contrary, if the election authority is unable to verify
that the applicant is a citizen of the United States but the
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applicant otherwise satisfies all applicable legal
requirements to register to vote in this state and the
election authority registers and classifies the applicant as
a federal-only voter, the applicant shall be deemed
registered as of the time of such action by the election
authority. The election authority shall register federal-
only voters in a manner that designates each voter by
precinct as federal-only.
    115.155.   1. The election authority shall provide for
the registration of each voter.    Each application shall be
in substantially the following form:
  APPLICATION FOR REGISTRATION
 Are you a citizen of the United States?
  □ YES  □ NO
 Will you be 18 years of age on or before election day?
  □ YES  □ NO
 IF YOU CHECKED “NO” IN RESPONSE TO EITHER OF THESE
 QUESTIONS, DO NOT COMPLETE THIS FORM. [IF YOU ARE
 SUBMITTING THIS FORM BY MAIL AND ARE REGISTERING FOR THE
 FIRST TIME, PLEASE SUBMIT A COPY OF A CURRENT, VALID
 PHOTO IDENTIFICATION. IF YOU DO NOT SUBMIT SUCH
 INFORMATION, YOU WILL BE REQUIRED TO PRESENT ADDITIONAL
 IDENTIFICATION UPON VOTING FOR THE FIRST TIME SUCH AS A
 BIRTH CERTIFICATE, A NATIVE AMERICAN TRIBAL DOCUMENT,
 OTHER PROOF OF UNITED STATES CITIZENSHIP, A VALID
 MISSOURI DRIVER'S LICENSE OR OTHER FORM OF PERSONAL
 IDENTIFICATION].
  _______________________
  Township (or Ward)
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_______________________        _______________________
Name  Precinct
_______________________        _______________________
Home Address  Required Personal
  Identification
  Information
_______________________
City ZIP
_______________________        _______________________
Date of Birth  Place of Birth
  (Optional)
_______________________        _______________________
Telephone Number  Mother's Maiden Name
(Optional)  (Optional)
_______________________        _______________________
Occupation (Optional)  Last Place Previously
  Registered
_______________________        _______________________
Last four digits of  Under What Name
Social Security Number  _______________________
(Required for  When
registration unless no
Social Security Number
exists for Applicant)
_______________________
Identification Number
Printed on
Identification Issued
by the State, If
Applicable
Remarks:
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Political Party Affiliation (OPTIONAL: You shall be
unaffiliated unless you designate an affiliation.)
I am a citizen of the United States and a resident of
the state of Missouri. I have not been adjudged
incapacitated by any court of law. 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 do solemnly swear that all statements
made on this card are true to the best of my knowledge
and belief. I understand that if I fail to provide the
identification number from my state-issued form of
identification, or if I do not possess a state-issued
form of identification, then I must provide the election
authority with another form of documentary proof of
citizenship or I will not be considered a verified
voter. I UNDERSTAND THAT IF I REGISTER TO VOTE KNOWING
THAT I AM NOT LEGALLY ENTITLED TO REGISTER, I AM
COMMITTING A CLASS ONE ELECTION OFFENSE AND MAY BE
PUNISHED BY IMPRISONMENT OF NOT MORE THAN FIVE YEARS OR
BY A FINE OF BETWEEN TWO THOUSAND FIVE HUNDRED DOLLARS
AND TEN THOUSAND DOLLARS OR BY BOTH SUCH IMPRISONMENT
AND FINE.
By signing this application, I affirm that:
• All of the information provided in this application
is, to the best of my knowledge, accurate;
• The documentary proof of citizenship that I have
provided in connection with this application is, to the
best of my knowledge, sufficient for the election
authority to verify my United States citizenship; and
• I will provide such additional documentation or
information to the election authority that is necessary
for the election authority to verify my United States
citizenship, in the event that the documentation or
information already provided is deemed insufficient.
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 _______________________  _______________________
 Signature of Voter  Date
 _______________________
 Signature of Election
 Official
    2. The options for political party affiliation
required by the application described in subsection 1 of
this section shall include all established political parties
and an option to be unaffiliated.    If an applicant does not
designate an affiliation, the election authority shall mark
the applicant's form as unaffiliated.
    3. (1) After supplying all information necessary for
the registration records, each applicant who appears in
person before the election authority shall swear or affirm
the statements on the registration application by signing
his or her full name, witnessed by the signature of the
election authority or such authority's deputy registration
official. Each applicant who applies to register by mail
pursuant to section 115.159, or pursuant to section 115.160
or 115.162, shall attest to the statements on the
application by his or her signature.
    (2) The election authority shall notify the applicant
within ten business days of receipt of the registration form
if the election authority was not able to verify the
citizenship of the applicant.   The notice shall include the
information specified in subdivision (3) of subsection 2 of
section 115.135 and shall state that the registration cannot
be completed until documentary proof of United States
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citizenship is supplied.   If the documentary proof of United
States citizenship is supplied before 7:00 p.m. on election
day, that person is deemed to have been registered on the
date the registration was first received.
    4. Upon receipt by mail of a completed and signed
voter registration application, a voter registration
application forwarded by the division of motor vehicle and
drivers licensing of the department of revenue pursuant to
section 115.160, or a voter registration agency pursuant to
section 115.162, the election authority shall, if satisfied
that the applicant is entitled to register, transfer all
data necessary for the registration records from the
application to its registration system.   Within seven
business days after receiving the application, the election
authority shall send the applicant a verification notice.
If such notice is returned as undeliverable by the postal
service within the time established by the election
authority, the election authority shall not place the
applicant's name on the voter registration file.
    5. If, upon receipt by mail of a voter registration
application or a voter registration application forwarded
pursuant to section 115.160 or 115.162, the election
authority determines that the applicant is not entitled to
register, such authority shall, within seven business days
after receiving the application, so notify the applicant by
mail and state the reason such authority has determined the
applicant is not qualified.   The applicant may file a
complaint with the elections division of the secretary of
state's office under and pursuant to section 115.219.    If an
applicant for voter registration fails to answer the
question on the application concerning United States
citizenship, the election authority shall notify the
applicant of the failure and provide the applicant with an
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opportunity to complete the form in a timely manner to allow
for the completion of the registration form before the next
election.
    6. The secretary of state shall prescribe
specifications for voter registration documents so that they
are uniform throughout the state of Missouri and comply with
the National Voter Registration Act of 1993, including the
reporting requirements, and so that registrations, name
changes and transfers of registrations within the state may
take place as allowed by law.
    7. All voter registration applications shall be
preserved in the office of the election authority.
    115.157.    1. The election authority may place all
information on any registration cards in computerized form
in accordance with section 115.158.    No election authority
or secretary of state shall furnish to any member of the
public electronic media or printout showing any registration
information, except as provided in this section.   Except as
provided in subsection 2 of this section, the election
authority or secretary of state shall make available
electronic media or printouts showing only unique voter
identification numbers, voters' names, year of birth,
addresses, townships or wards, and precincts.   Electronic
data shall be maintained in at least the following separate
fields:
    (1) Voter identification number;
    (2) Verified voter;
    (3) Federal-only voter;
    (4) First name;
    [(3)] (5)   Middle initial;
    [(4)] (6)   Last name;
    [(5)] (7)   Suffix;
    [(6)] (8)   Street number;
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    [(7)] (9)    Street direction;
    [(8)] (10)     Street name;
    [(9)] (11)     Street suffix;
    [(10)] (12)     Apartment number;
    [(11)] (13)     City;
    [(12)] (14)     State;
    [(13)] (15)     Zip code;
    [(14)] (16)     Township;
    [(15)] (17)     Ward;
    [(16)] (18)     Precinct;
    [(17)] (19)     Senatorial district;
    [(18)] (20)     Representative district;
    [(19)] (21)     Congressional district; and
    [(20)] (22)     Political party affiliation.
    2. All election authorities shall enter voter history
in their computerized registration systems and shall, not
more than three months after the election, forward such data
to the Missouri voter registration system established in
section 115.158.    In addition, election authorities shall
forward registration and other data in a manner prescribed
by the secretary of state to comply with the Help America
Vote Act of 2002.
    3. Except as provided in subsection 6 of this section,
the election authority shall furnish, for a fee, electronic
media or a printout showing only the names, year of birth,
addresses, and political party affiliations of voters, or
any part thereof, within the jurisdiction of the election
authority who voted in any specific election, including
primary elections, by township, ward or precinct, provided
that nothing in this chapter shall require such voter
information to be released to the public over the internet
and shall not be used for commercial purposes.
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    4. Except as provided in subsection 6 of this section,
upon a request by a candidate, a duly authorized
representative of a campaign committee, or a political party
committee, the secretary of state shall furnish, for a fee
determined by the secretary of state and in compliance with
section 610.026, media in an electronic format or, if so
requested, in a printed format, showing the names,
addresses, and voter identification numbers of voters within
the jurisdiction of a specific election authority who
applied for an absentee ballot under section 115.279 for any
specific election involving a ballot measure or an office
for which the declaration of candidacy is required to be
filed with the secretary of state pursuant to section
115.353, including primary elections, by township, ward, or
precinct. Nothing in this section shall require such voter
information to be released to the public over the internet.
For purposes of this section, the terms "candidate",
"campaign committee", and "political party committee" shall
have the same meaning given to such terms in section 130.011.
    5. The amount of fees charged for information provided
in this section shall be established pursuant to chapter
610. All revenues collected by the secretary of state
pursuant to this section shall be deposited in the state
treasury and credited to the secretary of state's technology
trust fund account established pursuant to section 28.160.
In even-numbered years, each election authority shall, upon
request, supply the voter registration list for its
jurisdiction to all candidates and party committees for a
charge established pursuant to chapter 610.   Except as
provided in subsection 6 of this section, all election
authorities shall make the information described in this
section available pursuant to chapter 610.    Any election
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authority who fails to comply with the requirements of this
section shall be subject to the provisions of chapter 610.
    6. Any person working as an undercover officer of a
local, state or federal law enforcement agency, persons in
witness protection programs, and victims of domestic
violence and abuse who have received orders of protection
pursuant to chapter 455 shall be entitled to apply to the
circuit court having jurisdiction in his or her county of
residence to have the residential address on his or her
voter registration records closed to the public if the
release of such information could endanger the safety of the
person. Any person working as an undercover agent or in a
witness protection program shall also submit a statement
from the chief executive officer of the agency under whose
direction he or she is serving.    The petition to close the
residential address shall be incorporated into any petition
for protective order provided by circuit clerks pursuant to
chapter 455. If satisfied that the person filing the
petition meets the qualifications of this subsection, the
circuit court shall issue an order to the election authority
to keep the residential address of the voter a closed record
and the address may be used only for the purposes of
administering elections pursuant to this chapter.   The
election authority may require the voter who has a closed
residential address record to verify that his or her
residential address has not changed or to file a change of
address and to affirm that the reasons contained in the
original petition are still accurate prior to receiving a
ballot. A change of address within an election authority's
jurisdiction shall not require that the voter file a new
petition. Any voter who no longer qualifies pursuant to
this subsection to have his or her residential address as a
closed record shall notify the circuit court.   Upon such
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notification, the circuit court shall void the order closing
the residential address and so notify the election authority.
    115.158.   1. The secretary of state shall implement a
centralized, interactive computerized statewide voter
registration list.   This computerized list shall be known as
the "Missouri Voter Registration System".   The system shall
be implemented by January 1, 2004, unless a waiver is
obtained pursuant to the Help America Vote Act of 2002.    If
a waiver is obtained, the system shall be implemented by
January 1, 2006.   The system shall be maintained and
administered by the secretary of state and contain the name
and registration information of every legally registered
voter in Missouri.   In addition, the system shall:
    (1) Assign a unique identifier to each legally
registered voter in Missouri;
    (2) Serve as the single system for storing and
managing the official list of registered voters throughout
Missouri;
    (3) Be coordinated with other agency databases in
Missouri;
    (4) Allow any election official in Missouri, including
local election authorities, immediate electronic access to
the information contained in the system;
    (5) Allow all voter registration information obtained
by any local election official in Missouri to be
electronically entered into the system on an expedited basis
at the time the information is provided to the local
official. The secretary of state, as the chief state
election official, shall provide such support as may be
required so that local election officials are able to enter
the registration information; and
    (6) Serve as the official voter registration list for
the conduct of all elections in Missouri.
  21
    2. The secretary of state and local election
authorities shall perform system maintenance on a regular
basis, which shall include:
    (1) Removing names in accordance with the provisions
and procedures of the National Voter Registration Act of
1993 and coordinating system maintenance activities with
state agency records on death and felony status;
    (2) Requiring the name of each registered voter to
appear in the system;
    (3) Removing only voters who are not registered or who
are not eligible to vote; and
    (4) Eliminating duplicate names from the system.
    3. The secretary of state shall provide adequate
technological security measures to prevent the unauthorized
access to the system established pursuant to this section.
    4. The secretary of state shall develop procedures to
ensure that voter registration records within the system are
accurate and updated regularly.    At a minimum, the
procedures shall include:
    (1) A system of file maintenance that makes a
reasonable effort to remove registrants who are ineligible
to vote. Consistent with the National Voter Registration
Act of 1993, registrants who have not responded to a notice
and who have not voted in two consecutive general elections
for federal office shall be removed from the official list
of eligible voters, except that no registrant may be removed
solely by reason of a failure to vote; and
    (2) Safeguards to ensure that eligible voters are not
removed in error.
    5. Voter registration information shall be verified in
accordance with the Help America Vote Act of 2002.
  22
    (1) Except as provided in subdivision (2) of this
subsection, an application for voter registration may not be
accepted or processed unless the application includes:
    (a) In the case of an applicant who has been issued a
current and valid driver's license, the applicant's driver's
license number; or
    (b) In the case of any other applicant, other than an
applicant to whom subdivision (2) applies, the last four
digits of the applicant's Social Security number.
    (2) If an applicant for voter registration has not
been issued a current and valid driver's license or a Social
Security number, the applicant shall be assigned a number
which will serve to identify the applicant for voter
registration purposes.   The number assigned under this
subdivision shall be used as the unique identifying number
within the system.
    (3) The secretary of state and the director of the
department of revenue shall enter into an agreement to match
information in the database of the voter registration
system, which shall include information pertaining to the
citizenship status of those within the department of
revenue's database, with information in the database of the
motor vehicle system to enable the secretary to verify the
accuracy of information provided on applications for voter
registration.
    (4) The director of the department of revenue shall
enter into an agreement with the commissioner of Social
Security and comply with the Help America Vote Act of 2002.
    6. In addition to using the system for voter
registration, the election authorities and secretary of
state may use the system for the collection and
dissemination of election results and other pertinent
information. Any information contained in any state or
  23
local voter registration system, limited to the master voter
registration list or any other list generated from the
information, subject to chapter 610, shall not be used for
commercial purposes; provided, however, that the information
may be used for elections, for candidates, or for ballot
measures, furnished at a reasonable fee.   Violation of this
section shall be a class B misdemeanor.    For purposes of
this section, "commercial purposes" means the use of a
public record for the purpose of sale or resale or for the
purpose of producing a document containing all or part of
the copy, printout, or photograph for sale or the obtaining
of names and addresses from public records for the purpose
of solicitation or the sale of names and addresses to
another for the purpose of solicitation or for any purpose
in which the purchaser can reasonably anticipate the receipt
of monetary gain from the direct or indirect use of the
public record.
    7. The secretary of state shall establish an advisory
committee to assist in the establishment and maintenance of
the Missouri voter registration system.
    8. 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.
    9. Election authorities and any agency required under
the National Voter Registration Act of 1993 to accept voter
registration applications shall forward registration and
other data in a manner prescribed by the secretary of state
to assist with administering and maintaining the Missouri
voter registration system in accordance with the Help
America Vote Act of 2002.
  24
    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,
provided the requirements of subsection 2 of section 115.135
are complied with.
    [2. Notwithstanding any provision of law to the
contrary, the election authority shall not deliver any
absentee 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 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.
    3. Subsection 2 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
a copy of a current and valid photo identification as part
of such registration;
    (2) Who registers to vote by mail pursuant to Section
6 of the National Voter Registration Act of 1993 and:
  25
    (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) A covered voter defined in section 115.902;
    (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.]
    115.195.   1. At least once each month, the state or
local registrar of vital statistics shall provide to the
election authority a list of the name and address, if known,
of each person over eighteen years of age in its
jurisdiction whose death has been reported to him or her and
provide a copy of the list of any death reported in the
state to the secretary of state.      The secretary of state
shall notify the election authority of the jurisdiction in
which the deceased resided of the information received
pursuant to this subsection.
    2. At least once each month, the clerk of the circuit
court of each county and city not within a county shall
provide to the election authority a list of the name and
address, if known, of each person over eighteen years of age
in the court's jurisdiction who has been convicted of any
felony, or of a misdemeanor connected with the right of
suffrage. A copy of the list shall also be submitted to the
secretary of state.   The secretary of state shall notify the
  26
election authority of the jurisdiction in which an offender
resides of the information received pursuant to this
subsection.
    3. At least once each month, the clerk of the probate
division of the circuit court of each county and city not
within a county shall provide to the election authority a
list of the name and address, if known, of each person over
eighteen years of age in the court's jurisdiction who has
been adjudged incapacitated and has not been restored to
capacity. A copy of the list shall also be submitted to the
secretary of state.   The secretary of state shall notify the
election authority of the jurisdiction in which such person
resides of the information received pursuant to this
subsection.
    4. The clerk of each circuit court shall, on or before
the tenth day of each month, prepare and transmit to the
secretary of state, in a format prescribed by the secretary
of state, a complete list of all persons, including
addresses, ages, and other identifying information as
specified by the secretary of state, who identify themselves
as not being citizens of the United States during their
qualification to serve as a juror during the preceding
calendar month in that county.
    5. All state and local registrars and all clerks of
probate divisions of the circuit courts and circuit courts
shall provide the information specified in this section,
without charge, to the election authority or the secretary
of state.
    115.221.   Notwithstanding any other provisions of law
to the contrary, each election authority may have the voting
records inspected and may investigate the qualifications of
any person who has not voted or transferred his registration
within the four preceding calendar years.   If the election
  27
authority determines that a person who is not eligible to
vote registered to vote or voted in an election, the
election authority shall execute and deliver to the attorney
general, the secretary of state, and the prosecuting or
circuit attorney having jurisdiction in the territory
covered by the election an affidavit stating the relevant
facts.
    115.277.   1. A registered voter of this state may cast
an absentee ballot in person at a location designated by the
election authority for all candidates and issues for which
such voter is 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 one of the reasons listed in
subsection 3 of this section.   A registered voter casting a
ballot under the provisions of this subsection shall provide
a form of personal photo identification that is consistent
with subsection 1 of section 115.427.   Beginning on the
second Tuesday prior to an election, a reason listed under
subsection 3 of this section shall not be required, provided
that, the provisions of section 1.140 to the contrary
notwithstanding, this sentence and section 115.427 shall be
nonseverable, and if any provision of section 115.427 is for
any reason held to be invalid, such decision shall
invalidate this sentence.
    2. Except as provided in subsections 4, 5, and 6 of
this section, a registered voter of this state may cast an
absentee ballot not in person at a location designated by
the election authority 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 one of the reasons
listed in subsection 3 of this section.   An absentee ballot
that is not requested and completed in person at the office
  28
of the election authority with a form of personal photo
identification that is consistent with subsection 1 of
section 115.427 shall have the statement on the ballot
envelope notarized as required under section 115.283, except
that absentee ballots requested under subdivisions (2) and
(5) of subsection 3 of this section shall not require
notarization.   This subsection shall apply only in the case
of absentee ballots that are not cast in person.
    3. A voter may request an absentee ballot for any of
the following reasons:
    (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 on election day, including a person who
is primarily responsible for the physical care of a person
who is incapacitated or confined due to illness or
disability and resides at the same address;
    (3) Religious belief or practice;
    (4) Employment as:
    (a) 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;
    (b) A first responder;
    (c) A health care worker; or
    (d) A member of law enforcement;
    (5) Incarceration, provided all qualifications for
voting are retained;
    (6) Certified participation in the address
confidentiality program established under sections 589.660
to 589.681 because of safety concerns.
    4. Any covered voter who is eligible to register and
vote in this state may vote in any election for federal
  29
office, statewide office, state legislative office, or
statewide ballot initiatives by submitting a federal
postcard application to apply to vote by absentee ballot or
by submitting a federal postcard application at the [polling
place] office of the election authority on election day even
though the person is not registered.   A federal postcard
application submitted by a covered voter pursuant to this
subsection shall also serve as a voter registration
application under section 115.908 and the election authority
shall, if satisfied that the applicant is entitled to
register, place the voter's name on the voter registration
file. Each covered voter may vote by absentee ballot or,
upon submitting an affidavit that the person is qualified to
vote in the election, may vote at the person's polling place.
    5. Any interstate former resident may vote by absentee
ballot for presidential and vice presidential electors.
    6. Any new resident may vote by absentee ballot for
presidential and vice presidential electors after
registering to vote in such resident's new jurisdiction of
residence.
    115.410.   1. Federal-only voters may vote by physical
appearance at the office of the election authority on
election day or by absentee ballot pursuant to sections
115.275 to 115.304.   Federal-only voters shall follow the
same procedures and rules when marking and casting their
ballots that are otherwise applicable to in-person voting at
their respective polling place, except as otherwise provided
in subsection 3 of this section.
    2. A federal-only voter is only qualified to vote in
an election for a federal office.    Votes cast in elections
that are not for a federal office shall not be counted
unless the federal-only voter provides documentary proof of
  30
citizenship to the election authority within the time limit
provided in subsection 3 of this section.
    3. (1) Ballots cast by a federal-only voter shall be
treated in the same manner as provisional ballots are
treated pursuant to section 115.430.
    (2) At any time before 7:00 p.m. on election day, a
federal-only voter shall have the opportunity to provide the
election authority with documentary proof of citizenship.
If a federal-only voter is thereafter verified as a United
States citizen, all votes cast on that voter's ballot shall
be counted and the election authority shall update the
voter's registration record as a verified voter.
    (3) Not later than fourteen days following the close
of polls, the election authority shall send written notice
to each federal-only voter who submitted a ballot in that
election informing the voter of the disposition of his or
her ballot and any updates to his or her voter registration
record.
    4. The secretary of state shall design, prepare, and
distribute a standardized written notice form that shall be
provided to each federal-only voter who appears to vote.
This notice shall inform the voter of the following:
    (1) The election authority was unable to verify the
voter is a citizen of the United States;
    (2) The voter is qualified to vote only in an election
for a federal office;
    (3) If the voter wishes for his or her full ballot to
be counted, he or she shall provide documentary proof of
citizenship to the election authority by 7:00 p.m. on
election day;
    (4) If the voter takes no action, or if his or her
documentary proof of citizenship cannot be verified, only
  31
votes cast in an election for a federal office shall be
counted.
    115.430.     1. This section shall apply to primary and
general elections where candidates for federal or statewide
offices are nominated or elected and any election where
statewide issue or issues are submitted to the voters.
    2. (1) A voter claiming to be properly registered in
the jurisdiction of the election authority and eligible to
vote in an election, but whose eligibility at that precinct
cannot be immediately established upon examination of the
precinct register, shall be entitled to vote a provisional
ballot after providing a form of personal identification
required pursuant to section 115.427 or upon executing an
affidavit under section 115.427, or may vote at a central
polling place as established in section 115.115 where the
voter may vote his or her appropriate ballot for his or her
precinct of residence upon verification of eligibility or
vote a provisional ballot if eligibility cannot be
determined. The provisional ballot provided to a voter
under this section shall be the ballot provided to a
resident of the voter's precinct determined by reference to
the affidavit provided for in this section.   If the voter
declares that the voter is eligible to vote and the election
authority determines that the voter is eligible to vote at
another polling place, the voter shall be directed to the
correct polling place or a central polling place as
established by the election authority pursuant to subsection
5 of section 115.115.   If the voter refuses to go to the
correct polling place or a central polling place, the voter
shall be permitted to vote a provisional ballot at the
incorrect polling place, but such ballot shall not be
counted if the voter was not eligible to vote at that
polling place.
  32
    (2) The following steps shall be taken to establish a
voter's eligibility to vote at a polling place:
    (a) The election judge shall examine the precinct
register as provided in section 115.425.   If the voter is
registered and eligible to vote at the polling place, the
voter shall receive a regular ballot;
    (b) If the voter's eligibility cannot be immediately
established by examining the precinct register, the election
judge shall contact the election authority.   If the election
authority cannot immediately establish that the voter is
registered and eligible to vote at the polling place upon
examination of the Missouri voter registration system, or if
the election judge is unable to make contact with the
election authority immediately, the voter shall be notified
that the voter is entitled to a provisional ballot.
    (3) The voter shall have the duty to appear and vote
at the correct polling place.   If an election judge
determines that the voter is not eligible to vote at the
polling place at which a voter presents himself or herself,
and if the voter appears to be eligible to vote at another
polling place, the voter shall be informed that he or she
may cast a provisional ballot at the current polling place
or may travel to the correct polling place or a central
polling place, as established by the election authority
under subsection 5 of section 115.115, where the voter may
cast a regular ballot or provisional ballot if the voter's
eligibility still cannot be determined.    Provisional ballots
cast at a polling place shall be counted only if the voter
was eligible to vote at such polling place as provided in
subsection 5 of this section.
    (4) For a voter requesting an absentee ballot in
person, such voter shall be entitled to cast a provisional
ballot when the voter's eligibility cannot be immediately
  33
established upon examination of the precinct registers or
the Missouri voter registration system.
    (5) Prior to accepting any provisional ballot at the
polling place, the election judges shall determine that the
information provided on the provisional ballot envelope by
the provisional voter is consistent with the identification
provided by such person under section 115.427.
    3. (1) No person shall be entitled to receive a
provisional ballot until such person has completed a
provisional ballot affidavit on the provisional ballot
envelope.
    (2) The secretary of state shall produce appropriate
sizes of provisional ballot envelopes and distribute them to
each election authority according to their tabulating
system. All provisional ballot envelopes shall be printed
on a distinguishable color of paper that is different from
the color of the regular ballot.     The provisional ballot
envelope shall be in the form required by subsection 4 of
this section.   All provisional ballots shall be marked with
a conspicuous stamp or other distinguishing mark that makes
them readily distinguishable from the regular ballots.
    (3) Once voted, the provisional ballot shall be placed
and sealed in a provisional ballot envelope.
    4. The provisional ballot in its envelope shall be
deposited in the ballot box.   The provisional ballot
envelope shall be completed by the voter for use in
determining eligibility.   The provisional ballot envelope
specified in this section shall contain a voter's
certificate which shall be in substantially the following
form:
 STATE OF ______
  34
 COUNTY OF ______
 I do solemnly swear (or affirm) that my name is ______;
 that my date of birth is ______; that the last four
 digits of my Social Security Number are ______; that I
 am registered to vote in ______ County or City (if a
 City not within a County), Missouri; that I am a
 qualified voter of said County (or City not within a
 County); that I am eligible to vote at this polling
 place; and that I have not voted in this election.
 I understand that if the above-provided information is
 not correct and the election authority determines that I
 am not registered and eligible to vote, my vote will not
 be counted. I further understand that knowingly
 providing false information is a violation of law and
 subjects me to possible criminal prosecution.
 □   Check here if federal-only voter
 __________________
 (Signature of
 Voter)
 __________________
 (Current Address)
 Subscribed and affirmed before me this ______ day of
 ______, 20______
 __________________
 (Signature of Election Official)
The voter may provide additional information to further
assist the election authority in determining eligibility,
including the place and date the voter registered to vote,
if known.
  35
      5. (1) Prior to counting any provisional ballot, the
election authority shall determine if the voter is
registered and eligible to vote and if the vote was properly
cast. The eligibility of provisional votes shall be
determined according to the requirements for a voter to cast
a ballot in the election as set forth in sections 115.133
and 115.135. A provisional voter ballot shall not be
eligible to be counted until the election authority has
determined that:
      (a) The voter cast such provisional ballot at a
polling place established for the voter or the central
polling place established by the election authority under
subsection 5 of section 115.115;
      (b) The individual who cast the provisional ballot is
an individual registered to vote in the respective election
at the polling place where the ballot was cast;
      (c) The voter did not otherwise vote in the same
election by regular ballot, absentee ballot, or otherwise;
and
      (d) The information on the provisional ballot envelope
is found to be correct, complete, and accurate.
      (2) When the ballot boxes are delivered to the
election authority from the polling places, the receiving
teams shall separate the provisional ballots from the rest
of the ballots and place the sealed provisional ballot
envelopes in a separate container.    Teams of election
authority employees or teams of election judges with each
team consisting of one member of each major political party
shall photocopy each provisional ballot envelope, such
photocopy to be used by the election authority to determine
provisional voter eligibility.   The sealed provisional
ballot envelopes shall be placed by the team in a sealed
container and shall remain therein until tabulation.
  36
    (3) To determine whether a provisional ballot is valid
and entitled to be counted, the election authority shall
examine its records and verify that the provisional voter is
properly registered and eligible to vote in the election.
If the provisional voter has provided information regarding
the registration agency where the provisional voter
registered to vote, the election authority shall make an
inquiry of the registration agency to determine whether the
provisional voter is properly registered and eligible to
vote in the election.
    (4) If the election authority determines that the
provisional voter is registered and eligible to vote in the
election, the election authority shall provide documentation
verifying the voter's eligibility.   Such documentation shall
be noted on the copy of the provisional ballot envelope and
shall contain substantially the following information:
    (a) The name of the provisional voter;
    (b) The name of the reviewer;
    (c) The date and time; and
    (d) A description of evidence found that supports the
voter's eligibility.
    (5) The local election authority shall record on a
provisional ballot acceptance/rejection list the provisional
ballot identification number and a notation marking it as
accepted.
    (6) If the election authority determines that the
provisional voter is not registered or eligible to vote in
the election, the election authority shall provide
documentation verifying the voter's ineligibility.    Such
documentation shall be noted on the copy of the provisional
ballot envelope and shall contain substantially the
following information:
    (a) The name of the provisional voter;
  37
    (b) The name of the reviewer;
    (c) The date and time;
    (d) A description of why the voter is ineligible.
    (7) The local election authority shall record on a
provisional ballot acceptance/rejection list the provisional
ballot identification number and notation marking it as
rejected.
    (8) If rejected, a photocopy of the envelope shall be
made and used by the election authority as a mail-in voter
registration.   The actual provisional ballot envelope shall
be kept as ballot material, and the copy of the envelope
shall be used by the election authority for registration
record keeping.
    6. All provisional ballots cast by voters whose
eligibility has been verified as provided in this section
shall be counted in accordance with the rules governing
ballot tabulation.   Provisional ballots shall not be counted
until all provisional ballots are determined either eligible
or ineligible and all provisional ballots must be processed
before the election is certified.     The provisional ballot
shall be counted only if the election authority determines
that the voter is registered and eligible to vote.
Provisional ballots voted in the wrong polling place shall
not be counted.   If the voter is not registered but is
qualified to register for future elections, the affidavit
shall be considered a mail-in application to register to
vote pursuant to this chapter.
    7. (1) After the election authority completes its
review of the provisional voter's eligibility under
subsection 5 of this section, the election authority shall
deliver the provisional ballots and copies of the
provisional ballot envelopes that include eligibility
information to bipartisan counting teams, which may be the
  38
board of verification, for review and tabulation.     The
election authority shall maintain a record of such
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
and material necessary for tabulation.
    (2) If the person named on the provisional ballot
affidavit is found to have been properly qualified and
registered to cast a ballot in the election and the
provisional ballot otherwise qualifies to be counted under
the provisions of this section, the envelope shall be
opened, and the ballot shall be placed in a ballot box to be
counted.
    (3) If the person named on the provisional ballot
affidavit is found not to have been properly qualified and
registered to cast a ballot in the election or if the
election authority is unable to determine such person's
right to vote, the envelope containing the provisional
ballot shall not be opened, and the person's vote shall not
be counted. The members of the team shall follow the
procedures set forth in subsection 5 of this section for
rejected provisional ballots.
    (4) The votes shall be tallied and the returns made as
provided in sections 115.447 to 115.525 for paper ballots.
After the vote on all ballots assigned to a team have been
counted, the ballots, ballot envelopes, and copies of ballot
envelopes with the eligibility information provided by the
election authority shall be enclosed in sealed containers
marked "Voted provisional ballots and ballot envelopes from
the election held ______, 20______".   All rejected
provisional ballots, ballot envelopes, and copies of ballot
envelopes with the eligibility information provided by the
  39
election authority shall be enclosed in sealed containers
marked "Rejected provisional ballots and ballot envelopes
from the election held ______, 20______".   On the outside of
each voted ballot and rejected ballot container, each member
of the team shall write their 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 provisional votes.
    8. Challengers and watchers, as provided by sections
115.105 and 115.107, may be present during all times that
the bipartisan counting teams are reviewing or counting the
provisional ballots, the provisional ballot envelopes, or
copies of the provisional ballot envelopes that include
eligibility information provided by the election authority.
Challengers and watchers shall be permitted to observe the
determination of the eligibility of all provisional
ballots. The election authority shall notify the county
chair of each major political party of the time and location
when bipartisan counting teams will be reviewing or counting
the provisional ballots, the provisional ballot envelopes,
or the copies of the provisional ballot envelopes that
include the eligibility information provided by the election
authority.
    9. The certificate of ballot cards shall:
    (1) Reflect the number of provisional envelopes
delivered; and
    (2) Reflect the number of sealed provisional envelopes
with voted ballots deposited in the ballot box.
    10. In counties where the voting system does not
utilize a paper ballot, the election authority shall provide
the appropriate provisional ballots to each polling place.
    11. The secretary of state may promulgate rules for
purposes of ensuring the uniform application of this
  40
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.
    12. The secretary of state shall design and provide to
the election authorities the envelopes and forms necessary
to carry out the provisions of this section.
    13. Pursuant to the Help America Vote Act of 2002, the
secretary of state shall ensure a free access system is
established, such as a toll-free number or an internet
website, that any individual who casts a provisional ballot
may access to discover whether the vote of that individual
was counted, and, if the vote was not counted, the reason
that the vote was not counted.   At the time an individual
casts a provisional ballot, the election authority shall
give the voter written information that states that any
individual who casts a provisional ballot will be able to
ascertain under such free access system whether the vote was
counted, and if the vote was not counted, the reason that
the vote was not counted.
    14. In accordance with the Help America Vote Act of
2002, any individual who votes in an election as a result of
a court order or any other order extending the time
established for closing the polls in section 115.407 may
vote only by using a provisional ballot, and such
provisional ballot shall be separated and held apart from
other provisional ballots cast by those not affected by the
order. Such ballots shall not be counted until such time as
the ballots are determined to be valid.   No state court
shall have jurisdiction to extend the polling hours
established by law, including section 115.407.
    115.493.   1. The election authority shall keep all
voted ballots, ballot cards, processed ballot materials in
electronic form and write-in forms, and all applications,
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statements, certificates, affidavits and computer programs
relating to each election for twenty-two months after the
date of the election.   During the time that voted ballots,
ballot cards, processed ballot materials in electronic form
and write-in forms are kept by the election authority, it
shall not open or inspect them or allow anyone else to do
so, except upon order of a legislative body trying an
election contest, a court or a grand jury.    After twenty-two
months, the ballots, ballot cards, processed ballot
materials in electronic form, write-in forms, applications,
statements, certificates, affidavits and computer programs
relating to each election may be destroyed.    If an election
contest, grand jury investigation or civil or criminal case
relating to the election is pending at the time, however,
the materials shall not be destroyed until the contest,
investigation or case is finally determined.
    2. All records, documents, and correspondence relating
to the verification of citizenship by an election authority,
and any changes made to voter registration records resulting
therefrom, shall be considered voter registration records
and shall be retained in accordance with the Missouri record
retention schedule for voter registration records.
    3. Any records or documents pertaining to the
verification of a voter's citizenship status shall be
included in that voter's corresponding voter registration
record for the duration of that voter's status as a
registered voter in this state.    Such records and documents
shall be stored and maintained in accordance with all
applicable provisions of federal and state law regarding the
protection of private or personally identifiable information.
    115.642.   1. Any person may file a complaint with the
secretary of state stating the name of any person who has
violated any of the provisions of sections 115.629 to
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115.646 and stating the facts of the alleged offense, sworn
to, under penalty of perjury.
    2. Within thirty days of receiving a complaint, the
secretary of state shall notify the person filing the
complaint whether or not the secretary has dismissed the
complaint or will commence an investigation.   The secretary
of state shall dismiss frivolous complaints.   For purposes
of this subsection, "frivolous complaint" shall mean an
allegation clearly lacking any basis in fact or law.      Any
person who makes a frivolous complaint pursuant to this
section shall be liable for actual and compensatory damages
to the alleged violator for holding the alleged violator
before the public in a false light.   If reasonable grounds
appear that the alleged offense was committed, the secretary
of state may issue a probable cause statement.   If the
secretary of state issues a probable cause statement, he or
she may refer the offense to the appropriate prosecuting
attorney or attorney general.
    3. Notwithstanding the provisions of section 27.060,
56.060, or 56.430 to the contrary, when requested by the
prosecuting attorney or circuit attorney or attorney
general, the secretary of state or his or her authorized
representatives may aid any prosecuting attorney or circuit
attorney or attorney general in the commencement and
prosecution of election offenses as provided in sections
115.629 to 115.646.
    4. (1) The secretary of state may investigate any
suspected violation of any of the provisions of sections
115.629 to 115.646.
    (2) (a)   The secretary of state or an authorized
representative of the secretary of state shall have the
power to require the production of books, papers,
correspondence, memoranda, contracts, agreements, and other
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records by subpoena or otherwise when necessary to conduct
an investigation under this section.    Such powers shall be
exercised only at the specific written direction of the
secretary of state or his or her chief deputy.
     (b) If any person refuses to comply with a subpoena
issued under this subsection, the secretary of state may
seek to enforce the subpoena before a court of competent
jurisdiction to require the production of books, papers,
correspondence, memoranda, contracts, agreements, and other
records. The court may issue an order requiring the person
to produce records relating to the matter under
investigation or in question.    Any person who fails to
comply with the order may be held in contempt of court.
     (c) The provisions of this subdivision shall expire on
August 28, 2025.
     Section B.    In the event that any section, provision,
clause, phrase, or word of this act or the application
thereof is declared invalid under the Constitution of the
United States or the Constitution of the State of Missouri,
it is the intent of the general assembly that the remaining
sections of this act remain in force and effect as far as
they are capable of being carried into execution as intended
by the general assembly.    The general assembly hereby
declares that it would have passed each section, provision,
clause, phrase, or word thereof, irrespective of the fact
that any one or more sections, provisions, clauses, phrases,
or words of this act or the application of this act would be
declared unenforceable, unconstitutional, or invalid.
     Section C.    Section A of this act shall not go into
effect until the secretary of state notifies the revisor of
statutes that citizenship verification data is able to be
utilized through the Missouri centralized voter registration
database.
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