SB 985

SECOND REGULAR SESSION
  SENATE BILL NO. 985
  103RD GENERAL ASSEMBLY
  INTRODUCED BY SENATOR CARTER.
 4160S.02I  KRISTINA MARTIN, Secretary
  AN ACT
 To repeal sections 115.157, 115.283, 115.507, 347.740, 351.127, 355.023, 356.233, 359.653,
  400.9-528, and 417.018, RSMo, and to enact in lieu thereof eleven new sections
  relating to the secretary of state.
 Be it enacted by the General Assembly of the State of Missouri, as follows:
1Section A.  Sections 115.157, 115.283, 115.507, 347.740,
2  351.127, 355.023, 356.233, 359.653, 400.9-528, and 417.018,
3  RSMo, are repealed and eleven new sections enacted in lieu
4  thereof, to be known as sections 115.008, 115.157, 115.283,
5  115.507, 347.740, 351.127, 355.023, 356.233, 359.653, 400.9-
6  528, and 417.018, to read as follows:
1115.008.  The secretary of state shall establish a
2  unique identification coding system for all precincts in the
3  state resulting in unique identification codes for each
4  precinct in the state.  Such system shall be based upon the
5  Federal Information Processing Standards codes issued by the
6  National Institute of Standards and Technology.  Election
7  authorities shall be responsible for implementing the
8  unique identification coding system for all precincts within
9  its jurisdiction in compliance with the format set out by
10  the secretary of state.  The secretary of state shall
11  promulgate rules for the implementation of this section.
12  Any rule or portion of a rule, as that term is defined in
13  section 536.010, that is created under the authority
 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
 and is intended to be omitted in the law.
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14 delegated in this section shall become effective only if it
15 complies with and is subject to all of the provisions of
16 chapter 536 and, if applicable, section 536.028.      This
17 section and chapter 536 are nonseverable and if any of the
18 powers vested with the general assembly pursuant to chapter
19 536 to review, to delay the effective date, or to disapprove
20 and annul a rule are subsequently held unconstitutional,
21 then the grant of rulemaking authority and any rule proposed
22 or adopted after August 28, 2026, shall be invalid and void.
1115.157. 1.   The election authority may place all
2 information on any registration cards in computerized form
3 in accordance with section 115.158.      No election authority
4 or secretary of state shall furnish to any member of the
5 public electronic media or printout showing any registration
6 information, except as provided in this section.      Except as
7 provided in subsection 2 of this section, the election
8 authority or secretary of state shall make available
9 electronic media or printouts showing only unique voter
10 identification numbers, voters' names, year of birth,
11 addresses, townships or wards, and precincts.      Electronic
12 data shall be maintained in at least the following separate
13 fields:
14(1) Voter identification number;
15(2) First name;
16(3) Middle initial;
17(4) Last name;
18(5) Suffix;
19(6) Street number;
20(7) Street direction;
21(8) Street name;
22(9) Street suffix;
23(10) Apartment number;
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24(11) City;
25(12) State;
26(13) Zip code;
27(14) Township;
28(15) Ward;
29(16) Precinct;
30(17) Senatorial district;
31(18) Representative district;
32(19) Congressional district; and
33(20) Political party affiliation.
342. All election authorities shall enter voter history
35 in their computerized registration systems and shall, not
36 more than three months after the election, forward such data
37 to the Missouri voter registration system established in
38 section 115.158.       In addition, election authorities shall
39 forward registration and other data in a manner prescribed
40 by the secretary of state to comply with the Help America
41 Vote Act of 2002.
423. Except as provided in subsection 6 of this section,
43 the election authority shall furnish, for a fee, electronic
44 media or a printout showing only the names, year of birth,
45 addresses, and political party affiliations of voters, or
46 any part thereof, within the jurisdiction of the election
47 authority who voted in any specific election, including
48 primary elections, by township, ward or precinct, provided
49 that nothing in this chapter shall require such voter
50 information to be released to the public over the internet
51 and shall not be used for commercial purposes.
524. Except as provided in subsection 6 of this section,
53 upon a request by a candidate, a duly authorized
54 representative of a campaign committee, or a political party
55 committee, the secretary of state shall furnish, for a fee
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56 determined by the secretary of state and in compliance with
57 section 610.026, media in an electronic format or, if so
58 requested, in a printed format, showing the names,
59 addresses, and voter identification numbers of voters within
60 the jurisdiction of a specific election authority who
61 applied for an absentee ballot under section 115.279 for any
62 specific election involving a ballot measure or an office
63 for which the declaration of candidacy is required to be
64 filed with the secretary of state pursuant to section
65 115.353, including primary elections, by township, ward, or
66 precinct. Nothing in this section shall require such voter
67 information to be released to the public over the internet.
68 For purposes of this section, the terms "candidate",
69 "campaign committee", and "political party committee" shall
70 have the same meaning given to such terms in section 130.011.
715. The amount of fees charged for information provided
72 in this section shall be established pursuant to chapter
73 610. All revenues collected by the secretary of state
74 pursuant to this section shall be deposited in the state
75 treasury and credited to the secretary of state's technology
76 trust fund account established pursuant to section 28.160.
77 In even-numbered years, each election authority shall, upon
78 request, supply the voter registration list for its
79 jurisdiction to all candidates and party committees for a
80 charge established pursuant to chapter 610.     Except as
81 provided in subsection 6 of this section, all election
82 authorities shall make the information described in this
83 section available pursuant to chapter 610.     Any election
84 authority who fails to comply with the requirements of this
85 section shall be subject to the provisions of chapter 610.
866. Any person working as an undercover officer of a
87 local, state or federal law enforcement agency, persons in
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88  witness protection programs, and victims of domestic
89  violence and abuse who have received orders of protection
90  pursuant to chapter 455 shall be entitled to apply to the
91  circuit court having jurisdiction in his or her county of
92  residence to have the residential address on his or her
93  voter registration records closed to the public if the
94  release of such information could endanger the safety of the
95  person. Any person working as an undercover agent or in a
96  witness protection program shall also submit a statement
97  from the chief executive officer of the agency under whose
98  direction he or she is serving.   The petition to close the
99  residential address shall be incorporated into any petition
100 for protective order provided by circuit clerks pursuant to
101 chapter 455. If satisfied that the person filing the
102 petition meets the qualifications of this subsection, the
103 circuit court shall issue an order to the election authority
104 to keep the residential address of the voter a closed record
105 and the address may be used only for the purposes of
106 administering elections pursuant to this chapter.   The
107 election authority may require the voter who has a closed
108 residential address record to verify that his or her
109 residential address has not changed or to file a change of
110 address and to affirm that the reasons contained in the
111 original petition are still accurate prior to receiving a
112 ballot. A change of address within an election authority's
113 jurisdiction shall not require that the voter file a new
114 petition. Any voter who no longer qualifies pursuant to
115 this subsection to have his or her residential address as a
116 closed record shall notify the circuit court.   Upon such
117 notification, the circuit court shall void the order closing
118 the residential address and so notify the election authority.
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1197.   Not later than the third Wednesday prior to each
120 election, the secretary of state shall publish a voter
121 registration list on the secretary's website containing only
122 the following information for each person registered to vote
123 as of the fourth Wednesday prior to the election:  unique
124 voter identification number, voter's name, year of birth,
125 address, township or ward, and precinct.
1115.283. 1.   Each ballot envelope shall bear a
2  statement [on which the voter shall state] containing the
3  following: the precinct code, as identified pursuant to
4  section 115.008, that corresponds to the voter's voting
5  address; the voter's name[,]; the voter's voting address[,];
6  the voter's mailing address; and the voter's reason for
7  voting an absentee ballot.      If the reason for the voter
8  voting absentee is due to the reasons established under
9  subdivision (6) of subsection 3 of section 115.277, the
10  voter shall state the voter's identification information
11  provided by the address confidentiality program in lieu of
12  the applicant's name, voting address, and mailing address.
13  On the form, the voter shall also state under penalties of
14  perjury that the voter is qualified to vote in the election,
15  that the voter has not previously voted and will not vote
16  again in the election, that the voter has personally marked
17  the voter's ballot in secret or supervised the marking of
18  the voter's ballot if the voter is unable to mark it, that
19  the ballot has been placed in the ballot envelope and sealed
20  by the voter or under the voter's supervision if the voter
21  is unable to seal it, and that all information contained in
22  the statement is true.      In addition, any person providing
23  assistance to the absentee voter shall include a statement
24  on the envelope identifying the person providing assistance
25  under penalties of perjury.  Persons authorized to vote only
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26 for federal and statewide officers shall also state their
27 former Missouri residence.
282. The statement for persons voting absentee ballots
29 who are registered voters shall be in substantially the
30 following form:
31State of Missouri
32County (City) of _______________
33I, ______ (print name), a registered voter of
34______ County (City of St. Louis, Kansas
35City), declare under the penalties of perjury
36that I am voting in person at a location
37designated by the local election authority or
38I expect to be prevented from going to the
39polls on election day due to (check one):
40______ absence on election day from the
41jurisdiction of the election authority
42in which I am registered;
43______ incapacity or confinement due to illness
44or physical disability on election day,
45including caring for a person who is
46incapacitated or confined due to illness
47or disability and resides at the same
48address;
49______ religious belief or practice;
50______ employment as an election authority, by
51an election authority at a location
52other than my polling place, as a first
53responder, as a health care worker, or
54as a member of law enforcement;
55______ incarceration, although I have retained
56all the necessary qualifications for
57voting;
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58______ certified participation in the address
59confidentiality program established
60under sections 589.660 to 589.681
61because of safety concerns.
62I hereby state under penalties of perjury that
63I am qualified to vote at this election; I
64have not voted and will not vote other than by
65this ballot at this election. I further state
66that I marked the enclosed ballot in secret or
67that I am blind, unable to read or write
68English, or physically incapable of marking
69the ballot, and the person of my choosing
70indicated below marked the ballot at my
71direction; all of the information on this
72statement is, to the best of my knowledge and
73belief, true.
74__________________       __________________
75Signature of Voter       Signature of Person
76Assisting Voter
77(if applicable)
78Signed ______  Subscribed and sworn
79Signed ______  to before me this
80Address of Voter  ______day of ______,
81______
82__________________       __________________
83__________________       __________________
84Mailing Addresses        Signature of notary or
85(if different)  other officer
86authorized to
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87administer oaths
883. The statement for persons voting absentee ballots
89 pursuant to the provisions of subsection 4, 5, or 6 of
90 section 115.277 without being registered shall be in
91 substantially the following form:
92State of Missouri
93County (City) of ______
94      I, ______ (print name), declare under the
95      penalties of perjury that I am a citizen of the
96      United States and eighteen years of age or older.
97      I am not adjudged incapacitated by any court of
98      law, and if I have been convicted of a felony or
99      of a misdemeanor connected with the right of
100      suffrage, I have had the voting disabilities
101      resulting from such conviction removed pursuant
102      to law. I hereby state under penalties of perjury
103      that I am qualified to vote at this election.
104      I am an interstate former resident of Missouri
105      and authorized to vote for presidential and vice
106      presidential electors.
107      I further state under penalties of perjury that I
108      have not voted and will not vote other than by
109      this ballot at this election; I marked the
110      enclosed ballot in secret or am blind, unable to
111      read or write English, or physically incapable of
112      marking the ballot, and the person of my choosing
113      indicated below marked the ballot at my
114      direction; all of the information on this
115      statement is, to the best of my knowledge and
116      belief, true.
117      __________________  Subscribed to and
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118      Signature of Voter  sworn before me this
119______ day of
120______, ______
121      __________________
122      __________________  __________________
123      Address of Voter  Signature of notary or
124other officer
125authorized to
126administer oaths
127      __________________  __________________
128      Mailing Address (if  __________________
129      different)
130__________________
131      __________________  __________________
132      Signature of Person  Address of Last
133      Assisting Voter  Missouri Residence
134(if applicable)
1354. The statement for persons voting absentee ballots
136 who are entitled to vote at the election pursuant to the
137 provisions of subsection 2 of section 115.137 shall be in
138 substantially the following form:
139     State of Missouri
140     County (City) of ______
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141     I, ______ (print name), declare under the
142     penalties of perjury that I expect to be prevented
143     from going to the polls on election day due to
144     (check one):
145     ______   absence on election day from the
146jurisdiction of the election authority in
147which I am directed to vote;
148     ______   incapacity or confinement due to illness
149or physical disability on election day,
150including caring for a person who is
151incapacitated or confined due to illness
152or disability and resides at the same
153address;
154     ______   religious belief or practice;
155     ______   employment as an election authority, by an
156election authority at a location other
157than my polling place, as a first
158responder, as a health care worker, or as
159a member of law enforcement;
160     ______   incarceration, although I have retained
161all the necessary qualifications of
162voting;
163     ______   certified participation in the address
164confidentiality program established under
165sections 589.660 to 589.681 because of
166safety concerns.
167     I hereby state under penalties of perjury that I
168     own property in the ______ district and am
169     qualified to vote at this election; I have not
170     voted and will not vote other than by this ballot
171     at this election. I further state that I marked
172     the enclosed ballot in secret or that I am blind,
173     unable to read and write English, or physically
174     incapable of marking the ballot, and the person of
175     my choosing indicated below marked the ballot at
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176     my direction; all of the information on this
177     statement is, to the best of my knowledge and
178     belief, true.
179     __________________  Subscribed and sworn
180     Signature of Voter  to before me this
181______ day of
182______, ______
183     __________________
184     __________________  __________________
185     Address  Signature of notary or
186other officer
187authorized to
188administer oaths
189     __________________
190     Signature of Person
191     Assisting Voter
192     (if applicable)
1935. The statement for persons providing assistance to
194 absentee voters shall be in substantially the following form:
195     The voter needed assistance in marking the ballot
196     and signing above, because of blindness, other
197     physical disability, or inability to read or to
198     read English. I marked the ballot enclosed in this
199     envelope at the voter's direction, when I was
200     alone with the voter, and I had no other
201     communication with the voter as to how he or she
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202     was to vote. The voter swore or affirmed the voter
203     affidavit above and I then signed the voter's name
204     and completed the other voter information above.
205     Signed under the penalties of perjury.
206     Reason why voter needed assistance: ______
207     ASSISTING PERSON SIGN HERE
208     1. ______ (signature of assisting person)
209     2. ______ (assisting person's name printed)
210     3. ______ (assisting person's residence)
211     4. ______ (assisting person's home city or town).
2126. Notwithstanding any other provision of this
213 section, any covered voter as defined in section 115.902 or
214 persons who have declared themselves to be permanently
215 disabled pursuant to section 115.284, otherwise entitled to
216 vote, shall not be required to obtain a notary seal or
217 signature on his or her absentee ballot.
2187. Notwithstanding any other provision of this section
219 or section 115.291 to the contrary, the subscription,
220 signature and seal of a notary or other officer authorized
221 to administer oaths shall not be required on any ballot,
222 ballot envelope, or statement required by this section if
223 the reason for the voter voting absentee is due to the
224 reasons established pursuant to subdivision (2) of
225 subsection 3 of section 115.277.
2268. No notary shall charge or collect a fee for
227 notarizing the signature on any absentee ballot or absentee
228 voter registration.
2299. A notary public who charges more than the maximum
230 fee specified or who charges or collects a fee for
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231 notarizing the signature on any absentee ballot or absentee
232 voter registration is guilty of official misconduct.
1115.507. 1.   Not later than the second Tuesday after
2  the election, the verification board shall issue a statement
3  announcing the results of each election held within its
4  jurisdiction and shall certify the returns to each political
5  subdivision and special district submitting a candidate or
6  question at the election.      The statement shall include a
7  categorization of the number of regular and absentee votes
8  cast in the election, and how those votes were cast;
9  provided however, that absentee votes shall not be reported
10  separately where such reporting would disclose how any
11  single voter cast his or her vote.      When absentee votes are
12  not reported separately the statement shall include the
13  reason why such reporting did not occur.      Nothing in this
14  section shall be construed to require the election authority
15  to tabulate absentee ballots by precinct on election night.
162. The verification board shall prepare the returns by
17  drawing an abstract of the votes cast for each candidate and
18  on each question submitted to a vote of people in its
19  jurisdiction by the state and by each political subdivision
20  and special district at the election.      The abstract of votes
21  drawn by the verification board shall be the official
22  returns of the election.
233. Any home rule city with more than four hundred
24  thousand inhabitants and located in more than one county may
25  by ordinance designate one of the election authorities
26  situated partially or wholly within that home rule city to
27  be the verification board that shall certify the returns of
28  such city submitting a candidate or question at any election
29  and shall notify each verification board within the city of
30  that designation by providing each with a copy of such duly
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31 adopted ordinance.     Not later than the second Tuesday after
32 any election in any city making such a designation, each
33 verification board within the city shall certify the returns
34 of such city submitting a candidate or question at the
35 election to the election authority so designated by the city
36 to be its verification board, and such election authority
37 shall announce the results of the election and certify the
38 cumulative returns to the city in conformance with
39 subsections 1 and 2 of this section not later than ten days
40 thereafter.
414. Not later than the second Tuesday after each
42 election at which the name of a candidate for nomination or
43 election to the office of president of the United States,
44 United States senator, representative in Congress, governor,
45 lieutenant governor, state senator, state representative,
46 judge of the circuit court, secretary of state, attorney
47 general, state treasurer, or state auditor, or at which an
48 initiative, referendum, constitutional amendment or question
49 of retaining a judge subject to the provisions of Article V,
50 Sections 25(a) to 25(g) of the State Constitution, appears
51 on the ballot in a jurisdiction, the election authority of
52 the jurisdiction shall mail or deliver to the secretary of
53 state the abstract of the votes, including both regular
54 votes and absentee votes aggregated together, given in its
55 jurisdiction, by [polling place or] precinct, for each such
56 office and on each such question.     If mailed, the abstract
57 shall be enclosed in a strong, sealed envelope or
58 envelopes. On the outside of each envelope shall be
59 printed: "Returns of election held in the county of ______
60 (City of St. Louis, Kansas City) on the ______ day of
61 ______, ______,", etc.
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1347.740. The secretary of state may collect an
2 additional fee of five dollars on each and every fee
3 required in this chapter.     All fees collected as provided in
4 this section shall be deposited in the state treasury and
5 credited to the secretary of state's technology trust fund
6 account. The provisions of this section shall expire on
7 December 31, [2026] 2030.
1351.127. The secretary of state may collect an
2 additional fee of five dollars on each and every fee
3 required in this chapter, provided that the secretary of
4 state may collect an additional fee of ten dollars on each
5 corporate registration report fee filed under section
6 351.122. All fees collected as provided in this section
7 shall be deposited in the state treasury and credited to the
8 secretary of state's technology trust fund account.       The
9 provisions of this section shall expire on December 31,
10 [2026] 2030.
1355.023. The secretary of state may collect an
2 additional fee of five dollars on each and every fee
3 required in this chapter.     All fees collected as provided in
4 this section shall be deposited in the state treasury and
5 credited to the secretary of state's technology trust fund
6 account. The provisions of this section shall expire on
7 December 31, [2026] 2030.
1356.233. The secretary of state may collect an
2 additional fee of five dollars on each and every fee
3 required in this chapter.     All fees collected as provided in
4 this section shall be deposited in the state treasury and
5 credited to the secretary of state's technology trust fund
6 account. The provisions of this section shall expire on
7 December 31, [2026] 2030.
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1359.653. The secretary of state may collect an
2 additional fee of five dollars on each and every fee
3 required in this chapter.      All fees collected as provided in
4 this section shall be deposited in the state treasury and
5 credited to the secretary of state's technology trust fund
6 account. The provisions of this section shall expire on
7 December 31, [2026] 2030.
1400.9-528.   The secretary of state may collect an
2 additional fee of five dollars on each and every fee paid to
3 the secretary of state as required in chapter 400.9.  All
4 fees collected as provided in this section shall be
5 deposited in the state treasury and credited to the
6 secretary of state's technology trust fund account.       The
7 provisions of this section shall expire on December 31,
8 [2026] 2030.
1417.018. The secretary of state may collect an
2 additional fee of five dollars on each and every fee
3 required in this chapter.      All fees collected as provided in
4 this section shall be deposited in the state treasury and
5 credited to the secretary of state's technology trust fund
6 account. The provisions of this section shall expire on
7 December 31, [2026] 2030.
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