SB 983

3376S.03C
  SENATE COMMITTEE SUBSTITUTE
  FOR
  SENATE BILL NO. 983
  AN ACT
  To repeal sections 115.158 and 115.160, RSMo, and to
  enact in lieu thereof two new sections relating to
  voter registration, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
  Section    A.     Sections    115.158    and   115.160,    RSMo,  are
   repealed and two new sections enacted in lieu thereof, to be
   known as sections 115.158 and 115.160, to read as follows:
  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;
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    (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.
    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
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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.
    (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
with information in the database of the motor vehicle
system, which shall include information pertaining to the
citizenship status of those within the department of
revenue's database, to enable the secretary to verify the
accuracy of information provided on applications for voter
registration.
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    (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
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.
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    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.
    115.160.   1. All Missouri driver's license applicants
shall receive a voter registration application form as a
simultaneous part of the application for a driver's license,
renewal of driver's license, change of address, duplicate
request and a nondriver's license.
    2. If a single application form is used, the voter
registration application portion of any application
described in subsection 1 of this section may not require
any information that duplicates information required in the
driver's license portion of the form, except a second
signature or other information required by law.
    3. After conferring with the secretary of state as the
chief state election official responsible for overseeing of
the voter registration process, the director of revenue
shall adopt rules and regulations pertaining to the format
of the voter registration application used by the
department. The director of revenue shall utilize
electronic voter registration application forms and provide
for secure electronic transfer of voter registration
information to election authorities.   The secretary of state
and the director of revenue shall ensure the confidentiality
and integrity of the voter registration data collected,
maintained, received, or transmitted under this section.
    4. No information relating to the failure of an
applicant for a driver's license or nondriver's license to
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sign a voter registration application may be used for any
purpose other than voter registration.
    5. Any voter registration application received
pursuant to the provisions of this section shall be
forwarded, in a secure and electronic manner, to the
election authority located within that county or any city
not within a county, or if there is more than one election
authority within the county, then to the election authority
located nearest to the location where the driver's license
application was received.   Voter registration information,
including an electronic image of the signature of the
applicant, shall be transmitted in a format compatible with
the Missouri voter registration system established in
section 115.158 which allows for review by the election
authority and does not require the election authority to
manually reenter the information, provided that the election
authority shall print out a paper copy of the information
and retain such information in the manner required by
section 115.145.   The election authority receiving the
application forms shall review the applications and forward,
in a secure and electronic manner, any applications
pertaining to a different election authority to that
election authority.
    6. A completed voter registration application accepted
in the driver's licensing process shall be transmitted to
the election authority described in subsection 5 of this
section not later than three business days after the form is
completed by the applicant.
    7. Any person registering to vote when applying for or
renewing a Missouri driver's license shall submit with the
application form a copy of a birth certificate, a Native
American tribal document, or other proof of United States
citizenship, a valid Missouri driver's license, or other
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form of personal identification.      Any person who, at the
time of a transaction with the division of motor vehicle and
driver licensing of the department of revenue, provides a
document that establishes noncitizenship shall not be
offered the opportunity to register to vote as part of the
transaction. The division of motor vehicle and driver
licensing shall determine whether an applicant for a
driver's license has the requisite proof of citizenship
needed to register to vote.   The division shall only provide
an opportunity to register to vote to a customer who
provides documentation demonstrating that the individual is
a citizen of the United States.       If the applicant does not
possess the requisite proof of citizenship needed to
register to vote, the division shall assist the applicant in
obtaining such requisite proof.
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