HOUSE BILL NO. 1871 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MCGAUGH.
5033H.02I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 115.123, 115.125, 115.127, 115.233, 115.277, 115.284, 115.306, 115.351, 115.427, 115.430, 115.453, 115.637, 115.776, and 115.904, RSMo, and to enact in lieu thereof twenty-two new sections relating to elections, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 115.123, 115.125, 115.127, 115.233, 115.277, 115.284, 115.306, 2 115.351, 115.427, 115.430, 115.453, 115.637, 115.776, and 115.904, RSMo, are repealed and 3 twenty-two new sections enacted in lieu thereof, to be known as sections 115.123, 115.125, 4 115.127, 115.233, 115.277, 115.284, 115.306, 115.351, 115.427, 115.430, 115.453, 115.637, 5 115.755, 115.758, 115.761, 115.765, 115.767, 115.770, 115.773, 115.776, 115.785, and 6 115.904, to read as follows: 115.123. 1. All public elections shall be held on Tuesday. Except as provided in 2 subsection 2 of this section, and section 247.180, all public elections shall be held on the 3 general election day, the primary election day, the general municipal election day, the first 4 Tuesday after the first Monday in November, or on another day expressly provided by city or 5 county charter, and in nonprimary years on the first Tuesday after the first Monday in August. 6 Bond elections may be held on the first Tuesday after the first Monday in February but no 7 other issue shall be included on the ballot for such election. 8 2. Notwithstanding the provisions of subsection 1 of this section to the contrary, 9 an election for a presidential preference primary held pursuant to sections 115.755 to 10 115.785 shall be held on the first Tuesday in March of each presidential election year. 11 3. The following elections shall be exempt from the provisions of subsection 1 of this 12 section:
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1871 2
13 (1) Bond elections necessitated by fire, vandalism or natural disaster; 14 (2) Elections for which ownership of real property is required by law for voting; 15 (3) Special elections to fill vacancies and to decide tie votes or election contests; and 16 (4) Tax elections necessitated by a financial hardship due to a five percent or greater 17 decline in per-pupil state revenue to a school district from the previous year. 18 [3.] 4. Nothing in this section prohibits a charter city or county from having its 19 primary election in March if the charter provided for a March primary before August 28, 20 1999. 21 [4.] 5. Nothing in this section shall prohibit elections held pursuant to section 65.600, 22 but no other issues shall be on the March ballot except pursuant to this chapter. 115.125. 1. Not later than 5:00 p.m. on the tenth Tuesday prior to any election, 2 except a special election to decide an election contest, tie vote or an election to elect seven 3 members to serve on a school board of a district pursuant to section 162.241, or a delay in 4 notification pursuant to subsection [3] 2 of this section, or pursuant to the provisions of 5 section 115.399, the officer or agency calling the election shall notify the election authorities 6 responsible for conducting the election. The notice shall be in writing, shall specify the name 7 of the officer or agency calling the election and shall include a certified copy of the legal 8 notice to be published pursuant to subsection 2 of section 115.127. The notice and any other 9 information required by this section may, with the prior notification to the election authority 10 receiving the notice, be accepted by email or facsimile transmission prior to 5:00 p.m. on the 11 tenth Tuesday prior to the election[, provided that the original copy of the notice and a 12 certified copy of the legal notice to be published shall be received in the office of the election 13 authority within three business days from the date of the facsimile transmission. 14 2. In lieu of a certified copy of the legal notice to be published pursuant to subsection 15 2 of section 115.127, each notice of a special election to fill a vacancy shall include the name 16 of the office to be filled, the date of the election and the date by which candidates must be 17 selected or filed for the office. Not later than the sixth Tuesday prior to any special election to 18 fill a vacancy called by a political subdivision or special district, the officer or agency calling 19 the election shall certify a sample ballot to the election authorities responsible for conducting 20 the election]. 21 [3.] 2. Except as provided for in sections 115.247 and 115.359, if there is no 22 additional cost for the printing or reprinting of ballots or if the political subdivision or special 23 district calling for the election agrees to pay any printing or reprinting costs, a political 24 subdivision or special district may, at any time after certification of the notice of election 25 required in subsection 1 of this section, but no later than 5:00 p.m. on the eighth Tuesday 26 before the election, be permitted to make late notification to the election authority pursuant to 27 court order, which, except for good cause shown by the election authority in opposition HB 1871 3
28 thereto, shall be freely given upon application by the political subdivision or special district to 29 the circuit court of the area of such subdivision or district. No court shall have the authority 30 to order an individual or issue be placed on the ballot less than eight weeks before the date of 31 the election. 115.127. 1. Except as provided in subsection 4 of this section, upon receipt of notice 2 of a special election to fill a vacancy submitted pursuant to subsection 2 of section 115.125, 3 the election authority shall cause legal notice of the special election to be published in a 4 newspaper of general circulation in its jurisdiction. The notice shall include the name of the 5 officer or agency calling the election, the date and time of the election, the name of the office 6 to be filled and the date by which candidates must be selected or filed for the office. Within 7 one week prior to each special election to fill a vacancy held in its jurisdiction, the election 8 authority shall cause legal notice of the election to be published in two newspapers of 9 different political faith and general circulation in the jurisdiction. The legal notice shall 10 include the date and time of the election, the name of the officer or agency calling the election 11 and a sample ballot. If there is only one newspaper of general circulation in the jurisdiction, 12 the notice shall be published in the newspaper within one week prior to the election. If there 13 are two or more newspapers of general circulation in the jurisdiction, but no two of opposite 14 political faith, the notice shall be published in any two of the newspapers within one week 15 prior to the election. 16 2. Except as provided in subsections 1 and 4 of this section and in sections 115.521, 17 115.549 and 115.593, the election authority shall cause legal notice of each election held in its 18 jurisdiction to be published. The notice shall be published in two newspapers of different 19 political faith and qualified pursuant to chapter 493 which are published within the bounds of 20 the area holding the election. If there is only one so-qualified newspaper, then notice shall be 21 published in only one newspaper. If there is no newspaper published within the bounds of the 22 election area, then the notice shall be published in two qualified newspapers of different 23 political faith serving the area. Notice shall be published twice, the first publication occurring 24 in the second week prior to the election, and the second publication occurring within one 25 week prior to the election. Each such legal notice shall include the date and time of the 26 election, the name of the officer or agency calling the election and a sample ballot; and, unless 27 notice has been given as provided by section 115.129, the second publication of notice of the 28 election shall include the location of polling places. The election authority may provide any 29 additional notice of the election it deems desirable. 30 3. The election authority shall print the official ballot as the same appears on the 31 sample ballot, and no candidate's name or ballot issue which appears on the sample ballot or 32 official printed ballot shall be stricken or removed from the ballot except on death of a HB 1871 4
33 candidate or by court order, but in no event shall a candidate or issue be stricken or removed 34 from the ballot less than eight weeks before the date of the election. 35 4. In lieu of causing legal notice to be published in accordance with any of the 36 provisions of this chapter, the election authority in jurisdictions which have less than seven 37 hundred fifty registered voters and in which no newspaper qualified pursuant to chapter 493 is 38 published, may cause legal notice to be mailed during the second week prior to the election, 39 by first class mail, to each registered voter at the voter's voting address. All such legal notices 40 shall include the date and time of the election, the location of the polling place, the name of 41 the officer or agency calling the election and a sample ballot. 42 5. If the opening date for filing a declaration of candidacy for any office in a political 43 subdivision or special district is not required by law or charter, the opening filing date shall be 44 8:00 a.m., the [seventeenth] sixteenth Tuesday prior to the election. If the closing date for 45 filing a declaration of candidacy for any office in a political subdivision or special district is 46 not required by law or charter, the closing filing date shall be 5:00 p.m., the [fourteenth] 47 thirteenth Tuesday prior to the election, or if the thirteenth Tuesday prior to the election 48 is a state or federal holiday, the closing filing date shall be 5:00 p.m. on the next day that 49 is not a state or federal holiday. The political subdivision or special district calling an 50 election shall, before the [seventeenth] sixteenth Tuesday, prior to any election at which 51 offices are to be filled, notify the general public of the opening filing date, the office or offices 52 to be filled, the proper place for filing and the closing filing date of the election. Such 53 notification may be accomplished by legal notice published in at least one newspaper of 54 general circulation in the political subdivision or special district. 55 6. Except as provided for in sections 115.247 and 115.359, if there is no additional 56 cost for the printing or reprinting of ballots or if the candidate agrees to pay any printing or 57 reprinting costs, a candidate who has filed for an office or who has been duly nominated for 58 an office may, at any time after the certification of the notice of election required in 59 subsection 1 of section 115.125 but no later than 5:00 p.m. on the eighth Tuesday before the 60 election, withdraw as a candidate pursuant to a court order, which, except for good cause 61 shown by the election authority in opposition thereto, shall be freely given upon application 62 by the candidate to the circuit court of the area of such candidate's residence. 115.233. [Within] At least fourteen days prior to an election and no less than one 2 week prior to an election at which an electronic voting system is to be used, the election 3 authority shall have the automatic tabulating equipment tested to ascertain that the equipment 4 is in compliance with the law and that it will correctly count the votes cast for all offices and 5 on all questions. At least forty-eight hours prior to the test, notice of the time and place of the 6 test shall be mailed to each independent and new party candidate and the chairman of the 7 county committee of each established political party named on the ballot. The test shall be HB 1871 5
8 observed by at least two persons designated by the election authority, one from each major 9 political party, and shall be open to representatives of the political parties, candidates, the 10 news media and the public. The test shall be conducted by processing a preaudited group of 11 ballots. If any error is detected, the cause shall be ascertained and corrected, and an errorless 12 count shall be made before the tabulating equipment is approved. 115.277. 1. A registered voter of this state may cast an absentee ballot in person at a 2 location designated by the election authority for all candidates and issues for which such voter 3 is eligible to vote at the polling place if such voter expects to be prevented from going to the 4 polls to vote on election day due to one of the reasons listed in subsection 3 of this section. A 5 registered voter casting a ballot under the provisions of this subsection shall provide a form of 6 personal photo identification that is consistent with subsection 1 of section 115.427. 7 Beginning on the [second] fourth Tuesday prior to an election, a reason listed under 8 subsection 3 of this section shall not be required, provided that, the provisions of section 9 1.140 to the contrary notwithstanding, this sentence and section 115.427 shall be 10 nonseverable, and if any provision of section 115.427 is for any reason held to be invalid, 11 such decision shall invalidate this sentence. 12 2. Except as provided in subsections 4, 5, and 6 of this section, a registered voter of 13 this state may cast an absentee ballot not in person at a location designated by the election 14 authority for all candidates and issues for which such voter would be eligible to vote at the 15 polling place if such voter expects to be prevented from going to the polls to vote on election 16 day due to one of the reasons listed in subsection 3 of this section. An absentee ballot that is 17 not requested and completed in person at the office of the election authority with a form of 18 personal photo identification that is consistent with subsection 1 of section 115.427 shall have 19 the statement on the ballot envelope notarized as required under section 115.283, except that 20 absentee ballots requested under subdivisions (2) and (5) of subsection 3 of this section shall 21 not require notarization. This subsection shall apply only in the case of absentee ballots that 22 are not cast in person. 23 3. A voter may request an absentee ballot for any of the following reasons: 24 (1) Absence on election day from the jurisdiction of the election authority in which 25 such voter is registered to vote; 26 (2) Incapacity or confinement due to illness or physical disability on election day, 27 including a person who is primarily responsible for the physical care of a person who is 28 incapacitated or confined due to illness or disability and resides at the same address; 29 (3) Religious belief or practice; 30 (4) Employment as: 31 (a) An election authority, as a member of an election authority, or by an election 32 authority at a location other than such voter's polling place; HB 1871 6
33 (b) A first responder; 34 (c) A health care worker; or 35 (d) A member of law enforcement; 36 (5) Incarceration, provided all qualifications for voting are retained; 37 (6) Certified participation in the address confidentiality program established under 38 sections 589.660 to 589.681 because of safety concerns. 39 4. Any covered voter who is eligible to register and vote in this state may vote in any 40 election for federal office, statewide office, state legislative office, or statewide ballot 41 initiatives by submitting a federal postcard application to apply to vote by absentee ballot or 42 by submitting a federal postcard application at the [polling place] office of the election 43 authority on election day, even though the person is not registered. A federal postcard 44 application submitted by a covered voter pursuant to this subsection shall also serve as a voter 45 registration application under section 115.908 and the election authority shall, if satisfied that 46 the applicant is entitled to register, place the voter's name on the voter registration file. Each 47 covered voter may vote by absentee ballot or, upon submitting an affidavit that the person is 48 qualified to vote in the election, may vote at the person's polling place. 49 5. Any interstate former resident may vote by absentee ballot or at the office of the 50 election authority on election day for presidential and vice presidential electors. 51 6. Any new resident may vote by absentee ballot or at the office of the election 52 authority on election day for presidential and vice presidential electors after registering to 53 vote in such resident's new jurisdiction of residence. 115.284. 1. There is hereby established an absentee voting process to assist persons 2 with permanent disabilities in the exercise of their voting rights. 3 2. The local election authority shall send an application to participate in the absentee 4 voting process set out in this section to any registered voter residing within the election 5 authority's jurisdiction upon request. 6 3. Upon receipt of a properly completed application, the election authority shall enter 7 the voter's name on a list of voters qualified to participate as absentee voters pursuant to this 8 section. 9 4. The application to participate in the absentee voting process shall be in 10 substantially the following form: 11 State of _________ 12 County (City) of _________ 13 I, _________ (print applicant's name), declare that I am a resident and 14 registered voter of _________ County, Missouri, and am permanently 15 disabled. I hereby request that my name be placed on the election 16 authority's list of voters qualified to participate as absentee voters pursuant HB 1871 7
17 to section 115.284, and that I be delivered an absentee ballot application for 18 each election in which I am eligible to vote. 19 __________________ 20 Signature of Voter 21 _________ 22 _________ 23 Voter's Address 24 5. Not earlier than ten weeks before an election but prior to the