SECOND REGULAR SESSION

HOUSE BILL NO. 2114 103RD GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE STEINHOFF.

4892H.01I JOSEPH ENGLER, Chief Clerk

AN ACT To repeal section 115.427, RSMo, and to enact in lieu thereof two new sections relating to elections.

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

Section A. Section 115.427, RSMo, is repealed and two new sections enacted in lieu 2 thereof, to be known as sections 115.427 and 115.640, to read as follows: 115.427. 1. Persons seeking to vote in a public election shall establish their identity 2 and eligibility to vote at the polling place or, if voting absentee in person under section 3 115.277, at the office of the election authority or other authorized location designated by the 4 election authority by presenting a form of personal photo identification to election officials. 5 No form of personal photo identification other than the forms listed in this section shall be 6 accepted to establish a voter's qualifications to vote. Forms of personal photo identification 7 that satisfy the requirements of this section are any one of the following: 8 (1) Nonexpired Missouri driver's license; 9 (2) Nonexpired or nonexpiring Missouri nondriver's license; 10 (3) A nonexpired student identification card issued by a Missouri high school, as 11 defined in section 160.011, or an accredited institution of higher education within the 12 state of Missouri; 13 (4) A document that satisfies all of the following requirements: 14 (a) The document contains the name of the individual to whom the document was 15 issued, and the name substantially conforms to the most recent signature in the individual's 16 voter registration record; 17 (b) The document shows a photograph of the individual;

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 2114 2

18 (c) The document includes an expiration date, and the document is not expired, or, if 19 expired, the document expired after the date of the most recent general election; and 20 (d) The document was issued by the United States or the state of Missouri; or 21 [(4)] (5) Any identification containing a photograph of the individual which is issued 22 by the Missouri National Guard, the United States Armed Forces, including the Space Force, 23 or the United States Department of Veteran Affairs to a member or former member of the 24 Missouri National Guard or the United States Armed Forces, including the Space Force, and 25 that is not expired or does not have an expiration date. 26 2. (1) An individual who appears at a polling place without a form of personal 27 identification described in subsection 1 of this section and who is otherwise qualified to vote 28 at that polling place shall be allowed to cast a provisional ballot. The election judges shall 29 make a notation on the provisional ballot envelope to indicate that the voter's identity was not 30 verified. 31 (2) No person shall be entitled to receive a provisional ballot until such person has 32 completed a provisional ballot affidavit on the provisional ballot envelope. All provisional 33 ballots shall be marked with a conspicuous stamp or mark that makes them distinguishable 34 from other ballots. 35 (3) The provisional ballot envelope shall be completed by the voter for use in 36 determining the voter's eligibility to cast a ballot. 37 3. The provisional ballot envelope shall provide a place for the voter's name, address, 38 date of birth, and last four digits of his or her Social Security number, followed by a 39 certificate in substantially the following form: 40 I do solemnly swear that I am the person identified above and the 41 information provided is correct. I understand that my vote will not be 42 counted unless: 43 (1) (a) I return to this polling place today between 6:00 a.m. and 7:00 44 p.m. and provide one of the following forms of identification: 45 a. Nonexpired Missouri driver's license; 46 b. Nonexpired or nonexpiring Missouri nondriver's license; 47 c. A document that satisfies all of the following requirements: 48 (i) The document contains my name, in substantially the same form as 49 the most recent signature on my voter registration record; 50 (ii) The document contains my photograph; 51 (iii) The document contains an expiration date and is not expired, or if 52 expired, the document expired after the date of the most recent general 53 election; and HB 2114 3

54 (iv) The document was issued by the United States or the state of 55 Missouri; [or] 56 d. Identification containing my photograph issued to me by the 57 Missouri National Guard, the United States Armed Forces, including 58 Space Force, or the United States Department of Veteran Affairs as a 59 member or former member of the Missouri National Guard or the 60 United States Armed Forces that is not expired or does not have an 61 expiration date; or 62 e. Nonexpired student identification card issued by a Missouri 63 high school, as defined in section 160.011, or an accredited 64 institution of higher education within the state of Missouri; or 65 (b) The election authority verifies my identity by comparing my 66 signature on this envelope to the signature on file with the election 67 authority and determines that I was eligible to cast a ballot at this 68 polling place; and 69 (2) This provisional ballot otherwise qualifies to be counted under the 70 laws of the State of Missouri. 71 __________________ ____________________ 72 Signature of Voter Date 73 __________________ ____________________ 74 Signature of Election Officials 75 76 Once voted, the provisional ballot shall be sealed in the provisional ballot envelope and 77 placed in a separate secured container by the election judge. 78 4. The provisional ballot cast by such voter shall not be counted unless: 79 (1) (a) The voter returns to the polling place during the uniform polling hours 80 established by section 115.407 and provides a form of personal identification that allows the 81 election judges to verify the voter's identity as provided in subsection 1 of this section; or 82 (b) The election authority verifies the identity of the individual by comparing that 83 individual's signature to the signature on file with the election authority and determines that 84 the individual was eligible to cast a ballot at the polling place where the ballot was cast; and 85 (2) The provisional ballot otherwise qualifies to be counted under section 115.430. 86 5. The secretary of state shall provide notice of the personal photo identification 87 requirements described in subsection 1 of this section on the official state internet website of 88 the secretary of state. HB 2114 4

89 6. (1) Notwithstanding the provisions of section 136.055 and section 302.181 to the 90 contrary, the state and all fee offices shall provide one nondriver's license at no cost to any 91 otherwise qualified voter who does not already possess such identification and who desires 92 the identification for voting. 93 (2) This state and its agencies shall provide one copy of each of the following, free of 94 charge, if needed by an individual seeking to obtain a form of personal photo identification 95 described in subsection 1 of this section in order to vote: 96 (a) A birth certificate; 97 (b) A marriage license or certificate; 98 (c) A divorce decree; 99 (d) A certificate of decree of adoption; 100 (e) A court order changing the person's name; 101 (f) A Social Security card reflecting an updated name; and 102 (g) Naturalization papers or other documents from the United States Department of 103 State proving citizenship. 104 105 Any individual seeking one of the above documents in order to obtain a form of personal 106 photo identification described in subsection 1 of this section for voting may request the 107 secretary of state to facilitate the acquisition of such documents. The secretary of state shall 108 pay any fee or fees charged by another state or its agencies, or any court of competent 109 jurisdiction in this state or any other state, or the federal government or its agencies, in order 110 to obtain any of the above documents from such state or the federal government. 111 (3) Any applicant who requests a nondriver's license for voting shall not be required 112 to pay a fee. The state of Missouri shall pay the legally required fees for any such applicant. 113 The department of revenue and a local election authority may enter into a contract that allows 114 the local election authority to assist the department in issuing nondriver's license photo 115 identifications. 116 7. The director of the department of revenue shall, by January first of each year, 117 prepare and deliver to each member of the general assembly a report documenting the number 118 of individuals who have requested and received a nondriver's license photo identification for 119 the purposes of voting under this section. The report shall also include the number of persons 120 requesting a nondriver's license for purposes of voting under this section, but not receiving 121 such license, and the reason for the denial of the nondriver's license. 122 8. The precinct register shall serve as the voter identification certificate. The 123 following form shall be printed at the top of each page of the precinct register: 124 VOTER'S IDENTIFICATION CERTIFICATE HB 2114 5

125 Warning: It is against the law for anyone to vote, or attempt to vote, 126 without having a lawful right to vote. 127 PRECINCT 128 WARD OR TOWNSHIP ______ 129 GENERAL (SPECIAL, PRIMARY) ELECTION 130 Held ______, 20______ 131 Date 132 I hereby certify that I am qualified to vote at this election by signing 133 my name and verifying my address by signing my initials next to my 134 address. 135 9. The secretary of state shall promulgate rules to effectuate the provisions of this 136 section. 137 10. Any rule or portion of a rule, as that term is defined in section 536.010, that is 138 created under the authority delegated in this section shall become effective only if it complies 139 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. 140 This section and chapter 536 are nonseverable and if any of the powers vested with the 141 general assembly pursuant to chapter 536 to review, to delay the effective date or to 142 disapprove and annul a rule are subsequently held unconstitutional, then the grant of 143 rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid 144 and void. 145 11. If any voter is unable to sign his name at the appropriate place on the certificate or 146 computer printout, an election judge shall print the name and address of the voter in the 147 appropriate place on the precinct register, the voter shall make his mark in lieu of signature, 148 and the voter's mark shall be witnessed by the signature of an election judge. 115.640. 1. Any student entitled to vote at any election held within this state 2 shall, on the day of such election, be entitled to absent himself or herself from school for 3 a period of three hours between the time of opening and the time of closing the polls for 4 the purpose of voting, and any absence for such purpose shall be counted as excused, 5 and such student, if he or she votes, shall not, because of so absenting himself or herself, 6 be liable to any penalty or discipline, provided that a request shall be made for such 7 leave of absence prior to the day of such election. The school may designate any three 8 hours between the time of opening and the time of closing the polls during which such 9 student may absent himself or herself. 10 2. Each school district shall adopt and implement a written policy relating to 11 absences excused under this section beginning with the 2026-27 school year. The 12 department of elementary and secondary education shall develop a model policy HB 2114 6

13 relating to absences excused under this section that all school districts may adopt. Such 14 policy shall be completed and made available to school districts beginning with the 2026- 15 27 school year. ✔

Statutes affected:
Introduced (4892H.01): 115.427, 115.640