HOUSE BILL NO. 2728 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE APPELBAUM.
4361H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 115.175, RSMo, and to enact in lieu thereof two new sections relating to the Missouri voter fraud prevention act, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 115.175, RSMo, is repealed and two new sections enacted in lieu 2 thereof, to be known as sections 115.175 and 115.975, to read as follows: 115.175. Any person who knowingly or willfully gives any false information for the 2 purpose of establishing his eligibility to register to vote or who conspires with another person 3 for the purpose of encouraging his false registration or illegal vote, or who pays or offers to 4 pay, accepts or offers to accept payment for registering to vote or for voting, or who otherwise 5 willfully and fraudulently furnishes false information to a registration official for the purpose 6 of causing a false or fictitious registration, or who registers to vote with the intention of 7 voting more than once in the same election shall be guilty of a class one election offense. 8 Errors in the statewide voter registration system shall not amount to a class one election 9 offense unless the individual knowingly or willfully provided false information that led 10 to the error. 115.975. 1. This section shall be known and may be cited as the "Missouri Voter 2 Fraud Prevention Act". 3 2. Notwithstanding any other manner of voter registration under this chapter, 4 every eligible voter in the state shall be automatically registered to vote as provided in 5 this section unless the voter indicates that he or she does not want to be registered to 6 vote.
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 2728 2
7 3. (1) As used in this section, the term "source agency" shall mean the 8 department of revenue, the department of social services, local housing authorities, the 9 University of Missouri system, the department of corrections, the department of labor, 10 the department of health and senior services, the bureau of vital records, local health 11 departments, recorders of deeds, and any other agency designated by the secretary of 12 state as provided in subdivision (2) of this subsection. 13 (2) The secretary of state may designate additional state agencies to serve as 14 sources for voter registration information. In designating additional agencies, the 15 secretary of state shall consider: 16 (a) The likelihood that the agency's records contain information about a large 17 number of eligible citizens; 18 (b) The extent to which the agency's records reflect eligible citizens who would 19 not otherwise be registered to vote; 20 (c) The accuracy of personal identification information stored in the records; 21 and 22 (d) Any additional factors the secretary of state determines are reasonably 23 related to achieving automatic voter registration. 24 4. (1) The following actions shall result in an individual's automatic voter 25 registration or an update to the information of an already registered voter if the 26 individual otherwise meets the requirements to register to vote: 27 (a) Completing an application for a new or renewed driver's license, nondriver 28 identification card, driver's permit, or certification of supervised driving that is not a 29 request for duplication of a lost or stolen card with the department of revenue or 30 notifying the department in writing of a change in his or her name or mailing address; 31 (b) Completing an application for services or renewal of services or change of 32 address relating to services from the department of social services; 33 (c) Completing an application for services or renewal of services or change of 34 address relating to services from a local housing authority; 35 (d) Registering for classes at an institution of the University of Missouri system; 36 (e) Completing an application for unemployment benefits; 37 (f) Filing a death certificate with the bureau of vital records or local health 38 department; 39 (g) Submitting a form by the department of corrections to the secretary of state 40 that confirms an individual has been discharged from probation, parole, or 41 incarceration; the discharge is nonconditional; and the individual's place of residence 42 upon release; or HB 2728 3
43 (h) Completing an application with a source agency, as that term is defined in 44 subdivision (1) of subsection 3 of this section. 45 (2) When a source agency assists an individual with any of the activities in 46 paragraphs (a) to (h) of subdivision (1) of this subsection, the source agency shall, at 47 least monthly, provide the following information for each individual to the secretary of 48 state: 49 (a) Full name; 50 (b) Mailing and residential addresses; 51 (c) Date of birth; 52 (d) Proof of citizenship or attestation of eligibility; 53 (e) Driver's license or nondriver identification card number or the last four 54 numbers of the individual's Social Security number; and 55 (f) An image of the individual's signature. 56 57 In the event that the source agency does not have or does not provide an image of the 58 individual's signature, the secretary of state shall develop a method for indicating that 59 the voter is required to provide his or her signature and an acceptable form of voter 60 identification when applying for an absentee ballot or before voting at a polling place on 61 election day. 62 (3) Upon receipt of the information in subdivision (2) of this subsection, the 63 secretary of state shall identify individuals who are eligible to register to vote but are not 64 registered and shall promptly send each individual a written notice with the following 65 information: 66 (a) An explanation that voter registration is voluntary, but if the individual does 67 not expressly decline registration, he or she will be registered to vote; 68 (b) A statement offering the opportunity to decline to register to vote, that 69 registration shall be declined within forty-five days after the date that the notice is 70 postmarked, and that the decision to decline voter registration shall remain 71 confidential; 72 (c) The voter eligibility requirements and a statement that the individual shall 73 decline registration if he or she does not satisfy the requirements; 74 (d) Penalties for submission of false information; and 75 (e) Instructions for correcting incorrect information. 76 77 The written notice shall include a form that may be signed and returned in a prepaid 78 envelope to decline voter registration. If an individual fails to decline voter registration HB 2728 4
79 within forty-five days from the date the notice is postmarked, the individual shall be 80 registered to vote. 81 5. The secretary of state shall develop a form that source agencies may utilize to 82 assist in collecting the information required under paragraphs (a) to (f) of subdivision 83 (2) of subsection 4 of this section. The form shall contain the following information: 84 (1) An explanation that voter registration is voluntary but if the individual does 85 not expressly decline registration, he or she will be registered to vote; 86 (2) A statement offering the opportunity to decline to register to vote, the method 87 by which the individual may decline registration, and a statement that the decision to 88 decline voter registration shall remain confidential; 89 (3) The voter eligibility requirements and a statement that the individual 90 declines registration if he or she does not satisfy the requirements; 91 (4) Penalties for submission of false information; and 92 (5) A statement that the benefits or services sought from the source agency shall 93 not be affected by the individual's decision to register or decline to register to vote. 94 6. The secretary of state and source agencies shall collaborate on the best 95 methods for complying with the requirements of this section. The secretary of state 96 shall make rules regarding the implementation of this section and shall be responsible 97 for providing training programs for source agencies. All source agencies shall comply 98 with rules established by the secretary of state to assist with the implementation of 99 automatic voter registration. 100 7. The secretary of state may promulgate rules to assist in the implementation of 101 this section. Any rule or portion of a rule, as that term is defined in section 536.010, that 102 is created under the authority delegated in this section shall become effective only if it 103 complies with and is subject to all of the provisions of chapter 536 and, if applicable, 104 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 105 vested with the general assembly pursuant to chapter 536 to review, to delay the 106 effective date, or to disapprove and annul a rule are subsequently held unconstitutional, 107 then the grant of rulemaking authority and any rule proposed or adopted after August 108 28, 2026, shall be invalid and void. ✔
Statutes affected: