115.104.  Youth election participant — oath — nomination procedure — qualifications — election authorities and judges to direct, powers and duties — high schools may offer preparatory courses. — 1.  As used in this section, the term "participant" means a Missouri youth election participant.

  2.  Notwithstanding any other law to the contrary, any person more than fifteen years of age but less than eighteen years of age who is in full-time attendance in a school of this state may aid and assist any election judge or election authority authorized or appointed pursuant to this chapter.  Such person shall be known as "Missouri Youth Election Participants" and shall, before entering upon the duties related to an election conducted pursuant to this chapter, take and subscribe the following oath, which shall be signed by the participant and an original copy thereof delivered to the election authority:

 | I solemnly swear or affirm that I will impartially discharge the duties of a Missouri youth election participant by following to the best of my ability the instructions of any election judge, election authority, or teacher of my school. I also swear or affirm that I will not disclose how any voter has voted unless I am told to do so by an election judge, election authority, or a court of law in a proper judicial proceeding. I also swear or affirm that I will make no statement nor give any information of any kind tending in any way to show the state of the count of votes prior to the close of the polls on election day, nor will I make any statement during the conduct of my duties which tends to show my preferences for any issue or candidate involved in the election.
 |   |   | __________________ 
 | Signature of Missouri Youth
 | Election Participant

  3.  If, in the opinion of the chief administrative officer of any high school of this state, the appointment of students in the tenth, eleventh or twelfth grade as Missouri youth election participants would benefit those persons involved and the election process, the officer may nominate such persons as participants.  The chief administrative officer shall establish the academic and behavioral standards for qualification, but persons nominated shall, at a minimum:

  (1)  Have demonstrated age-appropriate academic ability and demeanor;

  (2)  Be a person of good repute who can speak, read and write the English language; and

  (3)  Not be related within the second degree of consanguinity or affinity to any person whose name appears on the ballot, except that no participant shall be disqualified if related within such degree to an unopposed candidate.

  4.  The chief administrative officer of the school shall transmit a written list of nominees to the election authority of the jurisdiction at least sixty days prior to the election.  If, in the opinion of the election authority, the appointment of participants nominated pursuant to this section would not be disruptive to the election process, the election authority may appoint any number of participants for each polling place or place where votes are to be counted within its jurisdiction.  Such appointment shall include a schedule of the time during which the participant is expected to serve.  Nothing in this section shall be construed to mandate the appointment of any participant if, in the sole discretion of the election authority, the presence of such participants in any polling place or place where votes are counted would be disruptive to the orderly election process.

  5.  Subject to the provisions of this section and under the direct supervision of the election authority or election judges, each participant may assist in the administration of the polling place, assist in the counting of votes, assist in the execution of any administrative duty of any election authority or election judge, and perform any other election-day-related duty as instructed.

  6.  Each election authority and election judge appointed pursuant to this chapter shall have the authority to direct any Missouri youth election participant in his duties and to compel compliance with law.  Each election authority may, in its sole discretion, substitute participants on or before election day.  Each election authority or election judge shall have the authority at any time to take any action necessary to remove any participant from any polling place or place where votes are being counted.  It shall be the duty of any law enforcement officer, if requested by the election authority or judges of election, to exclude any participant from the polling place or place where votes are being counted.

  7.  In order to best prepare students for duty as Missouri youth election participants pursuant to this section, each high school of this state may offer a course of instruction in the democratic electoral process which concentrates upon the election law of this state.  The high school may require successful completion of such a course prior to qualification for nomination as a Missouri youth election participant.

115.105.  Challengers, how selected, qualifications — challenges, when made — challengers may collect certain information at presidential primary elections — challenges, how made. — 1.  The chair of the county committee of each political party named on the ballot shall have the right to designate a challenger for each polling place, who may be present until all ballots are cast on the day of election, and a challenger for each location at which absentee ballots are counted, who may be present while the ballots are being prepared for counting and counted.  No later than four business days before the election, the chair of each county committee of each political party named on the ballot shall provide signed official designation forms with the names of the designated challengers and substitutes to the local election authority for confirmation of eligibility to serve as a challenger.  The local election authority, after verifying the eligibility of each designated and substitute challenger, shall sign off on the official designation forms, unless the challenger is found not to have the qualifications established by subsection 5 of this section.  If the election authority determines that a challenger does not meet the qualifications of subsection 5 of this section, the designating party chair may designate a replacement challenger and provide the local election authority with the name of the replacement challenger before 5:00 p.m. of the Monday preceding the election.  The designating chair may substitute challengers at his or her discretion during such hours.

  2.  Challenges may only be made when the challenger believes the election laws of this state have been or will be violated, and each challenger shall report any such belief to the election judges, or to the election authority if not satisfied with the decision of the election judges.

  3.  Prior to the close of the polls, challengers may list and give out the names of those who have voted.  The listing and giving out of names of those who have voted by a challenger shall not be considered giving information tending to show the state of the count.

  4.  In a presidential primary election, challengers may collect information about the party ballot selected by the voter and may disclose party affiliation information after the polls close.

  5.  All persons selected as challengers shall have the same qualifications required by section 115.085 for election judges, except that such challenger shall be a registered voter in the jurisdiction of the election authority for which the challenger is designated as a challenger.

  6.  Any challenge by a challenger to a voter's identification for validity shall be made only to the election judges or other election authority.  If the poll challenger is not satisfied with the decision of the election judges, then he or she may report his or her belief that the election laws of this state have been or will be violated to the election authority as allowed under this section.

 115.106.  Persons administering youth election admitted to polling place — oath — misconduct, removal for. — 1.  Before being permitted to enter the polling place, each person designated by the election authority to administer a simulated youth election shall take the following oath:

 | I do solemnly swear that I will make no statement nor give any information of any kind tending in any way to show the state of the count prior to the close of the polls on election day.
 | Sworn and subscribed to before me this _________  day of _________ , 20_________ 
 | __________________  |   | 
 | Simulated Youth Election Administrator
 | __________________  |   | 
 | Judge of Election

  2.  If any person admitted to the polling place to administer or participate in a simulated youth election interferes with the orderly process of voting, or is guilty of misconduct or any law violation, the election judges shall ask the person to leave the polling place or cease the interference.  If the interference continues, the election judges shall notify the election authority, which shall take such action as it deems necessary.  It shall be the duty of the police, if requested by the election authority or judges of election, to exclude any such person from the polling place or the place where votes are being counted.

 115.107.  Watchers, how selected, qualifications, duties. — 1.  At every election, the chairman of the county committee of each political party named on the ballot shall have the right to designate a watcher for each place votes are counted.

  2.  Watchers are to observe the counting of the votes and present any complaint of irregularity or law violation to the election judges, or to the election authority if not satisfied with the decision of the election judges.  No watcher may be substituted for another on election day.

  3.  No watcher shall report to anyone the name of any person who has or has not voted.

  4.  A watcher may remain present until all closing certification forms are completed, all equipment is closed and taken down, the transportation case for the ballots is sealed, election materials are returned to the election authority or to the designated collection place for a polling place, and any other duties or procedures required under sections 115.447 to 115.491 are completed.  A watcher may also remain present at each location at which absentee ballots are counted and may remain present while such ballots are being prepared for counting and counted.

  5.  All persons selected as watchers shall have the same qualifications required by section 115.085 for election judges, except that such watcher shall be a registered voter in the jurisdiction of the election authority for which the watcher is designated as a watcher.

 115.109.  Oath of challengers and watchers. — Before entering upon his duties, each challenger and watcher shall take the following oath:

 | I do solemnly swear that I will make no statement nor give any information of any kind tending in any way to show the state of the count prior to the close of the polls on election day.
 | Sworn and subscribed to before me
 | this _________  day of _________ , 20_________ 
 | __________________ 
 | Challenger or Watcher
 | __________________ 
 | Judge of Election

 115.111.  Improper conduct of challenger or watcher, how handled. — If any watcher or challenger interferes with the orderly process of voting, or is guilty of misconduct or any law violation, the election judges shall ask the watcher or challenger to leave the polling place or cease the interference.  If the interference continues, the election judges shall notify the election authority, which shall take such action as it deems necessary.  It shall be the duty of the police, if requested by the election authority or judges of election, to exclude any watcher or challenger from the polling place or the place where votes are being counted.  If any challenger is excluded, another may be substituted by the designating committee chairman.

115.447.  Definitions. — 1.  As used in this subchapter, unless the context clearly implies otherwise, the following terms shall mean:

  (1)  "Counting judges" are the two judges, one from each major political party, who read each vote received by all candidates and each vote for and against all questions at a polling place;

  (2)  "Receiving judges" are the two judges, one from each major political party, who initial each voter's ballot at a polling place;

  (3)  "Recording judges" are the two judges, one from each major political party, who tally the votes received by each candidate and for and against each question at a polling place.  These terms describe functions rather than individuals, and any election judge may perform more than one function at a polling place on election day.

  2.  As used in this subchapter, unless the context clearly implies otherwise, the following terms shall mean:

  (1)  "Defective ballot" is any ballot card on which the number of write-in votes and votes cast on the ballot card for any office exceed the number allowed by law, and any ballot card which is bent or damaged so that it cannot be properly counted by automatic tabulating equipment;

  (2)  "Rejected ballot" is any ballot on which no votes are counted because the ballot fails to have the initials of the proper election judges, because the number of votes for all offices and on all questions exceeds the number authorized by law, because the voter is deemed by the election judges to be unqualified, because it is an absentee ballot not accompanied by a completed and signed affidavit, or because the ballot was voted with unlawful assistance;

  (3)  "Spoiled ballot" is any ballot accidentally spoiled by a voter and replaced by election judges in the manner provided in subsection 2* of section 115.439.

115.449.  Ballots, when and how counted. — 1.  As soon as the polls close in each polling place using paper ballots, the election judges shall begin to count the votes.  If earlier counting is begun pursuant to section 115.451, the election judges shall complete the count in the manner provided by this section.  Once begun, no count shall be adjourned or postponed until all proper votes have been counted.

  2.  One counting judge, closely observed by the other counting judge, shall take the ballots out of the ballot box one at a time and, holding each ballot in such a way that the other counting judge may read it, shall read the name of each candidate properly voted for and the office sought by each.  As each vote is called out, the recording judges shall each record the vote on a tally sheet.  The votes for and against all questions shall likewise be read and recorded.  If more than one political subdivision or special district is holding an election on the same day at the same polling place and using separate ballots, the counting judges may separate the ballots of each political subdivision and special district and first read one set, then the next and so on until all proper votes have been counted.

  3.  After the recording of all proper votes, the recording judges shall compare their tallies.  When the recording judges agree on the count, they shall sign both of the tally sheets, and one of the recording judges shall announce in a loud voice the total number of votes for each candidate and for and against each question.

  4.  After the announcement of the vote, the election judges shall record the vote totals in the appropriate places on each statement of returns.  If any tally sheet or statement of returns contains no heading for any question, the election judges shall write the necessary headings on the tally sheet or statement of returns.

115.451.  Judges may read and record votes before polls close, when — procedure to be followed. — If authorized by the election authority, the election judges may read and record votes before the close of the polls.  If so authorized, the election judges shall use one ballot box for the deposit of ballots during the first hour of voting.  At the end of the hour, the receiving judges shall deliver the ballot box to the counting and recording judges, who shall give the receiving judges a second empty ballot box.  The second ballot box shall be shown to be empty and locked in the manner provided in section 115.423.  The second ballot box shall not be opened or removed from public view from the time it is shown to be empty until the time the polls close or it is removed for counting pursuant to this section.  The ballot box containing the voted ballots shall be taken to a private area within the polling place, and the ballots shall be read and recorded in the manner provided by section 115.449.  In no case shall ballot boxes be switched at less than one hour intervals and then only if twenty-five or more ballots have been voted during the hour.

115.453.  Procedure for counting votes for candidates. — Election judges shall count votes for all candidates in the following manner:

  (1)  No candidate shall be counted as voted for, except a candidate before whose name a distinguishing mark appears preceding the name and a distinguishing mark does not appear in the square preceding the name of any candidate for the same office in another column.  Except as provided in this subdivision and subdivision (2) of this section, each candidate with a distinguishing mark preceding his or her name shall be counted as voted for;

  (2)  If distinguishing marks appear next to the names of more candidates for an office than are entitled to fill the office, no candidate for the office shall be counted as voted for.  If more than one candidate is to be nominated or elected to an office, and any voter has voted for the same candidate more than once for the same office at the same election, no votes cast by the voter for the candidate shall be counted;

  (3)  No vote shall be counted for any candidate that is not marked substantially in accordance with the provisions of this section.  The judges shall count votes marked substantially in accordance with this section and section 115.456 when the intent of the voter seems clear.  Regulations promulgated by the secretary of state shall be used by the judges to determine voter intent.  No ballot containing any proper votes shall be rejected for containing fewer marks than are authorized by law;

  (4)  Write-in votes shall be counted only for candidates for election to office who have filed a declaration of intent to be a write-in candidate for election to office with the proper election authority, who shall then notify the proper filing officer of the write-in candidate prior to 5:00 p.m. on the second Friday immediately preceding the election day; except that, write-in votes shall be counted only for candidates for election to state or federal office who have filed a declaration of intent to be a write-in candidate for election to state or federal office with the secretary of state pursuant to section 115.353 prior to 5:00 p.m. on the second Friday immediately preceding the election day.  No person who filed as a party or independent candidate for nomination or election to an office may, without withdrawing as provided by law, file as a write-in candidate for election to the same office for the same term.  No candidate who files for nomination to an office and is not nominated at a primary election may file a declaration of intent to be a write-in candidate for the same office at the general election.  When declarations are properly filed with the secretary of state, the secretary of state shall promptly transmit copies of all such declarations to the proper election authorities for further action pursuant to this section.  The election authority shall furnish a list to the election judges and counting teams prior to election day of all write-in candidates who have filed such declaration.  This subdivision shall not apply to elections wherein candidates are being elected to an office for which no candidate has filed.  No person shall file a declaration of intent to be a write-in candidate for election to any municipal office unless such person is qualified to be certified as a candidate under section 115.306;

  (5)  Write-in votes shall be cast and counted for a candidate without party designation.  Write-in votes for a person cast with a party designation shall not be counted.  Except for candidates for political party committees, no candidate shall be elected as a write-in candidate unless such candidate receives a separate plurality of the votes without party designation regardless of whether or not the total write-in votes for such candidate under all party and without party designations totals a majority of the votes cast;

  (6)  When submitted to the election authority, each declaration of intent to be a write-in candidate for the office of United States president shall include the name of a candidate for vice president and the name of nominees for presidential elector equal to the number to which the state is entitled.  At least one qualified resident of each congressional district shall be nominated as presidential elector.  Each such declaration of intent to be a write-in candidate shall be accompanied by a declaration of candidacy for each presidential elector in substantially the form set forth in subsection 3 of section 115.399.  Each declaration of candidacy for the office of presidential elector shall be subscribed and sworn to by the candidate before the election official receiving the declaration of intent to be a write-in, notary public or other officer authorized by law to administer oaths.

 115.455.  Procedure for counting votes on questions. — Election judges shall count votes on each question in the following manner:

  (1)  If a distinguishing mark appears immediately beside or below the "YES", the question shall be counted as voted for.  If a distinguishing mark appears immediately beside or below the "NO", the question shall be counted as voted against;

  (2)  If a distinguishing mark appears immediately beside or below the "YES" and immediately beside or below the "NO", the question shall neither be counted as voted for nor as voted against.

 115.456.  Responsibilities of election authority — counting optical scan ballots — counting paper ballots — marks indicating political party preference, how construed. — 1.  (1)  The election authority shall be responsible for ensuring that the standards provided for in this subsection are followed when counting ballots cast using optical scan voting systems.

  (2)  Prior to tabulating ballots, all machines shall be programmed to reject blank ballots where no votes are recorded or where an overvote is registered in any race.

  (3)  In jurisdictions using precinct-based tabulators, the voter who cast the ballot shall review the ballot if rejected, if the voter wishes to make any changes to the ballot, or if the voter would like to spoil the ballot and receive another ballot.

  (4)  In jurisdictions using centrally based tabulators, if a ballot is so rejected it shall be reviewed by a bipartisan team using the following criteria:

  (a)  If a ballot is determined to be damaged, the bipartisan team shall spoil the original ballot and duplicate the voter's intent on the new ballot, provided that there is an undisputed method of matching the duplicate card with its original after it has been placed with the remainder of the ballot cards from such precinct; and

  (b)  Voter intent shall be determined using the following criteria:

  a.  There is a distinguishing mark in the printed oval or divided arrow adjacent to the name of the candidate or issue preference;

  b.  There is a distinguishing mark adjacent to the name of the candidate or issue preference; or

  c.  The name of the candidate or issue preference is circled.

  (5)  In jurisdictions using optical scan systems, a valid vote for a write-in candidate shall include the following:

  (a)  A distinguishing mark in the designated location preceding the name of the candidate;

  (b)  The name of the candidate.  If the name of the candidate as written by the voter is substantially as declared by the candidate it shall be counted, or in those circumstances where the names of candidates are similar, the names of candidates as shown on voter registration records shall be counted; and

  (c)  The name of the office for which the candidate is to be elected.

  (6)  Whenever a hand recount of votes of optical scan ballots is ordered, the provisions of this subsection shall be used to determine voter intent.

  2.  (1)  The election authority shall be responsible for ensuring that the standards provided for in this subsection are followed when counting ballots cast using paper ballots.

  (2)  Voter intent shall be determined using the following criteria:

  (a)  There is a distinguishing mark in the square adjacent to the name of the candidate or issue preference;

  (b)  There is a distinguishing mark adjacent to the name of the candidate or issue preference; or

  (c)  The name of the candidate or issue preference is circled.

  (3)  In jurisdictions using paper ballots, a valid vote for a write-in candidate shall include the following:

  (a)  A distinguishing mark in the square immediately preceding the name of the candidate;

  (b)  The name of the candidate.  If the name of the candidate as written by the voter is substantially as declared by the candidate it shall be counted, or in those circumstances where the names of candidates are similar, the names of candidates as shown on voter registration records shall be counted; and

  (c)  The name of the office for which the candidate is to be elected.

  (4)  Whenever a hand recount of votes of paper ballots is ordered, the provisions of this subsection shall be used to determine voter intent.

  3.  Notwithstanding any other provision of law, a distinguishing mark indicating a general preference for or against the candidates of one political party shall not be considered a vote for or against any specific candidate.

  115.457.  Uninitialed ballots rejected, exception. — If a ballot appears without the initials of two election judges, the ballot shall be rejected, except when it appears the absence of initials is due to a mistake of the election judges and that the ballot is otherwise legal and proper.

115.459.  Duties of judges after polls close (paper ballots). — At each polling place using paper ballots, after the polling place is closed, the election judges shall

  (1)  Certify in the tally book the number of ballots cast, the number of identification certificates signed, the number of rejected and spoiled ballots and the number of ballots received at the polling place which were not cast at the election.  If the number of signed identification certificates is not the same as the number of ballots cast, the judges shall make a signed statement of the fact and the reasons therefor if known and shall return the statement with the statements of returns;

  (2)  Certify on two statements of returns the number of votes received by each candidate and for and against each question.  No returns shall be signed in blank or before the polls have closed and all proper votes cast at the polling place have been counted;

  (3)  Certify that each statement made in the tally book and on each statement of returns is correct.  If any judge declines to certify that all such statements are correct, he shall state his reasons in writing, which shall be attached to each statement of returns and returned with the statement to the election authority.

 115.463.  Procedure after statements of returns signed (paper ballots). — Immediately after signing the statements of returns, the election judges shall enclose the voted ballots, tally books, tally sheets, statements of returns and other election supplies in containers designated by the election authority.

 115.465.  Procedure for returning voted ballots (paper ballots). — 1.  If the election authority directs the voted ballots to be returned in a ballot box, the box shall be locked and the key removed.  Each election judge shall write his name on a strip of paper which shall be pasted over the keyhole of the ballot box and extended over the upper lid of the box and over the top for some distance.  The strip shall be pasted in such a manner that the signatures extend across the keyhole and place of opening so that if the box is opened or the key inserted in the keyhole, the paper will be torn and the signatures destroyed.  The paper shall be fastened with an adhesive material which will not permit removal of the strip without defacing it.

  2.  If the election authority directs the voted ballots to be returned in an envelope or other container, the container shall be sealed.  Each election judge shall write his name on a strip of paper which shall be pasted over the opening of the container.  The strip shall be pasted in such a manner that the signatures extend across the place of opening so that if the container is opened, the paper will be torn and the signatures destroyed.  The paper shall be fastened with an adhesive material which will not permit removal of the strip without defacing it.

  3.  On the outside of the ballot box or other container in which the ballots are returned, the location of the polling place and the date of the election shall be printed.

 115.467.  Duties of judges after polls close (electronic voting). — 1.  As soon as the polls close in each polling place using an electronic voting system, the election judges shall secure the marking devices against further voting and begin to count the write-in votes.  If earlier counting of write-in votes is begun pursuant to section 115.469, the election judges shall complete the count in the manner provided in this section.  Once begun, the count shall not be adjourned or postponed until all proper write-in votes in the ballot box have been counted.

  2.  The election judges shall remove the ballot cards from the ballot box and separate the ballots with write-in votes from those without write-in votes.  If there is a separate form for write-in votes, all forms on which write-in votes have been recorded shall be consecutively numbered, starting with the number one, and the same number shall be placed on the ballot card of the voter.  Where tallying of write-in votes is to be done at the polling place, the election judges shall compare the write-in votes with the votes cast on the ballot card.  If the total number of votes including write-in votes for any office exceeds the number allowed by law, or if a voter has voted more than once for the same person for the same office at the same election, a notation of the fact shall be noted on the back of the ballot card, and it shall be returned with the write-in form, if any, to the counting location in an envelope marked "DEFECTIVE BALLOTS".

  3.  All proper write-in votes shall be read, recorded and counted as provided in sections 115.449 and 115.453.  No write-in vote shall be counted for any candidate for any office whose name appears on the ballot label as a candidate for the office, except when more than one person is to be nominated or elected to an office.  When more than one person is to be nominated or elected to an office, the voter may write in the names of one or more persons whose names do not appear on the ballot label with or without the names of one or more persons whose names do appear.

  4.  If any ballot card is damaged so that it cannot properly be counted by the automatic tabulating equipment, the fact shall be noted on the back of the ballot card and it shall be returned to the counting location in the envelope marked "DEFECTIVE BALLOTS".

 115.468.  Write-in votes may be tallied at counting center. — At the discretion of the election authority, the verification and tallying of write-in votes may be done at the counting center by teams of election authority employees in lieu of at the polling place.

 115.469.  Write-in votes, when counted — procedure to follow. — 1.  If authorized by the election authority, the election judges at any polling place using an electronic voting system may read and record write-in votes before the close of the polls and may send other voted ballots to the counting place.  If so authorized, the election judges shall use one ballot box for the deposit of ballots during the first five hours of voting.  Between eleven o'clock in the morning and twelve noon, the receiving judges shall deliver the ballot box to the counting and recording judges, who shall give the receiving judges a second empty ballot box.  The second ballot box shall be shown to be empty and locked in the manner provided in section 115.423.  The second ballot box shall not be opened or removed from public view from the time it is shown to be empty until the time the polls close.  The ballot box containing the voted ballots shall be taken to a private area within the polling place, and the write-in votes shall be read and recorded in the manner provided in section 115.467.

  2.  If early counting of write-in votes is begun pursuant to this section, the election judges shall, after counting and recording all proper write-in votes, separate all ballot cards, except defective ballot cards, from the write-in forms if any.  The ballots which do not have write-in votes shall then be sent to the counting place in the same manner as ballots are sent upon the close of the polls.  The election judges shall enclose the ballot cards, the envelope marked "DEFECTIVE BALLOTS", and all write-in forms containing proper votes, in a container designated by the election authority.  The container shall be securely sealed in such a manner that if the container is opened, the seal will be broken beyond repair.  On the outside of the container, the location of the polling place and the date of the election shall be printed.  After sealing, the container shall be closely watched by the election judges until it is delivered to the counting location.

  3.  If early counting of write-in votes is begun pursuant to this section, the election authority shall appoint a team of employees or election judges who shall, between the hours of eleven o'clock in the morning and three o'clock in the afternoon, receive the ballot container from the election judges at the polling place and immediately deliver it to the counting location.  Each team appointed pursuant to this subsection shall consist of two members, one from each major political party.  If any ballot container is not sealed when it is delivered to the counting location, the election official receiving the container shall make a statement of the fact which includes the location of the polling place and the date of the election printed on the container and the reason the container is not sealed, if known.

  4.  After delivery to the counting location, any ballot which is damaged and cannot be properly counted by the automatic tabulating equipment may be handcounted or duplicated in the manner provided in subsection 3 of section 115.477.

  5.  After delivery to the counting location, the proper votes on each ballot card may be transferred to magnetic tapes.  Under no circumstances shall any such tape be read or interpreted until after the time fixed by law for the close of the polls and then only in the manner provided in section 115.477.

  6.  Write-in ballots may also be counted as provided in section 115.451.

 115.471.  Certification of tally book and statements of returns as to write-in votes (electronic voting). — At each polling place using an electronic voting system, after the polling place is closed, the election judges shall

  (1)  Certify in the tally book:  the number of ballots cast by reconciling the ballot stubs against the number of identification certificates signed; the number of defective and spoiled ballots; the number of ballots with write-in votes; and the number of ballots received at the polling place which were not cast at the election.  If the number of signed identification certificates is not the same as the number of ballots cast, the judges shall make a signed statement of the fact and the reasons therefor, if known, and shall return the statement with the statements of returns;

  (2)  Where tallying of write-in votes is to be done at the polling place, certify on two statements of returns the number of write-in votes received by each candidate.  No returns shall be signed in blank or before the polls have closed and all proper write-in votes cast at the polling place have been counted;

  (3)  Certify that each statement made in the tally book and on each statement of returns is correct.  If any judge declines to certify that all such statements are correct, he shall state his reasons in writing, which shall be attached to each statement of returns and returned with the statement to the election authority.

 115.475.  Return of ballots, memory cards, and election materials, procedure for (electronic voting). — 1.  As soon as possible after signing the statements of returns, the election judges shall seal and enclose the ballots, electronic voting machine memory cards, write-in forms containing no votes, the unused ballots and other election supplies in containers designated by the election authority.

  2.  Immediately after the election materials have been placed in the proper containers, the two supervisory judges shall together deliver the containers to the counting location or other place designated by the election authority.  If any container is not sealed when it is delivered to the counting location or other place designated by the election authority, the election official receiving the container shall make a statement of the fact which includes the location of the polling place and the date of the election printed on the container and the reason the container is not sealed, if known.

  3.  If the election authority has directed the supervisory judges to deliver election materials to a place other than the counting location, the election authority shall appoint at least one team of election judges who shall receive the containers from the supervisory judges and immediately deliver them to the counting location.  Each team appointed pursuant to this subsection shall consist of two election judges or employees of the election authority, one from each major political party.

 115.477.  Ballots, procedure for counting (electronic voting). — 1.  In each jurisdiction using an electronic voting system, all proceedings at the counting location shall be under the direction of the election authority.  The election authority shall appoint two judges, one from each major political party, to be present and observe the count.  The counting shall be open to the public, but no persons, except those employed and authorized for the purpose, shall touch any ballot, ballot container or return.

  2.  The automatic tabulating equipment shall produce a return showing the total number of votes cast for each candidate and on each question at each polling place and in the jurisdiction as a whole.

  3.  If any ballot is damaged and cannot be properly counted by the automatic tabulating equipment, it may be handcounted in the manner provided for absentee ballots, or a true duplicate copy may be made of the defective ballot.  If any ballot contains a number of votes and write-in votes for any office which exceeds the number allowed by law, it may be handcounted in the manner provided for absentee ballots, a true duplicate copy be made which does not include the invalid votes or, at the discretion of the election judges, a self-adhesive removable label, sensitized, may be placed over any mark to allow the ballot to be processed through the automatic tabulating equipment.  The duplication of each ballot shall be closely observed by two election judges or employees of the election authority, one from each major political party.  Each duplicate ballot shall be clearly labeled "duplicate", shall bear a serial number which shall be recorded on the defective ballot, and shall be counted in lieu of the defective ballot.

 115.479.  Tabulating equipment to be tested, when (electronic voting). — In each jurisdiction using an electronic voting system, the election authority shall, after the count has been completed and the results received, have the automatic tabulating equipment tested to ascertain that the equipment has correctly counted the votes for all offices and on all questions.  The test shall be observed by at least two persons designated by the election authority, one from each major political party, and shall be open to the public.  The test shall be conducted by processing the same preaudited group of ballots used in the preelection test provided for in section 115.233.  If any error is detected, the cause shall be ascertained and corrected, and an errorless count shall be made before the final results are announced.  After the completion of an errorless count, the programs and the ballots shall be sealed, retained and disposed of as provided for paper ballots.

 115.481.  Official return of polling place, contents of (electronic voting). — The final and correct return printed by the automatic tabulating equipment added to the write-in, absentee and handcounted votes shall be the official return of each polling place and the jurisdiction.

 115.483.  Duties of judge after polls close (voting machines). — 1.  As soon as the polls close in each polling place using electronic voting machines, the election judges shall secure each voting machine against further voting and proceed to count the votes.  Once begun, the count shall not be adjourned or postponed until all proper votes have been counted.

  2.  The election judges shall open the counting compartment on each voting machine or, if a machine is equipped with a device for printing, embossing or photographing the registering counters, the judges shall operate the machine to produce a record of the counters.  One counting judge shall read the total vote cast for each candidate and for and against each question on each machine.  The other counting judge shall watch and verify each total as it is being read from the recording counters or from the record of the counters.  The two recording judges shall each record the votes cast for each candidate and for and against each question as they are called out and verified by the counting judges.

  3.  All proper write-in votes shall be read, recorded and counted as provided in sections 115.449 and 115.453.  No write-in vote shall be counted for any candidate for any office whose name appears on the ballot label as a candidate for the office, except when more than one person is to be nominated or elected to an office.  When more than one person is to be nominated or elected to an office, the voter may write in the names of one or more persons whose names do not appear on the ballot label with or without the names of one or more persons whose names do appear.  No write-in vote shall be counted unless it is cast in the appropriate place on the machine.

  4.  If more than one voting machine is used in a polling place, the election judges shall read, verify and record all the totals from the first machine before proceeding to the second, and so on, until all of the totals on each machine in the polling place have been read, verified and recorded.  The total number of votes from each machine shall be added to the write-in votes to determine the total vote for each candidate and for and against each question.

 115.491.  Supervisory judges to return ballots and supplies to election authority, when. — 1.  Except as otherwise expressly provided in this subchapter, the two supervisory judges, one from each major political party, shall return the voted ballots, the ballots marked "REJECTED", "SPOILED", and "DEFECTIVE", the tally sheets, tally books and statements of returns, the registration records and other election supplies from each polling place to the election authority as soon as possible, but in no case later than two hours after the signing of the returns at the polling place.  The election authority shall keep its office open until all ballots, returns and other election materials have been received.  If any voted ballot container is not sealed, the election authority shall make a written statement of the facts which includes the location of the polling place and date of the election printed on the container and the reason the container is not sealed, if known.

  2.  If the election authority directs the voted ballots to be returned in a ballot box, one supervisory judge shall return the ballot box, one set of tally sheets and one statement of returns.  The other supervisory judge shall return the keys to the ballot box, the tally book, the other set of tally sheets and the other statement of returns.  If the election authority directs the voted ballots or write-in votes to be returned in sacks or other containers, one supervisory judge shall return the containers of voted ballots, one set of tally sheets and one statement of returns.  The other supervisory judge shall return the other set of tally sheets and the other statement of returns.

 115.493.  Ballots and records to be kept twenty-two months, may be inspected, when. — The election authority shall keep all voted ballots, ballot cards, processed ballot materials in electronic form and write-in forms, and all applications, statements, certificates, affidavits and computer programs relating to each election for twenty-two months after the date of the election.  During the time that voted ballots, ballot cards, processed ballot materials in electronic form and write-in forms are kept by the election authority, it shall not open or inspect them or allow anyone else to do so, except upon order of a legislative body trying an election contest, a court or a grand jury.  After twenty-two months, the ballots, ballot cards, processed ballot materials in electronic form, write-in forms, applications, statements, certificates, affidavits and computer programs relating to each election may be destroyed.  If an election contest, grand jury investigation or civil or criminal case relating to the election is pending at the time, however, the materials shall not be destroyed until the contest, investigation or case is finally determined.

 115.495.  Electronic voting machine to be kept secured — machine unlocked, when — election contest, initial election data to be removed and secured before subsequent election. — 1.  After being secured against further voting by the election judges, electronic voting machines shall remain secured for the period provided by law for filing an election contest and as much longer as may be necessary or advisable because of any threatened or pending contest, grand jury investigation, or civil or criminal case relating to the election.  During this time, the electronic voting machines shall not be unsecured, except upon order of a court, grand jury or legislative body trying an election contest.

  2.  Notwithstanding the provisions of subsection 1 of this section to the contrary, when an election is required by law to be held after an election during any period of time described in subsection 1 of this section, the data of the electronic voting machine relating to the initial election shall be removed and secured and such machine shall be made available for use in the subsequent election.

 115.508.  Certification of election prohibited prior to noon on Friday after election day. — Notwithstanding any other provision of law to the contrary, no election authority or verification board shall certify election results, as required under section 115.507, before noon on the Friday after election day.

 115.511.  Board of state canvassers to convene, when — secretary of state to announce results, when. — 1.  The secretary of state shall convene the board of state canvassers to total the abstracts of each primary election and the board shall, not later than two weeks after receiving all required abstracts from the primary election, issue a statement announcing the results of the primary election for federal officers, governor, lieutenant governor, state senators and representatives, circuit judges, secretary of state, attorney general, state treasurer and state auditor.

  2.  The secretary of state shall convene the board of state canvassers to total the abstracts of each general election and the board shall, not later than the second Tuesday in December following the general election, issue a statement announcing the results of the general election for federal officers, governor, lieutenant governor, state senators and representatives, circuit judges, appellate and circuit judges subject to the provisions of Article V, Section 25 of the State Constitution, secretary of state, attorney general, state treasurer and state auditor.

  3.  The secretary of state shall convene the board of state canvassers to total the abstracts of each special election at which the name of a candidate for nomination or election to the office of United States senator, representative in Congress, governor, lieutenant governor, state senator, state representative, circuit judge not subject to the provisions of Article V, Section 25 of the State Constitution, secretary of state, attorney general, state treasurer or state auditor, or at which an initiative, referendum or constitutional amendment appears on the ballot, and the board shall, not later than two weeks after receiving all required abstracts from the election, issue a statement announcing the results of the election for such office or on such question.

 115.513.  Evidence of fraud or violation of law discovered by verification board to be reported. — If any verification board, bipartisan committee, election authority or the secretary of state obtains evidence of fraud or any violation of law during a verification, it shall present such evidence immediately to the proper authorities.

115.015.  Election authority established and defined. — The county clerk shall be the election authority, except that in a city or county having a board of election commissioners, the board of election commissioners shall be the election authority.

 115.017.  Election commissioners, where. — There shall be a board of election commissioners:

  (1)  In each county which has or hereafter has over nine hundred thousand inhabitants;

  (2)  In each city not situated in a county;

  (3)  In each city which has over three hundred thousand inhabitants on January 1, 1978, and is situated in more than one county;

  (4)  In each county of the first classification containing any part of a city which has over three hundred thousand inhabitants; provided that the county commission of a county which becomes a county of the first classification after December 31, 1998, may, prior to such date, adopt an order retaining the county clerk as the election authority.  The county may subsequently establish a board of election commissioners as provided in subdivision (5) of this section;

  (5)  In each county of the first class which elects to have such a board through procedures provided in section 115.019.

115.019.  Voters may petition to establish a board of election commissioners, procedure — form of petition. — 1.  Any group of registered voters from any county of the first classification not having a board of election commissioners may circulate a petition for the formation of a board.

  2.  The petition shall be signed by the number of registered voters in the county equal to at least fifteen percent of the total votes cast in the county for governor at the last gubernatorial election.

  3.  Petitions proposing the formation of a board of election commissioners in any county of the first classification shall be filed with the election authority of the county not later than 5:00 p.m. on the thirteenth Tuesday preceding a general election.

  4.  Each petition for the formation of a board of election commissioners shall consist of sheets of uniform size.  The space for signatures on either side of a petition page shall be no larger than eight and one-half by fourteen inches, and each page shall contain signatures of registered voters from only one county.  Each page of each petition for the formation of a board of election commissioners shall be in substantially the following form:

 | To the Honorable ______, county clerk of ______ County:
 | We, the undersigned, citizens and registered voters of ______ County, respectfully order that the following question be placed on the official ballot, for acceptance or rejection, at the next general election to be held on the ______ day of ______, ______:
 | Should a board of election commissioners be established in ______ County to assume responsibility for the registration of voters and the conduct of elections?;
 | and each for himself or herself says: I have personally signed this petition; I am a registered voter of the state of Missouri and ______ County; my registered voting address and the name of the city, town or village in which I live are correctly written after my name.
 | CIRCULATOR'S AFFIDAVIT
 | STATE OF MISSOURI, COUNTY OF ______
 | I, ______, a resident of the state of Missouri, being first duly sworn, say (print or type names of signers)
 |   |   | REGISTERED |   | 
 |   |   | VOTING |   |   | 
 | NAME (Signature) | DATE SIGNED | ADDRESS (Street) | ZIP CODE | CONG DIST. | NAME (Printed or
 |   |   | (City, |   |   | Typed)
 |   |   | Town or |   |   | 
 |   |   | Village) |   |   | 
 | (Here follow numbered lines for signers)
 | signed this page of the foregoing petition, and each of them signed his or her name thereto in my presence; I believe that each has stated his or her name, registered voting address and city, town or village correctly, and that each signer is a registered voter of the state of Missouri and ______ County.
 |   | __________________ 
 |   | Signature of Affiant
 |   | (Person obtaining signatures)
 |   | __________________ 
 |   | Address of Affiant
 | Subscribed and sworn to before me this ____ day of ____, A.D. ____
 |   | 
 |   | __________________ 
 |   | Signature of Notary
 | Notary Public (Seal)
 | My commission expires ______

­

If this form is followed substantially, it shall be sufficient, disregarding clerical and merely technical errors.

  5.  The validity of each petition filed pursuant to provisions of this section shall be determined in the manner provided for new party and independent candidate petitions in sections 115.333, 115.335 and 115.337.

  6.  Upon the filing of a valid petition for the formation of a board of election commissioners or upon a majority vote of the county commission in any county of the first classification with more than eighty-two thousand but fewer than eighty-two thousand one hundred inhabitants, it shall be the duty of the election authority to have the following question placed on the official ballot, in the same manner other questions are placed, at the next general election:

"Should a board of election commissioners be established in ______ County to assume responsibility for the registration of voters and the conduct of elections?"

  7.  The votes for and against the question shall be counted and certified in the same manner as votes on other questions.

  8.  If the question is approved by a majority of the voters at the election, a board of election commissioners shall be appointed as provided in this subchapter and shall have the same rights and responsibilities provided by law for all boards of election commissioners.

  9.  Any person who is a registered voter of a county of the first classification not having a board of election commissioners may sign a petition for the formation of a board in the county.  Any person who signs a name other than the person's own to any petition or knowingly signs the person's name more than once to the same petition or who knows the person is not a registered voter at the time of signing such petition, or any officer or person willfully violating any provision of this section shall be guilty of a class two election offense.

 115.021.  Jurisdiction of election boards. — 1.  In each city which has over three hundred thousand inhabitants on January 1, 1978, and is situated in more than one county, the board of election commissioners for the city shall have jurisdiction in that part of the city situated in the county containing the major portion of the city.

  2.  In each county of the first class containing the major portion of a city which has over three hundred thousand inhabitants, the board of election commissioners shall have jurisdiction in that part of the county outside the city.

  3.  In each city not situated in a county, the board of election commissioners shall have jurisdiction throughout the city.

  4.  In all other counties, the election authority shall have jurisdiction throughout the county.

 115.023.  Election authority to conduct all elections — which authority, how determined. — 1.  Except as provided in subsections 2 and 3 of this section, each election authority shall conduct all public elections within its jurisdiction.

  2.  When an election is to be conducted for a political subdivision or special district, and the political subdivision or special district is located within the jurisdiction of more than one election authority, the election authority of the jurisdiction with the greatest proportion of the political subdivision's or special district's registered voters shall be responsible for publishing any legal notice required in this chapter.

  3.  When an election is to be conducted for a political subdivision or special district, and the political subdivision or special district is located within the jurisdiction of more than one election authority, the affected election authorities may, by contract, authorize one of their number to conduct the election for all or any part of the political subdivision or special district.  In any election conducted pursuant to this subsection, the election authority conducting part of an election in an area outside its jurisdiction may consolidate precincts across jurisdiction lines and shall have all powers and duties granted pursuant to this chapter, except the provisions of sections 115.133 to 115.221 and sections 115.279 and 115.297, in the area outside its jurisdiction.

  4.  Notwithstanding the provisions of sections 493.025 and 493.027 to the contrary*, whenever the publication of a legal advertisement, legal notice, order of court or public notice of any kind is allowed or required pursuant to this chapter, a newspaper publishing such notice shall charge and receive not more than its regular local classified advertising rate.  The regular local classified advertising rate is that rate shown by the newspaper's rate schedule as offered to the public, and shall have been in effect for at least thirty days preceding publication of the particular notice to which it is applied.

 115.024.  Elections rescheduled or relocated due to disaster, definition — election panel established — petition to reschedule or relocate, contents — order — notice, contents — ballots — procedures — appeal. — 1.  As used in this section, "disaster" means any catastrophic or natural disaster, statewide or nationwide emergency, man-made disaster, civil disorder, insurgency, bioterrorism attack, terrorist attack, or enemy attack.

  2.  The supreme court shall by rule establish a panel in each district of each court of appeals of the state to consider petitions filed under this section.  Each panel shall consist of three court of appeals judges from such district, and shall be known as the "election panel" of the district in which it is established.

  3.  In the event that any disaster prohibits any election from occurring on the day the election is required to be held under this chapter, the election authority of the city or county in which the election was to be held may petition the election panel of the district in which the city or county is located for the election panel to authorize a relocation of the polling places affected by such disaster, or to schedule a new date upon which the election authority may conduct the election.  The petition shall include the following:

  (1)  A description of the event prohibiting the election from occurring;

  (2)  A statement of the reasons the election cannot be held on the day required by law;

  (3)  The election authority's recommendation for relocation of the polling places or the new date upon which the election shall be held;

  (4)  A statement of the plan for providing notice to voters of the new location or new date of the election;

  (5)  A statement that the election authority will be able to conduct the election at the recommended location or on the recommended new date in the same manner as the election would have been conducted had the disaster not occurred.

  4.  If satisfied that the election authority will be unable to conduct the election as required by this chapter and that the recommended relocation of the polling places or new date of the election will allow voters to vote as provided by law, the election panel shall issue an order to the election authority to relocate the polling places or to conduct the election on the new date as set by the election panel.

  5.  The election authority shall provide notice to all voters in the election authority's jurisdiction in the same manner as required for elections by this chapter, provided that the requirements for the date and time of providing such notice in this chapter shall not apply.  Notice of the election shall include a copy of the order issued by the election panel.

  6.  The election authority may use the same ballots that were printed for the election that was relocated or rescheduled under this section, unless such ballots were damaged, destroyed, lost, or spoiled by the disaster.

  7.  All procedures for voting, counting of votes, and contesting elections required under this section shall apply to any election relocated or rescheduled under this section, provided that any requirements for deadlines under this chapter that cannot be met because of the relocation or rescheduling of the election shall be rescheduled by the election panel.

  8.  The election authority may appeal any order issued by the election panel under this section to the supreme court, and the supreme court shall hear such appeal immediately.

115.027.  Election commissioners, how appointed. — 1.  Each board of election commissioners shall be composed of four members, appointed by the governor with the advice and consent of the senate.  Two commissioners on each board shall be members of one major political party, and two commissioners on each board shall be members of the other major political party.  In no case shall more than two commissioners on a board be members of the same political party.  When appointing commissioners, the governor shall designate one commissioner on each board to be chairman of the board and one commissioner on each board to be secretary of the board.  The chairman and secretary of a board shall not be members of the same political party.

  2.  In jurisdictions with boards of election commissioners as the election authority, the governor may appoint to the board one representative from each established political party.  The representative shall not be a member of the board for purposes of subsection 1 of this section.  The state chair of each established political party shall submit a list of no more than four names from which the governor shall select the representative for that party.  The representative shall not have voting status, and shall not be compensated, but shall be allowed to participate in discussions and be informed of any meeting of the board.

 115.029.  Election commissioners, when appointed, term of office. — 1.  In each county of the first class containing the major portion of a city which has more than three hundred thousand inhabitants, each election commissioner shall be appointed on April 21, 1982, for a term of four years and until his successor is appointed, confirmed and sworn.  Successors shall be appointed in like manner for a term of four years and until their successors are appointed, confirmed and sworn.

  2.  In each county containing a portion but not the major portion of a city which has more than three hundred thousand inhabitants, each election commissioner shall be appointed on June 15, 1981, for a term of four years and until his successor is appointed, confirmed and sworn.  Successors shall be appointed in like manner for a term of four years and until their successors are appointed, confirmed and sworn.  The first two election commissioners appointed after May 10, 1994, shall be appointed for terms of two years and until their successors are appointed, confirmed and sworn.  One of those appointed to a two-year term shall be a member of one major political party and one shall be a member of the other major political party.  The next two election commissioners appointed, and all successors, shall be appointed for terms of four years and until their successors are appointed, confirmed and sworn.

  3.  In all other cities and counties which have or hereafter have a board of election commissioners, each commissioner's term of office shall coincide with the term of the governor who appoints him and until the commissioner's successor is appointed, confirmed and sworn.

 115.031.  Election commissioner, qualifications of. — Each election commissioner shall be a registered voter and a resident of the jurisdiction for which he is appointed for at least one year preceding his appointment.  During his term of office, no commissioner shall hold any statutory position within a political party or on a political committee, be a candidate for political office or hold any other public office.

 115.033.  Oath of office, bond, election commissioners. — Before entering upon his duties, each commissioner shall take and subscribe an oath to support the Constitution of the United States and of this state and to demean himself faithfully and impartially in office.  Before entering upon his duties, each commissioner shall give bond to the state in the sum of ten thousand dollars, with security to be approved by the governor, conditioned for the faithful and honest performance of his duties and the care and preservation of the board's property.  Not later than thirty days after a commissioner is sworn, his oath and bond shall be filed with the secretary of state.

 115.035.  Compensation of election commissioners. — 1.  In each county which has over nine hundred thousand inhabitants, each election commissioner shall receive a salary of seven thousand two hundred dollars per year, payable from the county revenue.

  2.  In each city not situated in a county, each election commissioner shall receive a salary of six thousand dollars per year, except the chairman and the secretary of the board, who shall each receive a salary of seven thousand five hundred dollars per year, payable from the city revenue.

  3.  In each county of the first class containing the major portion of a city which has over three hundred thousand inhabitants, each election commissioner shall receive a salary of five thousand two hundred dollars per year, payable from the county revenue.

  4.  In each city which has over three hundred thousand inhabitants on January 1, 1978, and is situated in more than one county, each election commissioner shall receive a salary of five thousand two hundred dollars per year, payable one-half from the city revenue and one-half from the revenue of the county containing the major portion of the city.

  5.  In each county containing a portion but not the major portion of a city which has over three hundred thousand inhabitants, each election commissioner shall receive a salary of four thousand eight hundred dollars per year, paid proportionally from the city revenue and the county revenue.  The city shall pay such proportion as its population within the county is to the total population of the county as determined by the last preceding federal decennial census.

  6.  In all other counties which now or hereafter have a board of election commissioners, each election commissioner shall receive a salary of two thousand six hundred dollars per year, payable from the county revenue.

 115.037.  Removal of commissioner, when. — Any commissioner may be removed by the governor for misconduct in office.  Before removing a commissioner, the governor shall notify the commissioner in writing of all charges against him.  Not less than ten days after so notifying a commissioner, the governor shall give the commissioner an opportunity to be publicly heard in person or by counsel in his defense.  If a vacancy on any board occurs for any reason, the governor shall, with the advice and consent of the senate, appoint a new commissioner to serve the unexpired term.  The new commissioner shall be a member of the same political party as the commissioner he is appointed to replace.

 115.039.  New board to receive records and property. — Upon the swearing in of a new board of election commissioners, the election authority or other custodian shall, upon demand, turn over to the new board all records, supplies and property relating in any way to the registration of voters and the conduct of elections within its jurisdiction.

 115.041.  Commissioners in office to complete term. — Nothing in this subchapter shall be construed in any way as interfering with or discontinuing the term of office of any person now serving as an election commissioner until the term for which he was appointed has expired, or until he has been removed as provided in section 115.037.

115.043.  Rules and regulations, powers of election authorities. — Each election authority may make all rules and regulations, not inconsistent with statutory provisions, necessary for the registration of voters and the conduct of elections.

 115.045.  Boards may employ staff. — Each election authority shall have the authority to employ such attorneys and other employees as may be necessary to promptly and correctly perform the duties of the election authority.  Where an electronic voting system or voting machines are used, the election authority shall designate competent employees to have custody of and supervise maintenance of the voting equipment.  Board of election commissioners' employees shall be subject to the same restrictions and subscribe the same oath as members of the board of election commissioners, except that no employee of a board of election commissioners shall be required to post bond unless directed to do so by the board.  Employee oaths and any bonds shall be filed and preserved in the office of the board.

 115.047.  Employees of board to be bipartisan. — Employees of each board shall be selected in equal numbers from the two major political parties.  Each board shall adopt regulations to govern the hiring, probationary period, tenure, discipline, discharge and retirement of its employees.

 115.049.  Number of employees and salaries authorized — salary adjustments, when. — 1.  Each board of election commissioners in existence on January 1, 1978, shall set the salaries of its employees.  Except as provided in subsection 3 of this section, the number of employees of each board and the total yearly amount of all salaries paid to the board's employees shall not exceed the number of employees and the total yearly amount of all salaries authorized on January 1, 1982; except that, in any city which has over three hundred thousand inhabitants and is located in more than one county, the board of election commissioners having jurisdiction in the part of the city situated in the county containing the major portion of the city may set the number of its employees and the total yearly amount of all salaries authorized by ordinance.

  2.  Each board of election commissioners established after January 1, 1978, shall set the salaries of its employees.  Except as provided in subsection 3 of this section, the number of employees of each board and the total yearly amount of all salaries paid to the board's employees shall not exceed the number of employees and the total yearly amount of all salaries authorized on December 31, 1977, for counties of the first class not having a charter form of government.

  3.  If any board of election commissioners wishes to increase the number of its employees or the total yearly amount of all salaries paid to its employees, the board shall deliver a notice of the fact to the presiding officer of the local legislative body or bodies responsible for providing payment of the election commissioners' salaries.  The notice shall specify the number of additional employees requested and the additional yearly amount requested by the board and shall include a justification of the increase and a day, not less than ninety days after the notice is delivered, on which the increase is to take effect.  Unless any legislative body responsible for approving payment of the election commissioners' salaries adopts a resolution disapproving the increase, the increase shall take effect on the day specified.  Any board of election commissioners may implement salary adjustments, after notice to the presiding officer of the local legislative body or bodies responsible for providing payment of the election commissioners' salaries, equal to, but not more than, those adjustments granted to the employees of the local legislative body or bodies without prior legislative approval.

 115.051.  County clerk may employ election staff and fix compensation. — 1.  In each county which does not have a board of election commissioners, the county clerk shall have the right to employ such deputies and assistants as are necessary to promptly and correctly register voters and conduct elections.  Where an electronic voting system or voting machines are used, the county clerk shall designate competent employees to have custody of and supervise maintenance of the voting equipment.  Each deputy shall be subject to the same restrictions and subscribe the same oath as the county clerk, except that no employee shall be required to post bond unless directed to do so by the clerk.  Employee oaths and any bonds shall be filed and preserved in the office of the county clerk.

  2.  Within the total amount for deputies and assistants approved by the county commission, the salary of each deputy and assistant shall be set by the county clerk.

 115.053.  Election authority deputies — bipartisan requirement — duties, compensation. — 1.  Each election authority may appoint such even number of additional deputies as it deems necessary to carry out the provisions of subsection 3 of this section.  One-half of the deputies shall be members of one major political party, and one-half of the deputies shall be members of the other major political party.

  2.  Each deputy appointed under the provisions of this section shall be a registered voter of the jurisdiction for which he is appointed.  No such deputy shall be a candidate for any office in an election at which he serves or a relative within the third degree, by consanguinity or affinity, to any person whose name appears on the ballot in an election at which he serves.

  3.  At the direction of the election authority, such deputies may investigate the facts and conditions relating to the residence and voting rights of any person.  Upon direction by the election authority, such deputies may attend and be present at any polling place, witness and report to the election authority any failure of duty, fraud or irregularity, instruct election judges, supervise voting procedures and perform any other lawful function prescribed by the election authority.

  4.  The deputies shall be paid an amount determined by the election authority, subject to approval of the legislative body or bodies responsible for providing the salaries of other election authority employees and payable from the same source as the salary of the election authority.

  5.  Deputies shall serve for such time as the election authority determines and may be dismissed summarily by the election authority.  At no time, however, shall more deputies from one major political party serve than deputies from the other major political party.

 115.055.  Who may administer oaths. — Each election authority and its designated employees may administer oaths and perform all other duties necessary to register voters and conduct elections.

 115.074.  Voting process and equipment, grants to upgrade or improve, award procedure — rulemaking authority. — 1.  Subject to appropriation from federal funds, the secretary of state shall administer a grant, loan, or other aid program for the purposes of providing funds to election authorities to upgrade or improve the voting process or equipment.  Such funding may be in the form of matching grants.  The secretary of state when awarding grants shall give priority to jurisdictions which have the highest number of residents according to the most recent federal census, with an income below the federal poverty level as established by the federal department of health and human services or its successor agency.  The secretary of state may promulgate rules to effectuate the provisions of this section.

  2.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.

 

 115.075.  County's election expenses to be paid from county general revenue, exception. — Except as otherwise provided in this subchapter, all costs and expenses relating to the conduct of elections and the registration of voters in each county shall be paid from the general revenue of the county.

 115.076.  Administration of grant, loan, or other aid program — rulemaking authority. — 1.  Subject to appropriation of federal funds, the secretary of state shall administer a grant, loan, or other aid program for the purpose of providing funds to election authorities:

  (1)  To purchase electronic voting machines that are accessible to all individuals with disabilities, including people who are blind or visually impaired;

  (2)  To make polling places, including path of travel, entrances, exits and voting areas of each polling facility accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and secret, independent and verifiable participation, including privacy and independence, as for other voters;

  (3)  To provide individuals with disabilities and individuals who are blind and visually impaired with information about the accessibility of polling places, including outreach programs to inform individuals about the availability of accessible polling places and to train election officials, poll workers, and election volunteers on how to best promote the access and participation of individuals in elections, and to provide assistance in all accommodations needed by voters with disabilities.  

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Such funding may be in the form of matching grants.  The secretary of state when awarding grants shall give priority to jurisdictions which have the highest number of residents, according to the most recent federal census, with an income below the federal poverty level as established by the federal Department of Health and Human Services or its successor agency.  The secretary of state may promulgate rules to effectuate the provisions of this section.

  2.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.

 115.077.  Election costs to be paid to election authority, by whom, when, procedure — failure to pay costs, penalty — state payments, fund for, transfers from general revenue — rental or lease of voting machines. — 1.  Special districts, cities, townships in township organization counties, villages and the state shall pay the election costs required by sections 115.063 to 115.077 to each election authority conducting its elections.

  2.  If the state is required to pay election costs pursuant to sections 115.063 to 115.065, the state shall, not later than the seventh Tuesday prior to any such election, pay each election authority conducting its elections an amount determined by the office of the secretary of state, in consultation with the election authority, to be a reasonable estimate of the cost of conducting such election, using a method developed by the secretary of state, in consultation with election authority, that is reviewed at least every two years.

  3.  Not later than the fifth Tuesday prior to any election to be conducted for a special district or political subdivision, the election authority shall submit the estimated cost of conducting the election for each political subdivision and special district submitting a candidate or question at the election.  Not later than the third Tuesday prior to the election, each special district and political subdivision submitting a candidate or question at the election, except the county, shall deposit with the election authority an amount equal to the estimated cost of conducting the election for the political subdivision or special district.

  4.  All payments of election costs received by an election authority under the provisions of this section shall be placed by the election authority in a special account and used by the election authority only to pay the costs incurred in conducting the election.  Not later than the tenth Tuesday following an election, if the amount paid to an election authority by the state or any political subdivision or special district exceeds the cost of conducting the election for the state, political subdivision or special district, the election authority shall refund to the state, political subdivision or special district the difference between the amount deposited with it and the cost of conducting the election.  Not later than the tenth Tuesday following an election, if the amount deposited with an election authority by the state or any political subdivision or special district is less than the cost of conducting the election, the election authority shall submit a request to the state and each political subdivision and special district for the difference between the amount deposited and the cost of conducting the election.

  5.  (1)  Within two weeks of receipt of actual cost and required documentation of actual expenses from the election authority, the state, political subdivision, or special district shall approve for payment the difference between the amount deposited and the cost of conducting the election.

  (2)  For the purposes of this section, the term "required documentation" shall mean a detailed list of expenses that the secretary of state intends to reimburse the election authority for and a detailed description of the documentation that the election authority shall produce following the election.  For any election in which the state is required to pay all or a proportion of the cost, the secretary of state shall, not later than the eleventh Tuesday prior to the election or, in case of a special election, no later than five business days following the issuance of a writ of election by the governor, transmit to the election authority the detailed list and description described above.

  6.  Except as provided in sections 115.063 to 115.072*, all payments of election costs received by an election authority under the provisions of this section shall be placed by the election authority in a special account and used by the election authority only to pay the costs incurred in conducting elections.

  7.  When the state or any political subdivision or special district willfully fails to make payment of an election cost required by this subchapter by the time provided in this subchapter, it shall pay a penalty of fifty dollars for each day after the time provided in this subchapter proper payment is not made.  Any such penalty shall be payable to the election authority authorized to receive payment of the election cost and shall be deposited in the general revenue fund of such election authority's city or county.  For purposes of this subsection, the state shall not be considered to have willfully failed to make payment of an election cost if there is not sufficient cash or appropriation authority to make such a payment.

  8.  (1)  There is hereby created the "State Election Subsidy Fund" in the state treasury.

  (2)  All unobligated funds in the state election subsidy fund on January 1, 2019, shall be transferred to the elections administration improvements fund authorized pursuant to section 115.078.  To meet the state's funding obligation to maintain expenditures pursuant to Section 254(a)(7) of the Help America Vote Act of 2002, the commissioner of the office of administration shall annually transfer from general revenue to the election administration improvements** fund, established pursuant to section 115.078, an amount not less than the amount expended in the fiscal year that ended June 30, 2000.  Any other law to the contrary notwithstanding, the funds received pursuant to Sections 251 and 252 of the Help America Vote Act of 2002 shall be expended according to the state plan developed pursuant to the provisions of Section 254 of said act.  The secretary of state shall develop the state plan through the committee appointed by the secretary of state under the provisions of Section 255 of the Help America Vote Act of 2002.

  9.  An election authority may rent or lease out any electronic voting machine purchased by such election authority.

 115.078.  Election administration improvements fund created, use of moneys — elections improvements revolving loan fund created, use of moneys. — 1.  There is hereby created in the state treasury the "Election Administration Improvements Fund", which shall consist of appropriations from the general assembly, any gifts, contributions, grants, or bequests received from federal, private, or other sources for the purpose of improving the administration of elections within Missouri, including making payments of election costs as required under sections 115.065 and * 115.077.  The state treasurer shall be custodian of the fund and shall make disbursements from the fund in accordance with sections 30.170 and 30.180.  Money in the fund shall be used exclusively for election administration improvements as directed by the secretary of state, and to meet the state's obligations under sections 115.065 and 115.077.  No moneys obtained through the provisions of this section shall be made a part of the general operating budget of an election authority, or used to supplant other federal, state, or local funds expended for elections.  The secretary of state may transfer moneys from the fund to the election improvements revolving loan fund as the secretary deems necessary to facilitate compliance with the Help America Vote Act of 2002.  Notwithstanding section 33.080 to the contrary, any moneys remaining in the fund at the end of any biennium shall not revert to the credit of the general revenue fund.  All yield, interest, income, increment, or gain received from time deposit of moneys in the state treasury to the credit of the fund shall be credited to the fund.  Notwithstanding any provision of law to the contrary, no amount of moneys in the fund shall be transferred from the fund or charged for purposes of the administration of central services for the state of Missouri.

  2.  There is hereby created in the state treasury the "Election Improvements Revolving Loan Fund", which shall consist of all moneys appropriated to it by the general assembly, all repayment of moneys from eligible lenders and any moneys deposited or transferred to the fund for the purpose of improving the administration of elections through loans.  The state treasurer shall be custodian of the fund and shall make disbursements from the fund in accordance with sections 30.170 and 30.180.  Money in the fund shall be used solely for improving the administration of elections through loans.  Notwithstanding section 33.080 to the contrary, any moneys remaining in the fund shall not revert to the credit of the general revenue fund.  All yield, interest, income, increment, or gain received from time deposit of moneys in the state treasury to the credit of the fund shall be credited to the fund.  Notwithstanding any provision of law to the contrary, no amount of moneys in the fund shall be transferred from the fund or charged for purposes of the administration of central services for the state of Missouri.  The secretary of state is authorized to administer the fund in accordance with this section and the Help America Vote Act of 2002, and to 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.

 115.526.  Qualifications of candidates may be challenged, by whom, procedure — disqualification, when. — 1.  Any candidate for nomination to an office at a primary election may challenge the declaration of candidacy or qualifications of any other candidate for nomination to the same office to seek or hold such office, or to have his name printed on the ballot, and any candidate for election to an office at a general or special election may challenge the declaration of candidacy or qualifications of any other candidate for election to the same office to seek or hold such office or to have his name printed on the ballot.  Except as provided in sections 115.563 to 115.573, challenges shall be made by filing a verified petition with the appropriate court as is provided for in case of a contest of election for such office in sections 115.527 to 115.601.  The petition shall set forth the points on which the challenger wishes to challenge the declaration of candidacy or qualifications of the candidate and the facts he will prove in support of such points, and shall pray leave to produce his proof.

  2.  In the case of challenge to a candidate for nomination in a primary election, the petition shall be filed not later than thirty days after the final date for filing for such election.  Except as otherwise provided by law, in the case of challenge to a candidate for election to an office in a general or special election, the petition shall be filed not later than five days after the latest date for certification of a candidate by the officer responsible for issuing such certification.  In the case of a disability occurring after said respective deadlines, the petition shall be filed not later than five days after the disability occurs or is discovered.  Answers to the petition may be filed at the time and as provided in sections 115.527 to 115.601, specifying the qualifications of the candidate for holding the office for which he is a candidate for election or for nomination.

  3.  The procedure in such matters shall be the same as that provided in sections 115.527 to 115.601, to the extent that it is applicable and not in conflict with the provisions of this section.  For the purposes of this section, as used in sections 115.527 to 115.601 the word "contestant" shall mean the challenger and the word "contestee" shall mean the candidate whose declaration of candidacy or qualifications are challenged.  If the court determines that the candidate challenged is not qualified to seek or hold the office for which he is a candidate for nomination or for election or to have his name printed on the ballot, it shall so rule.  The right of appeal exists, and may be taken, as provided in sections 115.527 to 115.601.

  4.  Any candidate finally determined to be not qualified to seek or hold the office for which he is a candidate for nomination or for election shall be disqualified as a candidate for nomination for such office at the primary election or as a candidate for election to such office at the general or special election, as the case may be.  Except as otherwise provided by law, whenever a candidate for nomination or election to an office dies, withdraws or is disqualified prior to the election, such candidate's name shall not be printed on the official ballot.

115.527.  Challenge of nomination at primary, who may make. — Any candidate for nomination to an office at a primary election may challenge the correctness of the returns for the nomination charging that irregularities occurred in the election.

 115.529.  Circuit court to hear primary election contests. — Circuit courts shall have jurisdiction to hear and determine all primary election contests.

 115.531.  Petition to contest primary election, contents of — filing in incorrect circuit, procedure. — 1.  Not later than five days after the official announcement of the results of a primary election is issued by the election authority or the secretary of state, as the case may be, any candidate desiring to contest the primary election shall file a verified petition in the office of the clerk of the circuit court of any circuit in which part of the election was held and in which any alleged irregularity occurred, unless the office involved in the contest is that of a circuit or associate circuit judge not subject to Section 25, Article V, Constitution of Missouri, in which case the verified petition shall be filed, heard, and determined by an adjoining circuit court selected by the contestant as specified in section 115.575.  The contestant shall only be required to file one petition with the circuit court for each election contest regardless of the number of counties within the court's jurisdiction.  The petition shall set forth the points on which the contestant wishes to contest the election and the facts the contestant will prove in support of such points, and shall pray leave to produce such proof.  The judge of the court shall immediately note on the petition the date it was filed and shall immediately set a date, not later than five days after the petition is filed, for a preliminary hearing.  If the petition is filed in vacation, the judge of the circuit court shall immediately convene the court in special session for the purpose of hearing the contest.  If no regular judge of the court is available the supreme court shall immediately assign another judge.  The circuit court in which the petition is filed shall have exclusive jurisdiction over all matters relating to the contest and may issue appropriate orders to all election authorities in the area in which the contested election was held.

  2.  If a petition contesting a primary election is filed in an incorrect circuit, the court in which it is filed shall have jurisdiction and shall promptly transfer the suit to the correct circuit court.

 115.533.  Procedure after petition filed. — 1.  Immediately after a petition is filed, the clerk of the circuit court shall issue a summons upon the petition to the contestee, returnable by the day designated by the circuit court to the circuit court.  The summons shall be served in any county of the state in the same manner provided for service of process in civil actions.  If the contestee cannot be found within two days, the summons shall be served by leaving the summons and a copy of the petition at the residence address shown on the contestee's declaration of candidacy and by posting the summons in a conspicuous place in the office of the clerk of the circuit court.

  2.  Immediately after the petition is filed, the clerk of the circuit court shall send by certified or registered mail a certified copy of the petition to the officer responsible for issuing the statement announcing the results of the contested election and to each election authority responsible for conducting the election in any area where an alleged irregularity occurred.  All officers and election authorities so notified shall immediately suspend all action on the office until the contest has been determined.

  3.  Not later than four days after the petition is filed, the contestee may file an answer to the petition, specifying reasons why his nomination should not be contested.  If the contestee wishes to contest the validity of any votes given to the contestant, he shall set forth in his answer the votes he wishes to contest, and the facts he will prove in support of such contest and shall pray leave to produce his proof.

 115.535.  Election contest to have preference in order of hearing. — The contested election shall have preference in the order of hearing to all other cases and shall be commenced at the date set and heard day to day, including evenings and weekends if necessary, until determined.  There shall be no continuances except by consent, so that the case may be concluded not later than the tenth Tuesday prior to the general election.

 115.537.  Hearing on necessity for recount, when. — Not later than five days after the petition is filed, a preliminary hearing shall be held to determine whether there shall be a recount and not to determine what the recount would show.  The court shall hear all evidence by the contestant and contestee bearing on the alleged irregularities.

 115.539.  Circuit court to order recount of votes, when. — If the court finds there is a prima facie showing of irregularities which place the result of the primary election in doubt, the court shall order a recount of all votes brought in question by the petition or its answer.  Where the issue is drawn over the validity of certain votes cast, a prima facie case is made if the validity of a number of votes equal to or greater than the margin of defeat is placed in doubt.  The court may order a recount of all votes brought in question by the petition or its answer at any time if it finds that the primary election result is placed in doubt.  All materials and records relating to the contested election may be subpoenaed and all information contained therein shall be subject to the rules of discovery in civil cases.  During a recount, the court may hear additional evidence offered by any party bearing on any issue relating to the contested election.

 115.541.  Recount, primary election, irregularities in election — how conducted. — 1.  Whenever a recount is ordered pursuant to section 115.539, the court shall order all materials and records relating to the contest brought before it, so that the court has the same materials and records as the election judges had while making the count and statements of returns.  The court shall have authority to pass upon the form and determine the legality of the votes brought into question and to determine the qualifications of any voter whose vote is brought into question, provided that the name of a voter upon a precinct register for the polling place shall be prima facie evidence of the proper qualifications of the voter.  A comparison may be made between the signatures on the identification certificates and those which appear in the precinct registers, and no votes shall be counted except the votes of registered voters and those entitled to vote as provided in section 115.277 without being registered.  No votes of any person found by the court to be unqualified to vote at the primary election shall be counted.

  2.  Whenever a recount of votes cast on paper ballots is ordered pursuant to section 115.539 or 115.601, the court shall proceed to open and count the votes and, after the count has been completed, shall tabulate by voting district the votes cast for the contestant and the contestee.

  3.  Whenever a recount of votes cast on any voting machine is ordered pursuant to section 115.539 or 115.601, the court shall make visible the registering counters of the machine and, without unlocking the machine against voting, shall record the votes cast on the machine.

  4.  Whenever a recount of votes cast on ballot cards is ordered pursuant to section 115.539 or 115.601, the court shall supervise a test of the automatic tabulating equipment conducted in the manner provided in section 115.233 and shall cause the votes to be recounted automatically or may order a hand count of the votes.  In its discretion, the court may order a new computer program to be made, which shall be tested in the manner provided in section 115.233 before the votes in question are recounted automatically.

 115.543.  Court to appoint persons making recount — persons authorized to be present during recount. — Whenever a recount is ordered pursuant to section 115.539 or 115.601, the court shall determine the number of persons necessary to assist with the recount and shall appoint such persons equally from lists submitted to the court by the contestant and the contestee.  Each person appointed pursuant to this section shall be a disinterested person and a registered voter of the area in which the contested election was held.  Each person so appointed shall take the oath prescribed for and receive the same pay as an election judge in the jurisdiction where he is registered.  After being sworn not to disclose any facts uncovered by the recount, except those which are contained in the court report, the contestant and the contestee shall be permitted to be present in person or represented by an attorney at the recount to observe the recount.  Each recount shall be completed under the supervision of the court, and the persons appointed to assist with the recount shall perform such duties as the court shall direct.  Upon completion of any duties prescribed by the court, the persons appointed to assist with the recount shall make a written and signed report of their findings to the court.  The findings of the persons appointed to assist with the recount shall be prima facie evidence of the facts stated therein, but any person present at the examination of the votes may be a witness to contradict the findings.  No one other than the election authority, representatives of the court, the contestant and contestee, their attorneys, and those specifically appointed by the court to assist with the recount shall be present during any recount ordered pursuant to the provisions of section 115.539.

 115.545.  Court to render judgment, when — effect of judgment. — Upon completion of the procedures provided for in this subchapter, the court shall render its judgment based upon the issues of law and fact and cause a certified copy of its judgment to be transmitted to each affected election authority and to the secretary of state.  Each election authority to which a copy of the judgment is sent and the secretary of state shall correct their records to conform to the judgment.

 115.547.  Contestant to post bond, when. — In each case of a contested primary election, the court may require the contestant to post bond for the costs and expenses of the election contest.  The costs and expenses of any election contest, including the cost and expense of a recount, may be adjudged against the unsuccessful party with the payment of the costs and expenses enforceable as in civil cases.

 115.549.  New primary election may be ordered, when. — If any court trying a contested primary election determines there were irregularities of sufficient magnitude to cast doubt on the validity of the initial election, it may order a new primary election for the contested office.  The order shall set the date of the election, which shall not be less than fourteen or more than thirty days after the order is issued, and shall be sent by the clerk of the court to each election authority responsible for conducting the special election.  In its order, the court shall specify the name of each candidate for the office to be voted on at the special election, and the election shall be conducted and the votes counted as in other primary elections.  Notice of the election shall be given in such manner as the court directs.  The person receiving the highest number of votes at a special party primary election shall be his party's nominee for the contested office.  The requisite number of persons receiving the highest number of votes at any other special primary election shall be the nominees for the office.

 115.551.  Appeal, how taken. — Either party to the contest may appeal the judgment of the circuit court to the court of appeals of the appropriate jurisdiction, who shall give the case preference in the order of hearing to all other cases, modify its rules to the extent necessary in order to conclude the appeal as many days prior to the general election as possible and hear the case in the manner of appeals of cases in equity.  The practice and procedure prescribed in civil actions shall be followed in all respects not inconsistent with the provisions of sections 115.527 to 115.551.  In every case of such appeal, a bond with sufficient sureties conditioned for the payment of the costs accrued and to accrue in the cause may be required by any court in which the case is* pending.

 115.553.  Candidate may challenge returns — registered voter of area may contest result. — 1.  Any candidate for election to any office may challenge the correctness of the returns for the office, charging that irregularities occurred in the election.

  2.  The result of any election on any question may be contested by one or more registered voters from the area in which the election was held.  The petitioning voter or voters shall be considered the contestant and the officer or election authority responsible for issuing the statement setting forth the result of the election shall be considered the contestee.  In any such contest, the proponents and opponents of the ballot question shall have the right to engage counsel to represent and act for them in all matters involved in and pertaining to the contest.

 115.555.  Contest of state office election to be heard by supreme court. — All contested elections for the office of governor, lieutenant governor, secretary of state, attorney general, state treasurer and state auditor shall be heard and determined by the supreme court.  Likewise, all contests to the results of elections on constitutional amendments, on state statutes submitted or referred to the voters, and on questions relating to the retention of appellate and circuit judges subject to Article V, Section 25 of the State Constitution shall be heard and determined by the supreme court.

 115.557.  Election contest to be filed, when. — Not later than thirty days after the official announcement of the election result by the secretary of state, any person authorized by section 115.553 who wishes to contest the election for any office or on any question provided in section 115.555, shall file a verified petition in the office of the clerk of the supreme court.  The petition shall set forth the points on which the contestant wishes to contest the election and the facts he will prove in support of such points, and shall pray leave to produce his proof.  The supreme court shall have exclusive jurisdiction over all matters relating to the contest and may issue appropriate orders to all election authorities in the area in which the contested election was held.

 115.559.  Procedure after filing of petition. — 1.  Immediately after a petition is filed, the clerk of the supreme court shall issue a summons upon the petition to the contestee, returnable by the day designated by the supreme court to the supreme court.  The summons shall be served in any county of the state in the same manner provided for service of process in civil actions.  If the contestee cannot be found within two days, the summons shall be served by leaving the summons and a copy of the petition at the residence address shown on the contestee's declaration of candidacy and by posting the summons in a conspicuous place in the office of the clerk of the supreme court.

  2.  Immediately after the petition is filed, the clerk of the supreme court shall send by certified or registered mail a certified copy of the petition to the secretary of state and to each election authority responsible for conducting the election in any area where an alleged irregularity occurred.

  3.  Not later than fifteen days after the petition is filed, the contestee may file an answer to the petition, specifying reasons why his nomination should not be contested.  If the contestee wishes to contest the validity of any votes given to the contestant, he shall set forth in his answer the votes he wishes to contest and the facts he will prove in support of such contest and shall pray leave to produce his proof.

 115.561.  Commissioner to take testimony, appointed, when — powers of commissioner. — 1.  Immediately upon the filing of a petition and answer, if there is any, the supreme court shall appoint a commissioner of the court to take the testimony of witnesses at such times and places as the court shall order.  The order shall specify the points and facts in regard to which testimony is to be taken and the time when the commissioner shall make his report to the court.

  2.  Upon appointment by the court, the commissioner shall proceed to procure the attendance of witnesses, and to take and certify testimony as directed.  The contestant and contestee shall have the right to attend the examination of all witnesses and to cross-examine, but no testimony shall be taken except on the points and facts specified in the court order.  The commissioner shall have authority to administer oaths, take depositions, compel the attendance of witnesses by summons and attachment, require such witnesses to testify and to compel discovery in accordance with the rules of discovery in civil cases.

 115.563.  Contests for office of senator or representative to be heard by respective body. — 1.  All contested elections for the office of state senator shall be heard and determined by the state senate.  All contested elections for the office of state representative shall be heard and determined by the state house of representatives.

  2.  Any contest based on the qualifications of a candidate for the office of state senator or state representative which have not been adjudicated prior to the general election shall be determined by the state senate or the state house of representatives, as the case may be.

 115.565.  Contests for house or senate seats, where and how filed. — Not later than thirty days after the official announcement of the election result is issued by the secretary of state, any candidate who wishes to contest the election for an office provided in section 115.563 shall file a verified petition with the president of the senate or the speaker of the house, as the case may be.  In the case of contests based on the qualifications of a candidate for an office provided in section 115.563, not later than thirty days after the results of the general election have been certified by the secretary of state, any candidate who wishes to contest the qualifications of another candidate shall file a verified petition with the president of the senate or the speaker of the house, as the case may be.  The petition shall set forth the points on which the contestant wishes to contest the election and the facts he will prove in support of such points.  The state senate or the state house of representatives, as the case may be, shall have exclusive jurisdiction over all matters relating to the contest and may issue appropriate orders, under the hand of the president of the senate or the speaker of the house, to all election authorities in the area in which the contested election was held.

 115.567.  Contestee, service on, how made — notice to secretary of state — time for filing answer. — 1.  At the time of filing, the contestee shall be served with a copy of the petition by the contestant or his representative.  With the copy of the petition shall be included a written notice of the time and place of the petition's filing, the grounds on which the election is contested, the time and place for the taking of depositions and the names of all witnesses to be examined.  If the contestee is not found within two days after the petition is filed, the copy of the petition and notice shall be left at the residence address shown on contestee's declaration of candidacy and by posting the petition in a conspicuous place in the office of the secretary of the senate or the chief clerk of the house, as the case may be.

  2.  At the time of filing, a copy of the petition and notice shall also be transmitted to the secretary of state and each election authority responsible for conducting the election in any area where an alleged irregularity occurred.

  3.  Not later than fifteen days after the petition is filed, the contestee may file an answer to the petition, specifying reasons why his election should not be contested.  At the time of filing, a copy of the answer shall be transmitted to the contestant.  If the contestee wishes to contest the validity of any votes given to the contestant, he shall include in his answer a notice of the time and place for the taking of depositions, the grounds on which the votes will be contested, and the names of all witnesses to be examined.

 115.569.  Depositions, when taken — civil discovery rules to apply. — Immediately upon the filing of a petition and answer, the taking of depositions may commence at the option of the contestant, and the persons selected by the contestant and contestee to take depositions shall immediately issue subpoenas to the witnesses, commanding them to appear and give testimony at the time and place specified.  The taking of depositions and all related matters shall be subject to the rules of discovery in civil cases.  Either the contestant or the contestee may, without notice, take rebutting testimony at the time and place specified for the taking of depositions.

 115.571.  Evidence to be received, form, contents. — 1.  Evidence received by the senate or house may be either by depositions taken pursuant to section 115.569 or by witnesses subpoenaed for personal appearance before the senate or house.

  2.  No testimony shall be received in the taking of depositions which does not relate to the points specified in the notices.

  3.  All testimony taken shall be certified by the persons appointed to take the depositions to the president of the senate or to the speaker of the house, as the case may be.

 115.573.  No appeal from decision of house or senate. — The determination made by the state senate or the state house of representatives on a contested election shall be final and not subject to court review.

 115.575.  Contests for office of circuit judge, where heard — other contests, where heard — filing in incorrect circuit, procedure. — 1.  Notwithstanding any provision of this chapter to the contrary, all contested elections for the office of circuit or associate circuit judge not subject to the provisions of Article V, Section 25 of the State Constitution, whether contested on the basis of qualification, irregularity, or other cause, or for recount other than the automatic recount provided for in section 115.601, and whether in a primary or general election, shall be filed in and heard and determined by an adjoining circuit court selected by the contestant.

  2.  All contested elections on any office or question other than those provided for in sections 115.555, 115.563 and subsection 1 of this section shall be heard and determined by the circuit court of any circuit, selected by the contestant, in which all or any part of the election was held and in which any alleged irregularity occurred.  The contestant shall only be required to file one petition with the circuit court for each election contest regardless of the number of counties within the court's jurisdiction.

  3.  If a petition contesting any election is filed in an incorrect circuit, the court in which it is filed shall have jurisdiction and shall promptly transfer the suit to the correct circuit court.

 115.577.  Time in which election contest may be filed. — Not later than thirty days after the official announcement of the election result by the election authority, any person authorized by section 115.553 who wishes to contest the election for any office or on any question provided in section 115.575 shall file a verified petition in the office of the clerk of the appropriate circuit court.  The contestant shall only be required to file one petition with the circuit court for each election contest regardless of the number of counties within the court's jurisdiction.  The petition shall set forth the points on which the contestant wishes to contest the election and the facts he will prove in support of such points, and shall pray leave to produce his proof.  The circuit court in which the petition is filed shall have exclusive jurisdiction over all matters relating to the contest and may issue appropriate orders to all election authorities in the area in which the contested election was held.

 115.579.  Duty of circuit clerk upon filing of petition — answer, when due. — 1.  Immediately after a petition is filed, the clerk of the circuit court shall issue a summons upon the petition to the contestee, returnable by the day designated by the circuit court to the circuit court.  The summons shall be served in any county of the state in the same manner provided for service of process in civil actions.  If the contestee cannot be found within two days, the summons shall be served by leaving the summons and a copy of the petition at the residence address shown on the contestee's declaration of candidacy and by posting the summons in a conspicuous place in the office of the clerk of the circuit court.

  2.  Immediately after the petition is filed, the clerk of the circuit court shall send by certified or registered mail a certified copy of the petition to the election authority responsible for issuing a statement announcing the results of the contested election and to each election authority responsible for conducting the election in any area where an alleged irregularity occurred.

  3.  Not later than fifteen days after the petition is filed, the contestee may file an answer to the petition, specifying reasons why his nomination should not be contested.  If the contestee wishes to contest the validity of any votes given to the contestant, he shall set forth in his answer the votes he wishes to contest and the facts he will prove in support of such contest and shall pray leave to produce his proof.

 115.581.  Case to be tried, when. — Immediately upon the filing of a petition and answer, if there is any, the court shall proceed to try the case and may at once appoint a commissioner to take testimony in the same way and manner as provided for the contest of state offices in section 115.561.

 115.583.  Recount of votes ordered, when. — If the court or legislative body hearing a contest finds there is a prima facie showing of irregularities which place the result of any contested election in doubt, the court or legislative body shall order a recount of all votes brought in question by the petition or its answer.  Where the issue is drawn over the validity of certain votes cast, a prima facie case is made if the validity of a number of votes equal to or greater than the margin of defeat is placed in doubt.  The court or legislative body may order a recount of all votes brought in question by the petition or its answer at any time if it finds that the election result is placed in doubt.  All materials and records relating to the contested election may be subpoenaed, and all information contained therein shall be subject to the rules of discovery in civil cases.  During a recount, the court may hear additional evidence offered by any party bearing on any issue relating to the contested election.

 115.585.  Recounts, how conducted. — 1.  Whenever a recount is ordered pursuant to section 115.583 or 115.601, the court or legislative body trying the contest shall issue a writ to each election authority responsible for conducting the election in any area in which an alleged irregularity occurred, commanding the election authority to prepare its office and all records and materials relating to the contested election for the recount.  Such writ shall be served immediately on the election authority by the sheriff of the county.  Upon receipt of a writ, each election authority shall set a day, not more than twenty days after receiving the writ, on which it will have its office and all records and materials relating to the contested election prepared.  Immediately upon setting the day, the election authority shall send by certified or registered mail a notice to the court or legislative body issuing the writ.  The notice shall set forth the day selected by the election authority for the recount.

  2.  Whenever a recount is ordered pursuant to section 115.583, the court or legislative body shall have authority to pass upon the form and determine the legality of the votes brought into question and to determine the qualifications of any voter whose vote is brought into question, provided that the name of a voter upon a precinct register for the polling place shall be prima facie evidence of the proper qualifications of the voter.  A comparison may be made between the signatures on the identification certificates and those which appear in the precinct registers, and no votes shall be counted except the votes of registered voters and those entitled to vote as provided in subsection 2 of section 115.137 and section 115.277 without being registered.  No votes of any person found by the court to be unqualified to vote at the election shall be counted.

  3.  Whenever a recount of votes cast on paper ballots is ordered pursuant to section 115.583 or 115.601, the court or legislative body shall proceed to open and count the votes and, after the count has been completed, shall tabulate by voting district the votes cast for the contestant and the contestee.

  4.  Whenever a recount of votes cast on any voting machine is ordered pursuant to section 115.583 or 115.601, the court or legislative body shall make visible the registering counters of the machine and, without unlocking the machine against voting, shall record the votes cast on the machine.

  5.  Whenever a recount of votes cast on ballot cards is ordered pursuant to section 115.583 or 115.601, the court or legislative body shall supervise a test of the automatic tabulating equipment conducted in the manner provided in section 115.233 and shall cause the votes to be recounted automatically, or may order a hand count of the votes.  In its discretion, the court or legislative body may order a new computer program to be made, which shall be tested in the manner provided in section 115.233 before the votes in question are recounted automatically.

 115.587.  Persons conducting recount, how selected. — Whenever a recount is ordered pursuant to section 115.583 or 115.601, the court or legislative body shall determine the number of persons necessary to assist with the recount and shall appoint such persons equally from lists submitted to the court or legislative body by the contestant and the contestee.  Each person appointed pursuant to this section shall be a disinterested person and a registered voter of the area in which the contested election was held.  Each person so appointed shall take the oath prescribed for and receive the same pay as an election judge in the jurisdiction where he is registered.  After being sworn not to disclose any facts uncovered by the recount, except those which are contained in the court or legislative report, the contestant and the contestee shall be permitted to be present in person or represented by an attorney at the recount and to observe the recount.  Each recount shall be completed under the supervision of the court or legislative body, and the persons appointed to assist with the recount shall perform such duties as the court or legislative body shall direct.  Upon completion of any duties prescribed by the court or legislative body, the persons appointed to assist with the recount shall make a written and signed report of their findings to the court or legislative body.  The findings of the persons appointed to assist with the recount shall be prima facie evidence of the facts stated therein, but any person present at the examination of the votes may be heard as a witness to contradict the findings.  No one other than the election authority, representatives of the court or legislative body, the contestant and contestee, their attorneys, and those specifically appointed by the court or legislative body to assist with the recount shall be present during any recount ordered pursuant to the provisions of section 115.583 or 115.601.

 115.589.  Records to be corrected to reflect judgment. — Each court or legislative body authorized to determine contested elections shall hear and determine each contest at the earliest opportunity after the official announcement of the results of the election has been made.  Upon completion of the procedures provided for in this subchapter, the court or legislative body shall render its judgment based upon the issues of law and fact and cause a certified copy of its judgment to be transmitted to each affected election authority and to the secretary of state.  Each election authority to which a copy of the judgment is sent and the secretary of state shall correct their records to conform to the judgment.

 115.591.  Contestant to post bond, when. — In each case of a contested election, the court or legislative body may require the contestant to post bond for the costs and expenses of the election contest.  The costs and expenses of any election contest, including the cost and expense of a recount, may be adjudged against the unsuccessful party with payment of the costs and expenses enforceable as in civil cases.

 115.593.  New election ordered, when. — If the court or legislative body trying a contested election determines there were irregularities of sufficient magnitude to cast doubt on the validity of the initial election, it may order a new election for the contested office or on the contested question.  The order shall set the date of the election and shall be sent by the clerk of the court or the secretary of the senate or the chief clerk of the house of representatives, as the case may be, to each election authority responsible for conducting the special election.  In its order, the court or legislative body shall specify the name of each candidate for the office to be voted on at the special election, or the ballot title of the question to be voted on at the special election, and the election shall be conducted and the votes counted as in other elections.  Notice of the election shall be given in such manner as the court or legislative body directs.  The person receiving the highest number of votes at the special election shall be deemed elected and entitled to assume office, or the question submitted at the special election shall be deemed approved if a majority of the votes at the special election are cast in favor of the question.

 115.595.  Person holding certificate of election to hold office pending outcome — question shall be deemed decided as shown by returns pending outcome. — 1.  In each case of a pending election contest for an office, the person holding the certificate of election may qualify and take the office at the time specified by law and exercise the duties of the office until the contest has been decided.  If the contest is decided against the contestee, the court or legislative body trying the contest shall make an order for him to give up the office to the person determined to be entitled to the office and to deliver to such person all books, records, papers, property and effects pertaining to the office.  The court or legislative body trying the contest may enforce the order by attachment or other proper process.  If for any reason the person determined to be entitled to the office does not or cannot take office, a vacancy shall exist to be filled in the manner provided by law.

  2.  In each case of a pending election contest on a question, the question shall be deemed approved or disapproved as shown by the official returns of the election until the contest is decided.  When the contest is decided, the question shall be deemed approved or disapproved in accordance with the decision as of the day the contest is decided, or as of the day it would otherwise have been deemed approved or disapproved, whichever is later.

 115.597.  Appeal from circuit court decisions allowed, procedure for. — In all cases of contested elections, except contested elections heard by the supreme court or the state senate or house of representatives, the right of appeal shall exist, and appeals may be taken in the same time or manner and to the same courts as is provided by law for appeals in cases in equity.  The practice and procedure prescribed in civil actions shall be followed in all respects not inconsistent with the provisions of sections 115.553 to 115.583.  Upon the filing of any such appeal, the court shall give the case preference in the order of hearing to all other cases and modify its rules to the extent necessary to conclude the appeal as quickly as possible.  In every case of such appeal, a bond with sufficient sureties conditioned for the payment of the costs accrued and to accrue in the cause may be required by any court in which the case is pending.

 115.599.  Parties may subpoena witnesses and take depositions. — In all cases of contested elections, primary and other, the contestant and the contestee shall be allowed process for witnesses, and either party may take depositions, as in civil cases, to be read as evidence at the trial, as is authorized in civil cases.  All such depositions shall be filed before the trial is commenced, and may be read in evidence no matter where the witnesses reside.

 115.600.  Recount or new election, procedure — petition by election authority. — The election authority, if convinced that errors of omission or commission have occurred on the part of the election authority, election judges, or any election personnel in the conduct of an election, may petition the circuit court for a recount or a new election and the court is authorized to order a new election if the evidence provided demonstrates that the irregularities were sufficient to cast doubt on the outcome of the election.

 115.601.  Recount authorized when less than one-half of one percent difference in vote — recount, defined. — 1.  Any contestant in a primary or other election contest who was defeated by less than one percent of the votes cast for the office and any contestant who received the second highest number of votes cast for that office if two or more are to be elected and who was defeated by less than one percent of the votes cast, or any person whose position on a question was defeated by less than one percent of the votes cast on the question, shall have the right to a recount of the votes cast for the office or on the question.

  2.  In cases where the candidate filed or the ballot question was originally filed with an election authority as defined in section 115.015, such recount shall be requested in accordance with the provisions of section 115.531 or 115.577 and conducted under the direction of the court or the commissioner representing the court trying the contest according to the provisions of this subchapter.

  3.  In cases where the candidate filed or the ballot question was originally filed with the secretary of state, the defeated candidate or the person whose position on a question was defeated by less than one-half of one percent of the votes cast on the question shall be allowed a recount pursuant to this section by filing with the secretary of state a request for a recount stating that the person or the person's position on a question was defeated by less than one-half of one percent of the votes cast.  Such request shall be filed not later than seven days after certification of the election.  The secretary of state shall notify all concerned parties of the filing of the request for a recount.  The secretary of state shall authorize the election authorities to conduct a recount pursuant to this section if the requesting party or his position on a question was defeated by less than one-half of one percent of the votes cast.  The secretary of state shall conduct and certify the results of the recount as the official results in the election within twenty days of receipt of the aforementioned notice of recount.

  4.  Whenever a recount is requested pursuant to subsection 3 of this section, the secretary of state shall determine the number of persons necessary to assist with the recount and shall appoint such persons equally from lists submitted by the contestant and the opponent who received more votes or a person whose position on a question received more votes than the contestant's position on that question.  Each person appointed pursuant to this section shall be a disinterested person and a registered voter of the area in which the contested election was held.  Each person so appointed shall take the oath prescribed for and receive the same pay as an election judge in the jurisdiction where the person is registered.  After being sworn not to disclose any facts uncovered by the recount, except those which are contained in the report, the contestant and the opponent who received more votes or a person whose position on a question received more votes than the contestant's position on that question shall be permitted to be present in person or represented by an attorney at the recount and to observe the recount.  Each recount shall be completed under the supervision of the secretary of state with the assistance of the election authorities involved, and the persons appointed to assist with the recount shall perform such duties as the secretary of state directs.  Upon completion of any duties prescribed by the secretary of state the persons appointed to assist with the recount shall make a written and signed report of their findings.  The findings of the persons appointed to assist with the recount shall be prima facie evidence of the facts stated therein, but any person present at the examination of the votes may be a witness to contradict the findings.  No one other than the secretary of state, the election authorities involved, the contestant and the other witnesses described in this subsection, their attorneys, and those specifically appointed by the secretary of state to assist with the recount shall be present during any recount conducted pursuant to this section.

  5.  For purposes of this section, "recount" means one additional counting of all votes counted for the office or on the question with respect to which the recount is requested.

 115.629.  Four classes of election offenses. — There shall be four classes of election offenses consisting of all offenses arising under this chapter, and such other offenses as are specified by law.

 115.631.  Class one election offenses. — The following offenses, and any others specifically so described by law, shall be class one election offenses and are deemed felonies connected with the exercise of the right of suffrage.  Conviction for any of these offenses shall be punished by imprisonment of not more than five years or by fine of not less than two thousand five hundred dollars but not more than ten thousand dollars or by both such imprisonment and fine:

  (1)  Willfully and falsely making any certificate, affidavit, or statement required to be made pursuant to any provision of this chapter, including but not limited to statements specifically required to be made "under penalty of perjury"; or in any other manner knowingly furnishing false information to an election authority or election official engaged in any lawful duty or action in such a way as to hinder or mislead the authority or official in the performance of official duties.  If an individual willfully and falsely makes any certificate, affidavit, or statement required to be made under section 115.155, including but not limited to statements specifically required to be made "under penalty of perjury", such individual shall be guilty of a class D felony;

  (2)  Voting more than once or voting at any election knowing that the person is not entitled to vote or that the person has already voted on the same day at another location inside or outside the state of Missouri;

  (3)  Procuring any person to vote knowing the person is not lawfully entitled to vote or knowingly procuring an illegal vote to be cast at any election;

  (4)  Applying for a ballot in the name of any other person, whether the name be that of a person living or dead or of a fictitious person, or applying for a ballot in his or her own or any other name after having once voted at the election inside or outside the state of Missouri;

  (5)  Aiding, abetting or advising another person to vote knowing the person is not legally entitled to vote or knowingly aiding, abetting or advising another person to cast an illegal vote;

  (6)  An election judge knowingly causing or permitting any ballot to be in the ballot box at the opening of the polls and before the voting commences;

  (7)  Knowingly furnishing any voter with a false or fraudulent or bogus ballot, or knowingly practicing any fraud upon a voter to induce him or her to cast a vote which will be rejected, or otherwise defrauding him or her of his or her vote;

  (8)  An election judge knowingly placing or attempting to place or permitting any ballot, or paper having the semblance of a ballot, to be placed in a ballot box at any election unless the ballot is offered by a qualified voter as provided by law;

  (9)  Knowingly placing or attempting to place or causing to be placed any false or fraudulent or bogus ballot in a ballot box at any election;

  (10)  Knowingly removing any legal ballot from a ballot box for the purpose of changing the true and lawful count of any election or in any other manner knowingly changing the true and lawful count of any election;

  (11)  Knowingly altering, defacing, damaging, destroying or concealing any ballot after it has been voted for the purpose of changing the lawful count of any election;

  (12)  Knowingly altering, defacing, damaging, destroying or concealing any poll list, report, affidavit, return or certificate for the purpose of changing the lawful count of any election;

  (13)  On the part of any person authorized to receive, tally or count a poll list, tally sheet or election return, receiving, tallying or counting a poll list, tally sheet or election return the person knows is fraudulent, forged or counterfeit, or knowingly making an incorrect account of any election;

  (14)  On the part of any person whose duty it is to grant certificates of election, or in any manner declare the result of an election, granting a certificate to a person the person knows is not entitled to receive the certificate, or declaring any election result the person knows is based upon fraudulent, fictitious or illegal votes or returns;

  (15)  Willfully destroying or damaging any official ballots, whether marked or unmarked, after the ballots have been prepared for use at an election and during the time they are required by law to be preserved in the custody of the election judges or the election authority;

  (16)  Willfully tampering with, disarranging, altering the information on, defacing, impairing or destroying any voting machine or marking device after the machine or marking device has been prepared for use at an election and during the time it is required by law to remain locked and sealed with intent to impair the functioning of the machine or marking device at an election, mislead any voter at the election, or to destroy or change the count or record of votes on such machine;

  (17)  Registering to vote knowing the person is not legally entitled to register or registering in the name of another person, whether the name be that of a person living or dead or of a fictitious person;

  (18)  Procuring any other person to register knowing the person is not legally entitled to register, or aiding, abetting or advising another person to register knowing the person is not legally entitled to register;

  (19)  Knowingly preparing, altering or substituting any computer program or other counting equipment to give an untrue or unlawful result of an election;

  (20)  On the part of any person assisting a blind or disabled person to vote, knowingly failing to cast such person's vote as such person directs;

  (21)  On the part of any registration or election official, permitting any person to register to vote or to vote when such official knows the person is not legally entitled to register or not legally entitled to vote;

  (22)  On the part of a notary public acting in his or her official capacity, knowingly violating any of the provisions of this chapter or any provision of law pertaining to elections;

  (23)  Violation of any of the provisions of sections 115.275 to 115.303, or of any provision of law pertaining to absentee voting;

  (24)  Assisting a person to vote knowing such person is not legally entitled to such assistance, or while assisting a person to vote who is legally entitled to such assistance, in any manner coercing, requesting or suggesting that the voter vote for or against, or refrain from voting on any question, ticket or candidate;

  (25)  Engaging in any act of violence, destruction of property having a value of five hundred dollars or more, or threatening an act of violence with the intent of denying a person's lawful right to vote or to participate in the election process; and

  (26)  Knowingly providing false information about election procedures for the purpose of preventing any person from going to the polls.

 115.633.  Class two election offenses. — The following offenses, and any others specifically so described by law, shall be class two election offenses and are deemed felonies not connected with the exercise of the right of suffrage.  Conviction for any of these offenses shall be punished by imprisonment of not more than five years or by fine of not less than two thousand five hundred dollars but not more than ten thousand dollars or by both such imprisonment and fine:

  (1)  On the day of election or before the counting of votes is completed, willfully concealing, breaking, or destroying any ballot box used or intended to be used at such election or willfully or fraudulently concealing or removing any ballot box from the custody of the election judges;

  (2)  Willfully tampering with, disarranging, defacing, materially altering, impairing, or destroying any voting machine or automatic tabulating equipment owned or leased by or loaned to an election authority.

 115.635.  Class three election offenses. — The following offenses, and any others specifically so described by law, shall be class three election offenses and are deemed misdemeanors connected with the exercise of the right of suffrage.  Conviction for any of these offenses shall be punished by imprisonment of not more than one year or by fine of not more than two thousand five hundred dollars, or by both such imprisonment and fine:

  (1)  Giving, lending, agreeing to give or lend, offering, promising, or endeavoring to procure, any money or valuable consideration, office, or place of employment, to or for any voter, to or for any person on behalf of any voter, or to or for any person, in order to induce any voter to vote or refrain from voting or corruptly doing any such act on account of such voter having already voted or refrained from voting at any election;

  (2)  Making use of, or threatening to make use of, any force, violence, or restraint, or inflicting or threatening to inflict any injury, damage, harm or loss upon or against any person, in order to induce or compel such person to vote or refrain from voting at any election;

  (3)  Impeding or preventing, or attempting to impede or prevent, by abduction, duress or any fraudulent device or contrivance, the free exercise of the franchise of any voter or, by abduction, duress, or any fraudulent device, compelling, inducing, or prevailing upon any voter to vote or refrain from voting at any election;

  (4)  Giving, or making an agreement to give, any money, property, right in action, or other gratuity or reward, in consideration of any grant or deputation of office;

  (5)  Bringing into this state any nonresident person with intent that such person shall vote at an election without possessing the requisite qualifications;

  (6)  Asking for, receiving, or taking any money or other reward by way of gift, loan, or other device or agreeing or contracting for any money, gift, office, employment, or other reward, for giving, or refraining from giving, his or her vote in any election;

  (7)  Removing, destroying or altering any supplies or information placed in or near a voting booth for the purpose of enabling a voter to prepare his or her ballot;

  (8)  Entering a voting booth or compartment except as specifically authorized by law;

  (9)  On the part of any election official, challenger, watcher or person assisting a person to vote, revealing or disclosing any information as to how any voter may have voted, indicated that the person had voted except as authorized by this chapter, indicated an intent to vote or offered to vote, except to a grand jury or pursuant to a lawful subpoena in a court proceeding relating to an election offense;

  (10)  On the part of any registration or election official, refusing to permit any person to register to vote or to vote when such official knows the person is legally entitled to register or legally entitled to vote;

  (11)  Attempting to commit or participating in an attempt to commit any class one or class two election offense.

 115.637.  Class four election offenses. — The following offenses, and any others specifically so described by law, shall be class four election offenses and are deemed misdemeanors not connected with the exercise of the right of suffrage.  Conviction for any of these offenses shall be punished by imprisonment of not more than one year or by a fine of not more than two thousand five hundred dollars or by both such imprisonment and fine:

  (1)  Stealing or willfully concealing, defacing, mutilating, or destroying any sample ballots that may be furnished by an organization or individual at or near any voting place on election day, except that this subdivision shall not be construed so as to interfere with the right of an individual voter to erase or cause to be erased on a sample ballot the name of any candidate and substituting the name of the person for whom he or she intends to vote; or to dispose of the received sample ballot;

  (2)  Printing, circulating, or causing to be printed or circulated, any false and fraudulent sample ballots which appear on their face to be designed as a fraud upon voters;

  (3)  Purposefully giving a printed or written sample ballot to any qualified voter which is intended to mislead the voter;

  (4)  On the part of any candidate for election to any office of honor, trust, or profit, offering or promising to discharge the duties of such office for a less sum than the salary, fees, or emoluments as fixed by law or promising to pay back or donate to any public or private interest any portion of such salary, fees, or emolument as an inducement to voters;

  (5)  On the part of any canvasser appointed to canvass any registration list, willfully failing to appear, refusing to continue, or abandoning such canvass or willfully neglecting to perform his duties in making such canvass or willfully neglecting any duties lawfully assigned to him or her;

  (6)  On the part of any employer, making, enforcing, or attempting to enforce any order, rule, or regulation or adopting any other device or method to prevent an employee from engaging in political activities, accepting candidacy for nomination to, election to, or the holding of, political office, holding a position as a member of a political committee, soliciting or receiving funds for political purpose, acting as chairman or participating in a political convention, assuming the conduct of any political campaign, signing, or subscribing his or her name to any initiative, referendum, or recall petition, or any other petition circulated pursuant to law;

  (7)  On the part of any person authorized or employed to print official ballots, or any person employed in printing ballots, giving, delivering, or knowingly permitting to be taken any ballot to or by any person other than the official under whose direction the ballots are being printed, any ballot in any form other than that prescribed by law, or with unauthorized names, with names misspelled, or with the names of candidates arranged in any way other than that authorized by law;

  (8)  On the part of any election authority or official charged by law with the duty of distributing the printed ballots, or any person acting on his or her behalf, knowingly distributing or causing to be distributed any ballot in any manner other than that prescribed by law;

  (9)  Any person having in his or her possession any official ballot, except in the performance of his or her duty as an election authority or official, or in the act of exercising his or her individual voting privilege;

  (10)  Willfully mutilating, defacing, or altering any ballot before it is delivered to a voter;

  (11)  On the part of any election judge, being willfully absent from the polls on election day without good cause or willfully detaining any election material or equipment and not causing it to be produced at the voting place at the opening of the polls or within fifteen minutes thereafter;

  (12)  On the part of any election authority or official, willfully neglecting, refusing, or omitting to perform any duty required of him or her by law with respect to holding and conducting an election, receiving and counting out the ballots, or making proper returns;

  (13)  On the part of any election judge, or party watcher or challenger, furnishing any information tending in any way to show the state of the count to any other person prior to the closing of the polls;

  (14)  On the part of any voter, except as otherwise provided by law, allowing his or her ballot to be seen by any person with the intent of letting it be known how he or she is about to vote or has voted, or knowingly making a false statement as to his or her inability to mark a ballot;

  (15)  On the part of any election judge, disclosing to any person the name of any candidate for whom a voter has voted;

  (16)  Interfering, or attempting to interfere, with any voter inside a polling place;

  (17)  On the part of any person at any registration site, polling place, counting location or verification location, causing any breach of the peace or engaging in disorderly conduct, violence, or threats of violence whereby such registration, election, count or verification is impeded or interfered with;

  (18)  Exit polling, surveying, sampling, electioneering, distributing election literature, posting signs or placing vehicles bearing signs with respect to any candidate or question to be voted on at an election on election day inside the building in which a polling place is located or within twenty-five feet of the building's outer door closest to the polling place, or, on the part of any person, refusing to remove or permit removal from property owned or controlled by such person, any such election sign or literature located within such distance on such day after request for removal by any person;

  (19)  Stealing or willfully defacing, mutilating, or destroying any campaign yard sign on private property, except that this subdivision shall not be construed to interfere with the right of any private property owner to take any action with regard to campaign yard signs on the owner's property and this subdivision shall not be construed to interfere with the right of any candidate, or the candidate's designee, to remove the candidate's campaign yard sign from the owner's private property after the election day.

 115.639.  Three hours off work to vote — interference by employer a class four offense. — 1.  Any person entitled to vote at any election held within this state shall, on the day of such election, be entitled to absent himself from any services or employment in which he is then engaged or employed, for a period of three hours between the time of opening and the time of closing the polls for the purpose of voting, and any such absence for such purpose shall not be reason for the discharge of or the threat to discharge any such person from such services or employment; and such employee, if he votes, shall not, because of so absenting himself, be liable to any penalty or discipline, nor shall any deduction be made on account of such absence from his usual salary or wages; provided, however, that request shall be made for such leave of absence prior to the day of election, and provided further, that this section shall not apply to a voter on the day of election if there are three successive hours while the polls are open in which he is not in the service of his employer.  The employer may specify any three hours between the time of opening and the time of closing the polls during which such employee may absent himself.

  2.  Any employer violating this section shall be deemed guilty of a class four election offense.

 115.641.  Failure to perform a duty under this chapter a class four offense — exceptions. — Any duty or requirement imposed by the provisions of this chapter which is not fulfilled and for which no other or different punishment is prescribed shall constitute a class four election offense.

 115.642.  Complaint procedures — investigations, powers and duties. — 1.  Any person may file a complaint with the secretary of state stating the name of any person who has violated any of the provisions of sections 115.629 to 115.646 and stating the facts of the alleged offense, sworn to, under penalty of perjury.

  2.  Within thirty days of receiving a complaint, the secretary of state shall notify the person filing the complaint whether or not the secretary has dismissed the complaint or will commence an investigation.  The secretary of state shall dismiss frivolous complaints.  For purposes of this subsection, "frivolous complaint" shall mean an allegation clearly lacking any basis in fact or law.  Any person who makes a frivolous complaint pursuant to this section shall be liable for actual and compensatory damages to the alleged violator for holding the alleged violator before the public in a false light.  If reasonable grounds appear that the alleged offense was committed, the secretary of state may issue a probable cause statement.  If the secretary of state issues a probable cause statement, he or she may refer the offense to the appropriate prosecuting attorney.

  3.  Notwithstanding the provisions of section 27.060, 56.060, or 56.430 to the contrary, when requested by the prosecuting attorney or circuit attorney, the secretary of state or his or her authorized representatives may aid any prosecuting attorney or circuit attorney in the commencement and prosecution of election offenses as provided in sections 115.629 to 115.646.

  4.  (1)  The secretary of state may investigate any suspected violation of any of the provisions of sections 115.629 to 115.646.

  *(2)  (a)  The secretary of state or an authorized representative of the secretary of state shall have the power to require the production of books, papers, correspondence, memoranda, contracts, agreements, and other records by subpoena or otherwise when necessary to conduct an investigation under this section.  Such powers shall be exercised only at the specific written direction of the secretary of state or his or her chief deputy.

  (b)  If any person refuses to comply with a subpoena issued under this subsection, the secretary of state may seek to enforce the subpoena before a court of competent jurisdiction to require the production of books, papers, correspondence, memoranda, contracts, agreements, and other records.  The court may issue an order requiring the person to produce records relating to the matter under investigation or in question.  Any person who fails to comply with the order may be held in contempt of court.

  (c)  The provisions of this subdivision shall expire on August 28, 2025.

 115.646.  Public funds expenditure by political subdivision officer or employee, prohibited — personal appearances permitted — violation, penalty. — No contribution or expenditure of public funds shall be made directly by any officer, employee or agent of any political subdivision, including school districts and charter schools, to advocate, support, or oppose the passage or defeat of any ballot measure or the nomination or election of any candidate for public office, or to direct any public funds to, or pay any debts or obligations of, any committee supporting or opposing such ballot measures or candidates.  This section shall not be construed to prohibit any public official of a political subdivision, including school districts and charter schools, from making public appearances or from issuing press releases concerning any such ballot measure.  Any purposeful violation of this section shall be punished as a class four election offense.

 115.121.  General election, when held — primary election, when held — general municipal election day, when held. — 1.  The general election day shall be the first Tuesday after the first Monday in November of even-numbered years.

  2.  The primary election day shall be the first Tuesday after the first Monday in August of even-numbered years.

  3.  The election day for the election of political subdivision and special district officers shall be the first Tuesday after the first Monday in April each year, and shall be known as the general municipal election day.

 115.123.  Public elections to be held on certain Tuesdays, exceptions — presidential primary, when held — exemptions. — 1.  All public elections shall be held on Tuesday.  Except as provided in subsections 2 and 3 of this section, and section 247.180, all public elections shall be held on the general election day, the primary election day, the general municipal election day, the first Tuesday after the first Monday in November, or on another day expressly provided by city or county charter, and in nonprimary years on the first Tuesday after the first Monday in August.  Bond elections may be held on the first Tuesday after the first Monday in February but no other issue shall be included on the ballot for such election.

  2.  Notwithstanding the provisions of subsection 1 of this section, an election for a presidential primary held pursuant to sections 115.755 to 115.785 shall be held on the second Tuesday after the first Monday in March of each presidential election year.

  3.  The following elections shall be exempt from the provisions of subsection 1 of this section:

  (1)  Bond elections necessitated by fire, vandalism or natural disaster;

  (2)  Elections for which ownership of real property is required by law for voting;

  (3)  Special elections to fill vacancies and to decide tie votes or election contests; and

  (4)  Tax elections necessitated by a financial hardship due to a five percent or greater decline in per-pupil state revenue to a school district from the previous year.

  4.  Nothing in this section prohibits a charter city or county from having its primary election in March if the charter provided for a March primary before August 28, 1999.

  5.  Nothing in this section shall prohibit elections held pursuant to section 65.600, but no other issues shall be on the March ballot except pursuant to this chapter.

 115.124.  Nonpartisan election in political subdivision or special district, no election required if number of candidates filing is same as number of positions to be filled — exceptions — random drawing filing procedure followed when election is required — municipal elections, certain municipalities may submit requirements of subsection 1 to voters. — 1.  Notwithstanding any other law to the contrary, in a nonpartisan election in any political subdivision or special district including municipal elections in any city, town, or village with two thousand or fewer inhabitants that have adopted a proposal pursuant to subsection 3 of this section but excluding municipal elections in any city, town, or village with more than two thousand inhabitants, if the notice provided for in subsection 5 of section 115.127 has been published in at least one newspaper of general circulation as defined in section 493.050 in the district, and if the number of candidates for each office in a particular political subdivision, special district, or municipality is equal to the number of positions for each office within the political subdivision, special district, or municipality to be filled by the election and no ballot measure is placed on the ballot such that a particular political subdivision will owe no proportional elections costs if an election is not held, no election shall be held, and the candidates shall assume the responsibilities of their offices at the same time and in the same manner as if they had been elected.  If no election is held for a particular political subdivision, special district, or municipality as provided in this section, the election authority shall publish a notice containing the names of the candidates that shall assume the responsibilities of office under this section.  Such notice shall be published in at least one newspaper of general circulation as defined in section 493.050 in such political subdivision or district by the first of the month in which the election would have occurred, had it been contested.  Notwithstanding any other provision of law to the contrary, if at any election the number of candidates filing for a particular office exceeds the number of positions to be filled at such election, the election authority shall hold the election as scheduled, even if a sufficient number of candidates withdraw from such contest for that office so that the number of candidates remaining after the filing deadline is equal to the number of positions to be filled.

  2.  The election authority or political subdivision responsible for the oversight of the filing of candidates in any nonpartisan election in any political subdivision or special district shall clearly designate where candidates shall form a line to effectuate such filings and determine the order of such filings; except that, in the case of candidates who file a declaration of candidacy with the election authority or political subdivision prior to 5:00 p.m. on the first day for filing, the election authority or political subdivision may determine by random drawing the order in which such candidates' names shall appear on the ballot.  If a drawing is conducted pursuant to this subsection, it shall be conducted so that each candidate, or candidate's representative if the candidate filed under subsection 2 of section 115.355, may draw a number at random at the time of filing.  If such drawing is conducted, the election authority or political subdivision shall record the number drawn with the candidate's declaration of candidacy.  If such drawing is conducted, the names of candidates filing on the first day of filing for each office on each ballot shall be listed in ascending order of the numbers so drawn.

  3.  The governing body of any city, town, or village with two thousand or fewer inhabitants may submit to the voters at any available election, a question to adopt the provisions of subsection 1 of this section for municipal elections.  If a majority of the votes cast by the qualified voters voting thereon are in favor of the question, then the city, town, or village shall conduct nonpartisan municipal elections as provided in subsection 1 of this section for all nonpartisan elections remaining in the year in which the proposal was adopted and for the six calendar years immediately following such approval.  At the end of such six-year period, each such city, town, or village shall be prohibited from conducting such elections in such a manner unless such a question is again adopted by the majority of qualified voters as provided in this subsection.

 115.125.  Notice of election, when given — facsimile transmission used when, exceptions — late notification, procedure. — 1.  Not later than 5:00 p.m. on the tenth Tuesday prior to any election, except a special election to decide an election contest, tie vote or an election to elect seven members to serve on a school board of a district pursuant to section 162.241, or a delay in notification pursuant to subsection 3 of this section, or pursuant to the provisions of section 115.399, the officer or agency calling the election shall notify the election authorities responsible for conducting the election.  The notice shall be in writing, shall specify the name of the officer or agency calling the election and shall include a certified copy of the legal notice to be published pursuant to subsection 2 of section 115.127.  The notice and any other information required by this section may, with the prior notification to the election authority receiving the notice, be accepted by facsimile transmission prior to 5:00 p.m. on the tenth Tuesday prior to the election, provided that the original copy of the notice and a certified copy of the legal notice to be published shall be received in the office of the election authority within three business days from the date of the facsimile transmission.

  2.  In lieu of a certified copy of the legal notice to be published pursuant to subsection 2 of section 115.127, each notice of a special election to fill a vacancy shall include the name of the office to be filled, the date of the election and the date by which candidates must be selected or filed for the office.  Not later than the sixth Tuesday prior to any special election to fill a vacancy called by a political subdivision or special district, the officer or agency calling the election shall certify a sample ballot to the election authorities responsible for conducting the election.

  3.  Except as provided for in sections 115.247 and 115.359, if there is no additional cost for the printing or reprinting of ballots or if the political subdivision or special district calling for the election agrees to pay any printing or reprinting costs, a political subdivision or special district may, at any time after certification of the notice of election required in subsection 1 of this section, but no later than 5:00 p.m. on the eighth Tuesday before the election, be permitted to make late notification to the election authority pursuant to court order, which, except for good cause shown by the election authority in opposition thereto, shall be freely given upon application by the political subdivision or special district to the circuit court of the area of such subdivision or district.  No court shall have the authority to order an individual or issue be placed on the ballot less than eight weeks before the date of the election.

 115.127.  Notice of election, how, when given — striking names or issues from ballot, requirements — declaration of candidacy, filing date, when, notice requirements — candidate withdrawing, ballot reprinting, cost, how paid. — 1.  Except as provided in subsection 4 of this section, upon receipt of notice of a special election to fill a vacancy submitted pursuant to subsection 2 of section 115.125, the election authority shall cause legal notice of the special election to be published in a newspaper of general circulation in its jurisdiction.  The notice shall include the name of the officer or agency calling the election, the date and time of the election, the name of the office to be filled and the date by which candidates must be selected or filed for the office.  Within one week prior to each special election to fill a vacancy held in its jurisdiction, the election authority shall cause legal notice of the election to be published in two newspapers of different political faith and general circulation in the jurisdiction.  The legal notice shall include the date and time of the election, the name of the officer or agency calling the election and a sample ballot.  If there is only one newspaper of general circulation in the jurisdiction, the notice shall be published in the newspaper within one week prior to the election.  If there are two or more newspapers of general circulation in the jurisdiction, but no two of opposite political faith, the notice shall be published in any two of the newspapers within one week prior to the election.

  2.  Except as provided in subsections 1 and 4 of this section and in sections 115.521, 115.549 and 115.593, the election authority shall cause legal notice of each election held in its jurisdiction to be published.  The notice shall be published in two newspapers of different political faith and qualified pursuant to chapter 493 which are published within the bounds of the area holding the election.  If there is only one so-qualified newspaper, then notice shall be published in only one newspaper.  If there is no newspaper published within the bounds of the election area, then the notice shall be published in two qualified newspapers of different political faith serving the area.  Notice shall be published twice, the first publication occurring in the second week prior to the election, and the second publication occurring within one week prior to the election.  Each such legal notice shall include the date and time of the election, the name of the officer or agency calling the election and a sample ballot; and, unless notice has been given as provided by section 115.129, the second publication of notice of the election shall include the location of polling places.  The election authority may provide any additional notice of the election it deems desirable.

  3.  The election authority shall print the official ballot as the same appears on the sample ballot, and no candidate's name or ballot issue which appears on the sample ballot or official printed ballot shall be stricken or removed from the ballot except on death of a candidate or by court order, but in no event shall a candidate or issue be stricken or removed from the ballot less than eight weeks before the date of the election.

  4.  In lieu of causing legal notice to be published in accordance with any of the provisions of this chapter, the election authority in jurisdictions which have less than seven hundred fifty registered voters and in which no newspaper qualified pursuant to chapter 493 is published, may cause legal notice to be mailed during the second week prior to the election, by first class mail, to each registered voter at the voter's voting address.  All such legal notices shall include the date and time of the election, the location of the polling place, the name of the officer or agency calling the election and a sample ballot.

  5.  If the opening date for filing a declaration of candidacy for any office in a political subdivision or special district is not required by law or charter, the opening filing date shall be 8:00 a.m., the seventeenth Tuesday prior to the election.  If the closing date for filing a declaration of candidacy for any office in a political subdivision or special district is not required by law or charter, the closing filing date shall be 5:00 p.m., the fourteenth Tuesday prior to the election.  The political subdivision or special district calling an election shall, before the seventeenth Tuesday,  prior to any election at which offices are to be filled, notify the general public of the opening filing date, the office or offices to be filled, the proper place for filing and the closing filing date of the election.  Such notification may be accomplished by legal notice published in at least one newspaper of general circulation in the political subdivision or special district.

  6.  Except as provided for in sections 115.247 and 115.359, if there is no additional cost for the printing or reprinting of ballots or if the candidate agrees to pay any printing or reprinting costs, a candidate who has filed for an office or who has been duly nominated for an office may, at any time after the certification of the notice of election required in subsection 1 of section 115.125 but no later than 5:00 p.m. on the eighth Tuesday before the election, withdraw as a candidate pursuant to a court order, which, except for good cause shown by the election authority in opposition thereto, shall be freely given upon application by the candidate to the circuit court of the area of such candidate's residence.

  115.129.  Notice of election by mail authorized, contents of. — Not later than the fifth day prior to any election, the election authority may mail to each registered voter in the area of its jurisdiction in which the election is to be held, a notice of election which shall include the date and time of the election, the location of the voter's polling place and the name of the agency calling the election.  The notice may also include a sample ballot.  The election authority may provide any additional notice of the election it deems desirable.

 115.133.  Qualifications of voters. — 1.  Except as provided in subsection 2 of this section, any citizen of the United States who is a resident of the state of Missouri and seventeen years and six months of age or older shall be entitled to register and to vote in any election which is held on or after his eighteenth birthday.

  2.  No person who is adjudged incapacitated shall be entitled to register or vote.  No person shall be entitled to vote:

  (1)  While confined under a sentence of imprisonment;

  (2)  While on probation or parole after conviction of a felony, until finally discharged from such probation or parole; or

  (3)  After conviction of a felony or misdemeanor connected with the right of suffrage.

  3.  Except as provided in federal law or federal elections and in section 115.277, no person shall be entitled to vote if the person has not registered to vote in the jurisdiction of his or her residence prior to the deadline to register to vote.

 115.135.  Persons entitled to register, when — identification required — military service, registration, when. — 1.  Any person who is qualified to vote, or who shall become qualified to vote on or before the day of election, shall be entitled to register in the jurisdiction within which he or she resides.  In order to vote in any election for which registration is required, a person must be registered to vote in the jurisdiction of his or her residence no later than 5:00 p.m., or the normal closing time of any public building where the registration is being held if such time is later than 5:00 p.m., on the fourth Wednesday prior to the election, unless the voter is an interstate former resident, an intrastate new resident, a new resident, or a covered voter, as defined in section 115.275.  Except as provided in subsection 4 of this section, in no case shall registration for an election extend beyond 10:00 p.m. on the fourth Wednesday prior to the election.  Any person registering after such date shall be eligible to vote in subsequent elections.

  2.  A person applying to register with an election authority or a deputy registration official shall identify himself or herself by presenting a copy of a birth certificate, a Native American tribal document, other proof of United States citizenship, a valid Missouri drivers license or other form of personal identification at the time of registration.

  3.  Except as provided in federal law or federal elections and in section 115.277, no person shall be entitled to vote if the person has not registered to vote in the jurisdiction of his or her residence prior to the deadline to register to vote.

  4.  A covered voter as defined in section 115.275 who has been discharged from military service, has returned from a military deployment or activation, or has separated from employment outside the territorial limits of the United States after the deadline to register to vote, and who is otherwise qualified to register to vote, may register to vote in an election in person before the election authority until 5:00 p.m. on the Friday before such election.  Such persons shall produce sufficient documentation showing evidence of qualifying for late registration pursuant to this section.

115.136.  Secretary of state, duties pursuant to National Voter Registration Act — list of voter registration sites — further duties of secretary of state — rules — civil action, notice. — 1.  The secretary of state shall be the chief state election official responsible for the coordination of state responsibilities under the National Voter Registration Act of 1993.

  2.  The secretary of state shall be responsible for the transmission of requested data from the election authorities to the Federal Election Commission.

  3.  The secretary of state shall supply each election authority with a list of all public assistance agencies and Armed Forces recruitment offices that are designated as voter registration sites within the jurisdiction of the election authority.

  4.  The secretary of state shall consult with the Federal Election Commission in the formation of a national mail voter registration application form.

  5.  The secretary of state shall be responsible for the transmission to the appropriate election authority of the notification by the United States attorney of the conviction of a Missouri citizen for a federal felony offense.

  6.  The secretary of state may promulgate rules only to ensure state compliance with the National Voter Registration Act of 1993.

  7.  Any person who is aggrieved by a violation of the National Voter Registration Act may provide written notice of the violation to the secretary of state and may bring a civil action pursuant to the process prescribed by section 11 of the National Voter Registration Act of 1993.

 115.137.  Registered voters may vote in all elections — exception. — 1.  Except as provided in subsection 2 of this section, any citizen who is entitled to register and vote shall be entitled to register for and vote pursuant to the provisions of this chapter in all statewide public elections and all public elections held for districts and political subdivisions within which he resides.

  2.  Any person who and only persons who fulfill the ownership requirements shall be entitled to vote in elections for which ownership of real property is required by law for voting.

115.139.  Unregistered voter may not vote — exception. — Except as provided in subsection 2 of section 115.137 and section 115.277, no person shall be permitted to vote in any election unless the person is duly registered in accordance with this chapter.

 115.140.  Handicapped and hearing-impaired persons, provision for. — At least one-half of the voter registration sites provided by each election authority shall be accessible to handicapped persons.  Each election authority shall also provide interpreter services upon request for persons with hearing impairments who wish to register.

 115.141.  Registration to be supervised by election authority. — Each election authority shall supervise the registration of voters within its jurisdiction in accordance with this subchapter and shall direct the activities of all deputy registration officials.

115.147.  Deputy registration officials, duties of. — Each deputy registration official shall have the following duties:

  (1)  To comply with all reasonable instruction and direction by the election authority which is not inconsistent with this subchapter; and

  (2)  To conduct registration at his regular place of business throughout the entire year on all usual business days and at the usual office hours in the manner required by this subchapter, unless he has been appointed pursuant to subsection 2 or 3 of section 115.143, in which case he shall conduct registration during the dates and times and at the places or areas designated by the election authority in the manner required by this subchapter.

 115.149.  Election authorities' registration jurisdictions. — 1.  Within its jurisdiction, each election authority may register any person who is qualified to register in the jurisdiction.  Each election authority may issue information cards to registered voters.

  2.  Upon agreement with another election authority, any election authority may register any person qualified to register in its jurisdiction in the jurisdiction of the other election authority.

 115.151.  Registration complete, when. — 1.  Each qualified applicant who appears before the election authority shall be deemed registered as of the time the applicant's completed, signed and sworn registration application is witnessed by the election authority or deputy registration official.

  2.  Each applicant who registers by mail shall be deemed to be registered as of the date the application is postmarked, if such application is accepted and not rejected by the election authority and the verification notice required pursuant to section 115.155 is not returned as undeliverable by the postal service.

  3.  Each applicant who registers at a voter registration agency or the division of motor vehicle and drivers licensing of the department of revenue shall be deemed to be registered as of the date the application is signed by the applicant, if such application is accepted and not rejected by the election authority and the verification notice required pursuant to section 115.155 is not returned as undeliverable by the postal service.  Voter registration agencies and the division of motor vehicle and drivers licensing of the department of revenue shall transmit voter registration application forms to the appropriate election authority not later than five business days after the form is completed by the applicant.

115.157.  Registration information may be computerized, information required — voter lists may be sold — candidates may receive list for reasonable fee — computerized registration system, requirements — voter history and information, how entered, when released — records closed, when. — 1.  The election authority may place all information on any registration cards in computerized form in accordance with section 115.158.  No election authority or secretary of state shall furnish to any member of the public electronic media or printout showing any registration information, except as provided in this section.  Except as provided in subsection 2 of this section, the election authority or secretary of state shall make available electronic media or printouts showing unique voter identification numbers, voters' names, dates of birth, addresses, townships or wards, and precincts.  Electronic data shall be maintained in at least the following separate fields:

  (1)  Voter identification number;

  (2)  First name;

  (3)  Middle initial;

  (4)  Last name;

  (5)  Suffix;

  (6)  Street number;

  (7)  Street direction;

  (8)  Street name;

  (9)  Street suffix;

  (10)  Apartment number;

  (11)  City;

  (12)  State;

  (13)  Zip code;

  (14)  Township;

  (15)  Ward;

  (16)  Precinct;

  (17)  Senatorial district;

  (18)  Representative district;

  (19)  Congressional district.

  2.  All election authorities shall enter voter history in their computerized registration systems and shall, not more than six months after the election, forward such data to the Missouri voter registration system established in section 115.158.  In addition, election authorities shall forward registration and other data in a manner prescribed by the secretary of state to comply with the Help America Vote Act of 2002.

  3.  Except as provided in subsection 6 of this section, the election authority shall furnish, for a fee, electronic media or a printout showing the names, dates of birth and addresses of voters, or any part thereof, within the jurisdiction of the election authority who voted in any specific election, including primary elections, by township, ward or precinct, provided that nothing in this chapter shall require such voter information to be released to the public over the internet.

  4.  Except as provided in subsection 6 of this section, upon a request by a candidate, a duly authorized representative of a campaign committee, or a political party committee, the secretary of state shall furnish, for a fee determined by the secretary of state and in compliance with section 610.026, media in an electronic format or, if so requested, in a printed format, showing the names, addresses, and voter identification numbers of voters within the jurisdiction of a specific election authority who applied for an absentee ballot under section 115.279 for any specific election involving a ballot measure or an office for which the declaration of candidacy is required to be filed with the secretary of state pursuant to section 115.353, including primary elections, by township, ward, or precinct.  Nothing in this section shall require such voter information to be released to the public over the internet.  For purposes of this section, the terms "candidate", "campaign committee", and "political party committee" shall have the same meaning given to such terms in section 130.011.

  5.  The amount of fees charged for information provided in this section shall be established pursuant to chapter 610.  All revenues collected by the secretary of state pursuant to this section shall be deposited in the state treasury and credited to the secretary of state's technology trust fund account established pursuant to section 28.160.  In even-numbered years, each election authority shall, upon request, supply the voter registration list for its jurisdiction to all candidates and party committees for a charge established pursuant to chapter 610.  Except as provided in subsection 6 of this section, all election authorities shall make the information described in this section available pursuant to chapter 610.  Any election authority who fails to comply with the requirements of this section shall be subject to the provisions of chapter 610.

  6.  Any person working as an undercover officer of a local, state or federal law enforcement agency, persons in witness protection programs, and victims of domestic violence and abuse who have received orders of protection pursuant to chapter 455 shall be entitled to apply to the circuit court having jurisdiction in his or her county of residence to have the residential address on his or her voter registration records closed to the public if the release of such information could endanger the safety of the person.  Any person working as an undercover agent or in a witness protection program shall also submit a statement from the chief executive officer of the agency under whose direction he or she is serving.  The petition to close the residential address shall be incorporated into any petition for protective order provided by circuit clerks pursuant to chapter 455.  If satisfied that the person filing the petition meets the qualifications of this subsection, the circuit court shall issue an order to the election authority to keep the residential address of the voter a closed record and the address may be used only for the purposes of administering elections pursuant to this chapter.  The election authority may require the voter who has a closed residential address record to verify that his or her residential address has not changed or to file a change of address and to affirm that the reasons contained in the original petition are still accurate prior to receiving a ballot.  A change of address within an election authority's jurisdiction shall not require that the voter file a new petition.  Any voter who no longer qualifies pursuant to this subsection to have his or her residential address as a closed record shall notify the circuit court.  Upon such notification, the circuit court shall void the order closing the residential address and so notify the election authority.

115.158.  Missouri voter registration system authorized, functions — system maintenance performed — security measures implemented — verification of information — use of system for election results — information not to be used for commercial purposes, penalty — advisory committee established, duties — rulemaking authority. — 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;

  (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 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 to enable the secretary to verify the accuracy of information provided on applications for voter registration.

  (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.

  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.

 115.159.  Registration by mail — delivery of absentee ballots, when — provisional ballot by mail permitted, when. — 1.  Any person who is qualified to register in Missouri shall, upon application, be entitled to register by mail.  Upon request, application forms shall be furnished by the election authority or the secretary of state.

  2.  Notwithstanding any provision of law to the contrary, the election authority shall not deliver any absentee ballot to any person who registers to vote by mail until after such person has:

  (1)  Voted, in person, after presentation of a proper form of identification set out in section 115.427, for the first time following registration; or

  (2)  Provided a copy of identification set out in section 115.427 to the election authority.  

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This subsection shall not apply to those persons identified in section 115.283 who are exempted from obtaining a notary seal or signature on their absentee ballots.  An individual who has registered to vote by mail but who does not meet the requirements of this subsection may cast a provisional ballot by mail.  Such ballot shall not be counted pursuant to this chapter, and the individual shall be notified of the reason for not counting the ballot.

  3.  Subsection 2 of this section shall not apply in the case of a person:

  (1)  Who registers to vote by mail pursuant to Section 6 of the National Voter Registration Act of 1993 and submits a copy of a current and valid photo identification as part of such registration;

  (2)  Who registers to vote by mail pursuant to Section 6 of the National Voter Registration Act of 1993 and:

  (a)  Submits with such registration either a driver's license number, or at least the last four digits of the individual's Social Security number; and

  (b)  With respect to whom the secretary of state matches the information submitted pursuant to paragraph (a) of this subdivision with an existing state identification record bearing the same number, name, and date of birth as provided in such registration;

  (3)  Who is:

  (a)  A covered voter defined in section 115.902;

  (b)  Provided the right to vote otherwise than in person pursuant to Section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act; or

  (c)  Entitled to vote otherwise than in person pursuant to any other federal law.

 115.160.  Driver's license applicants to receive voter registration application, contents — rules — forwarding of application to election authority, when — documentation required. — 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.

  4.  No information relating to the failure of an applicant for a driver's license or nondriver's license to 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 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.  The election authority receiving the application forms shall review the applications and forward 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 five 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 form of personal identification.

 115.161.  Registration of persons unable to write. — If any person applying to register in person pursuant to this subchapter is unable to write, the election official shall fill in the registration cards, and the applicant shall sign by mark, witnessed by the election official.  The election official shall note the applicant's height in feet and inches, weight, color of eyes and other distinguishing features under the title "Remarks" on the registration cards.

 115.162.  Secretary of state to provide voter registration applications at certain public offices — duties of voter registration agency — declination of registration. — 1.  A voter registration application shall be provided by the secretary of state in all offices of the state that provide public assistance, all offices that provide state-funded programs primarily engaged in providing services to persons with disabilities, and other offices as directed by the governor.  In addition all Armed Forces recruitment offices shall be considered a voter registration agency.

  2.  At each voter registration agency, the following services shall be made available:

  (1)  Assistance to applicants in completing voter registration application forms, unless the applicant refuses such assistance;

  (2)  Acceptance of completed voter registration application forms for transmittal to the election authority located in the same county or any city not within a county, or if there is more than one election authority within the county, to the election authority nearest to the office of the agency.  The election authority receiving the application forms shall review the applications and forward any applications pertaining to a different election authority to that election authority;

  (3)  Voter registration sites shall transmit voter registration application forms to the appropriate election authority not later than five business days after the form is completed by the applicant;

  (4)  If a voter registration agency provides services to a person with a disability at the person's home, the agency shall provide the services provided in this section at the person's home.

  3.  An applicant declining to register in any agency shall be noted in a declination section incorporated into the voter registration form used by the agency.  No information relating to a declination to register to vote in connection with an application made at a voter registration agency may be used for any purpose other than voter registration.

 115.163.  Precinct register required — voter identification cards, procedures and uses — list of registered voters available, fee. — 1.  Each election authority shall use the Missouri voter registration system established by section 115.158 to prepare a list of legally registered voters for each precinct.  The list shall be arranged alphabetically or by street address as the election authority determines and shall be known as the precinct register.  The precinct registers shall be kept by the election authority in a secure place, except when given to election judges for use at an election.  Except as provided in subsection 6* of section 115.157, all registration records shall be open to inspection by the public at all reasonable times.

  2.  A new precinct register shall be prepared by the election authority prior to each election.

  3.  The election authority shall send to each voter, except those who registered by mail and have not voted, a voter identification card no later than ninety days prior to the date of a primary or general election for federal office, unless the voter has received such a card during the preceding six months.  The election authority shall send to each voter who registered by mail and has not voted the verification notice required under section 115.155 no later than ninety days prior to the date of a primary or general election for federal office.  The voter identification card shall contain the voter's name, address, and precinct.  The card also shall inform the voter of the personal identification requirement in section 115.427 and may also contain other voting information at the discretion of the election authority.  The voter identification card shall be sent to a voter, except those who registered by mail and have not voted, after a new registration or a change of address.  If any voter, except those who registered by mail and have not voted, shall lose his voter identification card, he may request a new one from the election authority.  The voter identification card authorized pursuant to this section may be used as a canvass of voters in lieu of the provisions set out in sections 115.179 to 115.193.  Except as provided in subsection 2 of section 115.157, anyone, upon request and payment of a reasonable fee, may obtain a printout, list and/or computer tape of those newly registered voters or voters deleted from the voting rolls, since the last canvass or updating of the rolls.  The election authority may authorize the use of the postal service contractors under the federal National Change of Address program to identify those voters whose address is not correct on the voter registration records.  The election authority shall not be required to mail a voter registration card to those voters whose addresses are incorrect.  Confirmation notices to such voters required by section 115.193 shall be sent to the corrected address provided by the National Change of Address program.

 115.165.  Transfer of registration, how, when — procedure. — 1.  If the voter files a change of address application in person at the office of the election authority, at the polling place, or pursuant to section 115.159, 115.160, 115.162 or 115.193, or otherwise provides signed written notice of the move, including notice by facsimile transmission, an election authority may change the address on a voter registration record for a voter who moves within the election authority's jurisdiction after comparing and verifying the signature.  Before changing the address on a voter record, the election authority shall be satisfied that the record is that of the person providing the change of address information.

  2.  A registered voter who has changed his or her residence within an election authority's jurisdiction and has not been removed from the list of registered voters pursuant to this chapter shall be permitted to file a change of address with the election authority or before an election judge at a polling place and vote at a central polling place or at the polling place that serves his or her new address upon written or oral affirmation by the voter of the new address.

  3.  If the applicant for registration was last registered in another jurisdiction within this state or another state, the election authority shall send notice of the registration to the election authority where the applicant was previously registered.  The election authority sending the notice shall provide identifying information to assist the election authority receiving the notice to determine whether the person named was previously registered in such jurisdiction and whether, based on the identifying information provided, the application can be removed from the voting record in the former jurisdiction.

  4.  Upon receipt of a notice from another election authority that a voter has registered in another jurisdiction in this state or another state, the election authority shall determine whether sufficient information is provided in the notice to identify the person named in such notice as previously registered in the election authority's jurisdiction and presently removable from the voting records in the election authority's jurisdiction.  Every election authority is authorized to examine the information provided in a notice of duplicate registration provided by the Missouri voter registration system authorized pursuant to section 115.158 to determine if a voter in one election authority's voter registration records has subsequently registered in another jurisdiction.  If, after reviewing the information provided, the election authority is satisfied that the person identified in the notice is listed as a registered voter in the election authority's jurisdiction but has subsequently registered in another jurisdiction, the election authority may remove the person's registration from the list of registered voters.

 115.167.  Change of name of registered voter, procedure for. — If a registered voter obtains a lawful name change, including a change because of marriage, the voter shall notify the election authority of such change and the election authority shall, upon notification, enter the change on the voter's registration cards.  After filling in the voter's new name and transferring other necessary information from the voter's previous registration cards to a new set of cards, the election authority may send new cards to the voter for signature or may require the voter to sign new cards at the polls.  If the election authority does require the voter to sign new cards, the new cards shall become the voter's official registration cards.  A registered voter who obtains a lawful name change may, after notifying the election judges of the name change, vote at one election under the previous name.  The election judges shall notify the election authority of the voter's name change and the election authority shall enter the change on the voter's registration cards as provided for in this section.

 115.169.  Register delivered to polls, when. — Before the time fixed by law for the opening of the polls on election day, the election authority shall deliver the proper precinct registers to each polling place and shall make a record of the delivery.

115.171.  Error in precinct record, corrected when. — If the election authority learns on election day that a registration record has been placed in the wrong precinct register, the election authority shall immediately have the error corrected.

 115.173.  Applications and affidavits, where stored. — All applications and affidavits required by this chapter shall be preserved in the office of the election authority.

 115.175.  Class one election offense defined. — Any person who knowingly or willfully gives any false information for the purpose of establishing his eligibility to register to vote or who conspires with another person for the purpose of encouraging his false registration or illegal vote, or who pays or offers to pay, accepts or offers to accept payment for registering to vote or for voting, or who otherwise willfully and fraudulently furnishes false information to a registration official for the purpose of causing a false or fictitious registration, or who registers to vote with the intention of voting more than once in the same election shall be guilty of a class one election offense.

115.177.  Registrations in effect January 1, 1978, to remain valid, exception. — Nothing in this chapter shall be construed in any way as interfering with or discontinuing any person's valid registration which is in effect on January 1, 1978, until such time as the person is required to transfer his or her registration or to reregister under the provisions of this chapter.

 115.179.  Registration records to be canvassed, when. — 1.  The election authority shall have the registration records of all precincts in its jurisdiction canvassed every two years in accordance with subsection 3 of section 115.163 and that it be completed no later than ninety days prior to the date of a primary or general election for federal office.  The election authority may utilize postal service contractors under the federal National Change of Address program to canvass the records.

  2.  In each jurisdiction without a board of election commissioners, the county clerk shall have the registration records of all precincts in its jurisdiction canvassed every two years in accordance with subsection 3 of section 115.163 and that it be completed no later than ninety days prior to the date of a primary or general election for federal office.

 115.181.  Canvass, how conducted. — 1.  In its discretion, the election authority may order all or any part of a canvass to be made house-to-house, through the United States Postal Service, or by both methods.

  2.  At the discretion of the election authority, the canvass may be made by including only those voters who did not vote at the last general election and those voters who registered since the last general election.

 115.183.  Verification list defined. — As used in this subchapter, the term "verification list" shall mean a list prepared under the supervision of the election authority which contains the name and address of each registered voter within a precinct.

 115.185.  Canvassers, how selected — voter not at address, procedure followed — police protection, when. — 1.  Immediately before a house-to-house canvass, the election authority shall prepare two verification lists for each precinct to be canvassed.

  2.  For each precinct to be canvassed, the election authority shall appoint two registered voters from its jurisdiction, one from each major political party, to serve as canvassers of the precinct.  The two canvassers, each having one of the verification lists, shall together call at each dwelling place in the precinct which is shown on the verification lists.

  3.  If the canvassers find that any registered voter does not live at the address shown on the verification lists, they shall immediately notify the election authority.

  4.  Whenever it deems necessary, the election authority may request that police protection be furnished canvassers while they perform their official duties.  Such protection shall be promptly furnished by the appropriate authorities.

 115.187.  Canvassers report to election authority — notice, form. — Immediately after calling at all dwelling places shown on the verification lists, the house-to-house canvassers shall report with the verification lists to the office of the election authority.  The election authority shall as soon as possible prepare and mail a notice to each person who was not found to reside at the address shown on the verification lists.  The election authority shall send notice by postage prepaid and preaddressed return card, sent by forwardable mail, on which the registered voter may state his or her current address together with a notice as prescribed by section 115.193.

 115.189.  Information supplied by postal service in lieu of house-to-house canvass. — In lieu of a house-to-house canvass or postal service canvass, the election authority may establish a program by which change of address information is supplied by the postal service.

 115.191.  Investigative authorization of election authority. — The election authority may investigate the residence or other qualifications of any voter at any time it deems necessary.  The election authority shall investigate material affecting any voter's qualifications brought to its attention from any source, and such investigations shall be conducted in the manner it directs.  The election authority may defer investigation of material brought to its attention within ten days of an election until after the election if it determines time does not permit an earlier investigation.

 115.193.  Name stricken from register, conditions — notice, method, contents — improper removal from records, may be permitted to vote — inactive voter designation. — 1.  Upon completion of a canvass as provided for in this chapter, a registered voter's name shall not be removed from the list of registered voters on the ground that the voter has changed residence unless:

  (1) The voter confirms in writing that the voter has changed residence to a place outside the election authority's jurisdiction in which the voter is registered; or

  (2)  The voter fails to respond to a notice described in this section and has not voted in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice.

  2.  The notice referred to in subsection 1, subdivision (2) of this section shall contain a postage prepaid and preaddressed return card, sent by forwardable mail, on which the voter may state the voter's current address.

  3.  The notice shall also contain the following statements:

  "(1)  Any voter who has not changed his or her residence, or has changed residence but remained in the same election authority's jurisdiction, shall return the card not later than the fourth Wednesday prior to the next election.  If the card is not returned by this date, oral or written affirmation of the voter's address may be required at the polling place before the voter will be permitted to vote in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice.  Any voter who does not vote in an election during that period, will have his or her name removed from the list of eligible voters;

  (2)  For additional information on registering to vote, contact the election authority located in the county of your current residence.  If you reside in the City of St. Louis, contact the St. Louis City election board."

  4.  If the election authority believes that the name of any voter was improperly removed from the registration records, it may, by telephone or in writing on election day, authorize election judges to permit the voter to vote.  The voter may be required to execute an affidavit of qualification on a form prescribed by the election authority before being permitted to vote.

  5.  An election authority may designate any voter as an inactive voter if the election authority receives from the United States Postal Service notification that the voter no longer resides at the address last known to the election authority and no forwarding address is available, or the voter fails to respond to the notice authorized in subdivision (2) of subsection 1 of this section within thirty days after the election authority sends such notice.  Such voter may be designated as an inactive voter only until:

  (1)  The voter returns such notice to the election authority;

  (2)  The voter provides the election authority with his or her new address pursuant to the provisions of this chapter;

  (3)  The voter provides a written affirmation that the voter has not changed residence; or

  (4)  The election authority receives sufficient information to remove the voter from the list of registered voters pursuant to this section or section 115.165, or return the voter to the active list of registered voters in the jurisdiction.

  6.  An election authority may exclude inactive voters to determine only:

  (1)  The number of ballots to be printed pursuant to section 115.247;

  (2)  The proportional costs of elections; or

  (3)  Mailing information to registered voters.

 115.195.  Death, felony, and misdemeanor convictions, persons adjudged incapacitated — records, when obtained. — 1.  At least once each month, the state or local registrar of vital statistics shall provide to the election authority a list of the name and address, if known, of each person over eighteen years of age in its jurisdiction whose death has been reported to him or her and provide a copy of the list of any death reported in the state to the secretary of state.  The secretary of state shall notify the election authority of the jurisdiction in which the deceased resided of the information received pursuant to this subsection.

  2.  At least once each month, the clerk of the circuit court of each county and city not within a county shall provide to the election authority a list of the name and address, if known, of each person over eighteen years of age in the court's jurisdiction who has been convicted of any felony, or of a misdemeanor connected with the right of suffrage.  A copy of the list shall also be submitted to the secretary of state.  The secretary of state shall notify the election authority of the jurisdiction in which an offender resides of the information received pursuant to this subsection.

  3.  At least once each month, the clerk of the probate division of the circuit court of each county and city not within a county shall provide to the election authority a list of the name and address, if known, of each person over eighteen years of age in the court's jurisdiction who has been adjudged incapacitated and has not been restored to capacity.  A copy of the list shall also be submitted to the secretary of state.  The secretary of state shall notify the election authority of the jurisdiction in which such person resides of the information received pursuant to this subsection.

  4.  All state and local registrars and all clerks of probate divisions of the circuit courts and circuit courts shall provide the information specified in this section, without charge, to the election authority or the secretary of state.

 115.197.  Governor to furnish list of persons pardoned. — Not later than October tenth each year, the governor of this state shall provide to each election authority in the state, without charge, the name and address, if known, of each person pardoned by him during the preceding calendar year.

115.199.  Deceased and incompetents removed from register, when — persons convicted and pardoned, how handled. — Each election authority shall remove from its registration records the names of voters reported dead or adjudged incapacitated and shall determine the voting qualifications of those reported convicted or pardoned.

 115.203.  Prohibitions and requirements governing voter registration applications — penalty. — 1.  No person shall pay or otherwise compensate any other person for registering voters based on the number of:

  (1)  Voters registered by the other person;

  (2)  Voter registration applications collected by the other person; or

  (3)  Voter registration applications submitted to election officials by the other person.

  2.  No person shall receive or accept payment or any other compensation from any other person for registering voters based on the number of:

  (1)  Voters registered by the person receiving or accepting payment or other compensation;

  (2)  Voter registration applications collected by the person receiving or accepting payment or other compensation;

  (3)  Voter registration applications submitted to election officials by the person receiving or accepting payment or other compensation.

  3.  No person who agrees or offers to submit a voter registration application for another person shall knowingly destroy, deface, or conceal such voter registration application.

  4.  Any person who accepts or receives a voter registration application from another person and agrees or offers to submit such application to the election authority for the registrant shall deliver the application to the election authority within seven days of accepting or receiving the application.

  5.  A violation of this section is a class four election offense.

 115.205.  Voter registration solicitors, registration — required information — oath — penalty, acceptance of applications. — 1.  Any person who is paid or otherwise compensated for soliciting more than ten voter registration applications, other than a governmental entity or a person who is paid or compensated by a governmental entity for such solicitation, shall be registered with the secretary of state as a voter registration solicitor.  A voter registration solicitor shall register for every election cycle that begins on the day after the general election and ends on the day of the general election two years later.  A voter registration solicitor shall be at least eighteen years of age and shall be a registered voter in the state of Missouri.

  2.  Each voter registration solicitor shall provide the following information in writing to the secretary of state's office:

  (1)  The name of the voter registration solicitor;

  (2)  The residential address, including street number, city, state, and zip code;

  (3)  The mailing address, if different from the residential address;

  (4)  Whether the voter registration solicitor expects to be paid for soliciting voter registrations;

  (5)  If the voter registration solicitor expects to be paid, the identity of the payor; or

  (6)  The signature of the voter registration solicitor.

  3.  The solicitor information required in subsection 2 of this section shall be submitted to the secretary of state's office with the following oath and affirmation:

"I HEREBY SWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT ALL STATEMENTS MADE BY ME ARE TRUE AND CORRECT.".

  4.  Any voter registration solicitor who knowingly fails to register with the secretary of state is guilty of a class three election offense.  Voter registration applications shall be accepted by the election authority if such applications are otherwise valid, even if the voter registration solicitor who procured the applications fails to register with or submits false information to the secretary of state.

 115.219.  Complaints of certain elections violations — procedure, contents — copy of complaint — consolidation of complaints — investigation and hearing — report — contents of report — remedy. — 1.  Any person who believes a violation of any provision of Title III of the Help America Vote Act of 2002 (HAVA), 42 U.S.C. Sections 15481 to 15485, as amended, has occurred, is occurring, or is about to occur may file a complaint with the elections division of the secretary of state's office.

  2.  Any complaint filed under this section shall:

  (1)  Be in writing, signed, and sworn to before a notary public commissioned by the state of Missouri;

  (2)  Be filed within thirty days of the certification of the election in which the violation is alleged to have occurred and state the following:

  (a)  The name and mailing address of the person or persons alleged to have committed the violation of Title III of HAVA described in the complaint;

  (b)  A description of the act or acts that the person filing the complaint believes is a violation of Title III of HAVA; and

  (c)  The nature of the injury suffered or about to be suffered by the person filing the complaint.

  3.  The elections division shall promptly provide a copy of the complaint by certified mail to:

  (1)  All persons identified in the complaint as possible violators of Title III of HAVA; and

  (2)  The election authority in whose jurisdiction the violation is alleged to have occurred or is about to occur.

  4.  The elections division may consolidate complaints filed under this section.

  5.  Upon the proper filing of a complaint under this section, the secretary of state shall appoint a presiding officer who shall conduct an investigation of the complaint.

  6.  At the request of the person filing the complaint or if the presiding officer believes that the circumstances so dictate, the presiding officer shall conduct a hearing on the complaint and prepare a record on the hearing, such hearing to be conducted within ten days of the request of the person filing the complaint.

  7.  Upon completion of the investigation, the presiding officer shall submit the results to the elections division, which shall then issue a written report.  The elections division shall provide a copy of the report by certified mail to:

  (1)  The person who filed the complaint;

  (2)  The person or persons alleged to have committed the violation; and

  (3)  The election authority in whose jurisdiction the violation is alleged to have occurred.

  8.  The report described in subsection 7 of this section shall:

  (1)  Indicate the date when the complaint was received by the elections division;

  (2)  Contain findings of fact regarding the alleged violation and state whether a violation of Title III of HAVA has occurred;

  (3)  State what steps, if any, the person or persons alleged to have committed a violation have taken to correct or prevent any recurrence;

  (4)  Suggest any additional measures that could be taken to correct the violation;

  (5)  Indicate the date a violation was corrected or is expected to be corrected;

  (6)  Provide any additional information or recommendations useful in resolving the complaint.

  9.  If the elections division determines that there is a violation of Title III of HAVA, the elections division shall determine and provide the appropriate remedy, as authorized by law to do so.  If the elections division determines that it is not authorized by law to provide an appropriate remedy, the elections division shall, if possible, refer the matter to the appropriate agency or office that has jurisdiction.

 115.221.  Voting records to be inspected annually. — Notwithstanding any other provisions of law to the contrary, each election authority may have the voting records inspected and may investigate the qualifications of any person who has not voted or transferred his registration within the four preceding calendar years.

115.003.  Purpose clause. — The purpose of this chapter is to simplify, clarify and harmonize the laws governing elections.  It shall be construed and applied so as to accomplish its purpose.

115.005.  Scope of act. — Notwithstanding any other provision of law to the contrary, the provisions of this chapter shall apply to all public elections in the state, except elections for which ownership of real property is required by law for voting.

115.007.  Presumption against implied repealer. — No provision of this chapter shall be construed as impliedly amended or repealed by subsequent legislation if such construction can be reasonably avoided.

115.012.  Rules, promulgation, procedure. — No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

115.013.  Definitions. — As used in this chapter, unless the context clearly implies otherwise, the following terms mean:

  (1)  "Automatic tabulating equipment", the apparatus necessary to examine and automatically count votes, and the data processing machines which are used for counting votes and tabulating results;

  (2)  "Ballot", the ballot card, paper ballot, or ballot designed for use with an electronic voting system on which each voter may cast all votes to which he or she is entitled at an election;

  (3)  "Ballot card", a ballot which is voted by making a mark which can be tabulated by automatic tabulating equipment;

  (4)  "Ballot label", the card, paper, booklet, page, or other material containing the names of all offices and candidates and statements of all questions to be voted on;

  (5)  "Counting location", a location selected by the election authority for the automatic processing or counting, or both, of ballots;

  (6)  "County", any county in this state or any city not within a county;

  (7)  "Disqualified", a determination made by a court of competent jurisdiction, the Missouri ethics commission, an election authority or any other body authorized by law to make such a determination that a candidate is ineligible to hold office or not entitled to be voted on for office;

  (8)  "District", an area within the state or within a political subdivision of the state from which a person is elected to represent the area on a policy-making body with representatives of other areas in the state or political subdivision;

  (9)  "Electronic voting machine", any part of an electronic voting system on which a voter is able to cast a ballot under this chapter;

  (10)  "Electronic voting system", a system of casting votes by use of marking devices, and counting votes by use of automatic tabulating or data processing equipment, including computerized voting systems;

  (11)  "Established political party" for the state, a political party which, at either of the last two general elections, polled for its candidate for any statewide office more than two percent of the entire vote cast for the office.  "Established political party" for any district or political subdivision shall mean a political party which polled more than two percent of the entire vote cast at either of the last two elections in which the district or political subdivision voted as a unit for the election of officers or representatives to serve its area;

  (12)  "Federal office", the office of presidential elector, United States senator, or representative in Congress;

  (13)  "Independent", a candidate who is not a candidate of any political party and who is running for an office for which political party candidates may run;

  (14)  "Major political party", the political party whose candidates received the highest or second highest number of votes at the last general election;

  (15)  "Marking device", any approved device which will enable the votes to be counted by automatic tabulating equipment;

  (16)  "Municipal" or "municipality", a city, village, or incorporated town of this state;

  (17)  "New party", any political group which has filed a valid petition and is entitled to place its list of candidates on the ballot at the next general or special election;

  (18)  "Nonpartisan", a candidate who is not a candidate of any political party and who is running for an office for which party candidates may not run;

  (19)  "Political party", any established political party and any new party;

  (20)  "Political subdivision", a county, city, town, village, or township of a township organization county;

  (21)  "Polling place", the voting place designated for all voters residing in one or more precincts for any election;

  (22)  "Precincts", the geographical areas into which the election authority divides its jurisdiction for the purpose of conducting elections;

  (23)  "Public office", any office established by constitution, statute or charter and any employment under the United States, the state of Missouri, or any political subdivision or special district thereof, but does not include any office in the Missouri state defense force or the National Guard or the office of notary public or city attorney in cities of the third classification or cities of the fourth classification;

  (24)  "Question", any measure on the ballot which can be voted "YES" or "NO";

  (25)  "Relative within the second degree by consanguinity or affinity", a spouse, parent, child, grandparent, brother, sister, grandchild, mother-in-law, father-in-law, daughter-in-law, or son-in-law;

  (26)  "Special district", any school district, water district, fire protection district, hospital district, health center, nursing district, or other districts with taxing authority, or other district formed pursuant to the laws of Missouri to provide limited, specific services;

  (27)  "Special election", elections called by any school district, water district, fire protection district, or other district formed pursuant to the laws of Missouri to provide limited, specific services; and

  (28)  "Voting district", the one or more precincts within which all voters vote at a single polling place for any election.

 115.650.  Citation of sections 115.650 to 115.660 — applicable definitions. — Sections 115.650 to 115.660 shall be known and may be cited as "The Mail Ballot Election Act".  All terms used in sections 115.650 to 115.660 shall have the same meaning given such terms in section 115.013.

 115.652.  Mail-in voting may be conducted, when, limitations. — 1.  An election shall not be conducted under sections 115.650 to 115.660 unless:

  (1)  The officer or agency calling the election submits a written request that the election be conducted by mail.  Such request shall be submitted not later than the date specified in section 115.125 for submission of the notice of election and sample ballot;

  (2)  The election authority responsible for conducting the election authorizes the use of mailed ballots for the election;

  (3)  The election is nonpartisan;

  (4)  The election is not one at which any candidate is elected, retained or recalled; and

  (5)  The election is an issue election at which all of the qualified voters of any one political subdivision are the only voters eligible to vote.

  *2.  Notwithstanding the provisions of subsection 1 of this section or any other provision of law to the contrary, an election may be conducted by mail as authorized under section 115.302, during the year 2020, to avoid the risk of contracting or transmitting severe acute respiratory syndrome coronavirus 2.  This subsection shall expire December 31, 2020.

 115.655.  Delivery of official ballots, how — voting procedures — form of return identification envelope — replacement ballots, when — return of — counting of ballots. — 1.  The election authority shall provide for the delivery of official ballots to each qualified voter:

  (1)  By first class mail to the mailing address of each voter as it appears on the registration records of the election authority on the deadline specified in subsection 1 of section 115.135 for registration.  Each ballot so mailed shall be placed by the election authority in an envelope which is prominently marked "Do Not Forward" and mailed not later than the tenth day prior to the election; or

  (2)  By delivering the ballot to the residential address of the voter as it appears on the registration records of the election authority on the deadline specified in subsection 1 of section 115.135 for registration.  Such delivery shall be made by a bi-partisan team appointed by the election authority from lists submitted under the provisions of section 115.087.

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Voters shall also be provided with a return identification envelope, a secrecy envelope, and instructions sufficient to describe the voting process.

  2.  Upon receipt of the ballot, the voter shall mark it, place and seal the marked ballot in the secrecy envelope supplied with the ballot, place and seal the sealed secrecy envelope containing the marked ballot in the return identification envelope supplied with the ballot which has been signed by the voter and then return the marked ballot to the election authority by either:

  (1)  United States mail; or

  (2)  Personally delivering the ballot to the office of the election authority.

  3.  The election authority may provide additional sites for return delivery of ballots.  The election authority may provide for the payment of postage on the return of ballots.

  4.  The return identification envelope shall be in substantially the following form:

 | PLEASE PRINT:
 | NAME ______
 | I declare under penalty of perjury, a felony, that I am a resident and a qualified voter for this election as shown on voter registration records and that I have voted the enclosed ballot and am returning it in compliance with sections 115.650 to 115.660, RSMo, and have not and will not vote more than one ballot in this election.
 | I also understand that failure to complete the information below will invalidate my ballot.
 |   | __________________ 
 |   | Signature
 |   | __________________ 
 |   | Residence Address
 |   | __________________ 
 |   | Mailing Address (if different)

  5.  If the ballot is destroyed, spoiled, lost or not received by the voter, the voter may obtain a replacement ballot from the election authority as provided in this subsection.  A voter seeking a replacement ballot shall sign a statement verified on oath or affirmation, on a form prescribed by the election authority that the ballot was destroyed, spoiled, lost or not received.  The applicant shall deliver the statement to the election authority before noon on the date of the election.  The applicant may mail the statement to the election authority; but, no election authority shall transmit a ballot by mail under this subsection unless the application is received prior to the close of business on the fifth day prior to the election.  When an application is timely received under this subsection, the election authority shall deliver the ballot to the voter if the voter is present in the office of the election authority, or promptly transmit the ballot by mail to the voter at the address contained in the application, except when prohibited in this subsection.  The election authority shall keep a record of each replacement ballot provided under this subsection.

  6.  A ballot must be returned by mail or received in the office of the election authority or at a site provided for receipt of ballots by the election authority no later than 7:00 p.m. on election day.  The election authority shall transmit all return identification envelopes to a team or teams of judges of not less than four, with an equal number from each major political party.  The judges shall be selected by the election authority from lists submitted under the provisions of section 115.087, and subscribe to the oath provided in section 115.091.  Upon receipt of such envelopes the judges shall verify the signature of each voter on the return identification envelope with the signature of the voter on the voter registration records.  Such verification may commence at time prior to the day of the election.  The election authority shall adopt procedures for securing and accounting for all verified return identification envelopes.  The secrecy envelope shall not be separated from the return identification envelope before ballots are counted.  Ballots may be counted at any time on election day provided the results are not released before 7:00 p.m. on that day. Counting of ballots may be done by hand or through the utilization of automatic tabulating equipment and shall be governed by the applicable sections of this chapter.

 115.658.  Absentee voting, allowed, how — contest of election, procedure. — 1.  Any registered voter of this state may vote by absentee ballot in an election conducted pursuant to sections 115.650 to 115.660 in accordance with the provisions of this chapter concerning absentee voting.

  2.  Any registered voter of the subdivision wherein a mail-in election pursuant to sections 115.650 to 115.660 is conducted may contest the results of such an election in the same manner as provided in this chapter.

 115.660.  Secretary of state may promulgate rules. — The secretary of state may adopt rules and regulations governing the procedures and forms necessary to implement sections 115.650 to 115.660.  No rule or portion of a rule promulgated under the authority of sections 115.650 to 115.660 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

115.407.  Polls, hours to be open. — The election judges shall open the polls at six o'clock in the morning and keep them open until seven o'clock in the evening.  At seven o'clock in the evening, all voters at the polls, including any in line to vote, shall be permitted to vote.

 115.409.  Who may be admitted to polling place. — Except election authority personnel, election judges, watchers and challengers appointed pursuant to section 115.105 or 115.107, law enforcement officials at the request of election officials or in the line of duty, minor children under the age of eighteen accompanying an adult who is in the process of voting, international observers who have registered as such with the election authority, persons designated by the election authority to administer a simulated youth election for persons ineligible to vote because of their age, members of the news media who present identification satisfactory to the election judges and who are present only for the purpose of bona fide news coverage except as provided in subdivision (18) of section 115.637, provided that such coverage does not disclose how any voter cast the voter's ballot on any question or candidate or in the case of a primary election on which party ballot they voted or does not interfere with the general conduct of the election as determined by the election judges or election authority, and registered voters who are eligible to vote at the polling place, no person shall be admitted to a polling place.

 115.411.  Election authority to provide polling booths. — For each polling place in its jurisdiction, the election authority shall provide a sufficient number of voting booths, equipped and supplied so voters can vote conveniently and in secret.

 115.413.  Secretary of state to furnish election authorities election laws pamphlets, each polling place to have a copy — instructions to election judges may be furnished. — 1.  Not later than the tenth day prior to each presidential election, and more often if necessary, the secretary of state shall furnish to each election authority a sufficient number of printed pamphlets containing the provisions of the constitution and laws of the state relating to elections.  Each election authority shall carefully preserve the pamphlets in its office.  At least one copy shall be provided by each election authority to each polling place in its jurisdiction at each election.  After each election, all such pamphlets shall be returned to the office of the election authority with the election supplies.

  2.  The secretary of state may also publish instructions to election judges for distribution by election authorities to election judges.

 115.415.  Necessary equipment to be delivered to polls by election authority. — Before the time fixed by law for the opening of the polls, the election authority shall deliver to the authorized election officials or to the polling place the appropriate ballots, ballot boxes, precinct registers, voting booths, voting machines and all other supplies, material and equipment necessary and appropriate for the polling place.  The election authority shall make and preserve a record of each delivery.

 115.417.  Voter instruction cards to be delivered to polls — instructions and sample ballot to be posted, how. — 1.  Before the time fixed by law for the opening of the polls, the election authority shall deliver to each polling place a sufficient number of voter instruction cards which include the following information:  if paper ballots or an electronic voting system is used, the instructions shall inform the voter on how to obtain a ballot for voting, how to vote and prepare the ballot for deposit in the ballot box and how to obtain a new ballot to replace one accidentally spoiled.

  2.  The election authority at each polling place shall post in a conspicuous place voting instructions on a poster no smaller than twenty-four inches by thirty inches.  Such instructions shall also inform the voter that the electronic voting equipment can be demonstrated upon request of the voter.  The election authority shall also publicly post during the period of time in which a person may cast an absentee ballot and on election day a sample version of the ballot that will be used for that election, the date of the election, the hours during which the polling place will be open, instructions for mail-in registrants and first-time voters, general information on voting rights in accordance with the state plan filed by the secretary of state pursuant to the Help America Vote Act of 2002, general information on the right to cast a provisional ballot and instructions for provisional ballots, how to contact appropriate authorities if voting rights have been violated, and general information on federal and Missouri law regarding prohibitions on acts of fraud and misrepresentation.  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.

  3.  The secretary of state may develop multilingual voting instructions to be made available to election authorities.

 115.419.  Sample ballots, cards to be delivered to the polls, when. — Before the time fixed by law for the opening of the polls, the election authority shall deliver to each polling place a sufficient number of sample ballots and ballot cards which shall be a different color but otherwise exact copies of the official ballot.  The samples shall be printed in the form of a diagram, showing the form of the ballot or the front of the marking device or voting machine as it will appear on election day.  The secretary of state may develop multilingual sample ballots to be made available to election authorities.

115.420.  Butterfly ballot prohibited, exceptions. — 1.  An election authority shall not use a butterfly ballot unless the secretary of state provides written approval to the election authority for the use of a butterfly ballot in the particular election.

  2.  For purposes of this section, "butterfly ballot" means a ballot where two ballot pages are used side by side and where voters must vote on candidates or issues on both sides of the pages.

 115.421.  Duties of election judges to be performed prior to opening of the polls. — Before the time fixed by law for the opening of the polls, the election judges shall:

  (1)  Set up the voting equipment, arrange the furniture, supplies and records and make all other arrangements necessary to open the polls at the time fixed by law;

  (2)  Post a voter instruction card in each voting booth or machine and in at least one other conspicuous place within the polling place and post a sample ballot in a conspicuous place near the voting booths;

  (3)  Certify the number of ballots received at each polling place.  In each polling place using voting machines, the election judges shall, in lieu of certifying the number of ballots received, certify the number on each voting machine received at the polling place, the number on the seal of each voting machine, the number on the protective counter of each voting machine and that all recording counters on all voting machines at the polling place are set at zero.  If a recording counter on any voting machine is not set at zero, the election judges shall immediately notify the election authority and proceed as it directs;

  (4)  Compare the ballot, ballot label or ballot card and ballot label with the sample ballots, see that the names, numbers and letters agree and certify thereto in the tally book.  If the names, numbers or letters do not agree, the election judges shall immediately notify the election authority and proceed as it directs; and

  (5)  Sign the tally book in the manner provided in the form for tally books in section 115.461 or 115.473.  If any election judge, challenger or watcher has not been previously sworn as the law directs, he or she shall take and subscribe the oath of his or her office as provided in section 115.091 or 115.109, and the oath shall be returned to the election authority with the tally book.

 115.423.  Ballot box, procedure for handling. — Not more than one hour before the voting begins, the election judges shall open the ballot box and show to all present that it is empty.  The ballot box shall then be locked and the key kept by one of the election judges.  The ballot box shall not be opened or removed from public view from the time it is shown to be empty until the polls close or until the ballot box is delivered for counting pursuant to section 115.451.  If voting machines are used, the election judges shall call attention to the counter on the face of each voting machine and show to all present that it is set at zero.

 115.425.  Name must be on precinct register to be eligible to vote, exception. — Except as provided in subsection 2 of section 115.277, the election judges shall allow no person to vote whose name does not appear in the precinct register without the express sanction of the election authority.

115.427.  Personal identification, requirements--statement for voters without required personal identification, procedure--provisional ballot, when--form of statement--notice of requirements--report--precinct register requirements--mark in lieu of signature, when--contingent effective date. — 1.  Persons seeking to vote in a public election shall establish their identity and eligibility to vote at the polling place by presenting a form of personal identification to election officials. No form of personal identification other than the forms listed in this section shall be accepted to establish a voter's qualifications to vote.  Forms of personal identification that satisfy the requirements of this section are any one of the following:

  (1)  Nonexpired Missouri driver's license;

  (2)  Nonexpired or nonexpiring Missouri nondriver's license;

  (3)  A document that satisfies all of the following requirements:

  (a)  The document contains the name of the individual to whom the document was issued, and the name substantially conforms to the most recent signature in the individual's voter registration record;

  (b)  The document shows a photograph of the individual;

  (c)  The document includes an expiration date, and the document is not expired, or, if expired, the document expired after the date of the most recent general election; and

  (d)  The document was issued by the United States or the state of Missouri; or

  (4)  Any identification containing a photograph of the individual which is issued by the Missouri National Guard, the United States Armed Forces, or the United States Department of Veteran Affairs to a member or former member of the Missouri National Guard or the United States Armed Forces and that is not expired or does not have an expiration date.

  2.  (1)  An individual who appears at a polling place without a form of personal identification described in subsection 1 of this section and who is otherwise qualified to vote at that polling place may execute a statement, under penalty of perjury, averring that the individual is the person listed in the precinct register; averring that the individual does not possess a form of personal identification described in subsection 1 of this section; acknowledging that the individual is eligible to receive a Missouri nondriver's license free of charge if desiring it in order to vote; and acknowledging that the individual is required to present a form of personal identification, as described in subsection 1 of this section, in order to vote.  Such statement shall be executed and sworn to before the election official receiving the statement.  Upon executing such statement, the individual may cast a regular ballot, provided such individual presents one of the following forms of identification:

  (a)  Identification issued by the state of Missouri, an agency of the state, or a local election authority of the state;

  (b)  Identification issued by the United States government or agency thereof;

  (c)  Identification issued by an institution of higher education, including a university, college, vocational and technical school, located within the state of Missouri;

  (d)  A copy of a current utility bill, bank statement, government check, paycheck, or other government document that contains the name and address of the individual;

  (e)  Other identification approved by the secretary of state under rules promulgated pursuant to this section.

  (2)  For any individual who appears at a polling place without a form of personal identification described in subsection 1 of this section and who is otherwise qualified to vote at that polling place, the election authority may take a picture of such individual and keep it as part of that individual's voter registration file at the election authority.

  (3)  Any individual who chooses not to execute the statement described in subdivision (1) of this subsection may cast a provisional ballot.  Such provisional ballot shall be counted, provided that it meets the requirements of subsection 4 of this section.

  (4)  For the purposes of this section, the term "election official" shall include any person working under the authority of the election authority.

  3.  The statement to be used for voting under subdivision (1) of subsection 2 of this section shall be substantially in the following form:

 | "State of ______
 | County of ______
 | I do solemnly swear (or affirm) that my name is ______; that I reside at ______; that I am the person listed in the precinct register under this name and at this address; and that, under penalty of perjury, I do not possess a form of personal identification approved for voting.  As a person who does not possess a form of personal identification approved for voting, I acknowledge that I am eligible to receive free of charge a Missouri nondriver's license at any fee office if desiring it in order to vote.  I furthermore acknowledge that I am required to present a form of personal identification, as prescribed by law, in order to vote.
 | I understand that knowingly providing false information is a violation of law and subjects me to possible criminal prosecution.
 | __________________ 
 | Signature of voter
 | Subscribed and affirmed before me this ______ day of ______, 20______
 | __________________ 
 | Signature of election official"

  4.  A voter shall be allowed to cast a provisional ballot under section 115.430 even if the election judges cannot establish the voter's identity under this section.  The election judges shall make a notation on the provisional ballot envelope to indicate that the voter's identity was not verified.  The provisional ballot cast by such voter shall not be counted unless:

  (1)  (a)  The voter returns to the polling place during the uniform polling hours established by section 115.407 and provides a form of personal identification that allows the election judges to verify the voter's identity as provided in subsection 1 of this section; or

  (b)  The election authority verifies the identity of the individual by comparing that individual's signature to the signature on file with the election authority and determines that the individual was eligible to cast a ballot at the polling place where the ballot was cast; and

  (2)  The provisional ballot otherwise qualifies to be counted under section 115.430.

  5.  The secretary of state shall provide advance notice of the personal identification requirements of subsection 1 of this section in a manner calculated to inform the public generally of the requirement for forms of personal identification as provided in this section.  Such advance notice shall include, at a minimum, the use of advertisements and public service announcements in print, broadcast television, radio, and cable television media, as well as the posting of information on the opening pages of the official state internet websites of the secretary of state and governor.

  6.  (1)  Notwithstanding the provisions of section 136.055 and section 302.181 to the contrary, the state and all fee offices shall provide one nondriver's license at no cost to any otherwise qualified voter who does not already possess such identification and who desires the identification in order to vote.

  (2)  This state and its agencies shall provide one copy of each of the following, free of charge, if needed by an individual seeking to obtain a form of personal identification described in subsection 1 of this section in order to vote:

  (a)  A birth certificate;

  (b)  A marriage license or certificate;

  (c)  A divorce decree;

  (d)  A certificate of decree of adoption;

  (e)  A court order changing the person's name;

  (f)  A Social Security card reflecting an updated name; and

  (g)  Naturalization papers or other documents from the United States Department of State proving citizenship.

Any individual seeking one of the above documents in order to obtain a form of personal identification described in subsection 1 of this section in order to vote may request the secretary of state to facilitate the acquisition of such documents.  The secretary of state shall pay any fee or fees charged by another state or its agencies, or any court of competent jurisdiction in this state or any other state, or the federal government or its agencies, in order to obtain any of the above documents from such state or the federal government.

  (3)  All costs associated with the implementation of this section shall be reimbursed from the general revenue of this state by an appropriation for that purpose.  If there is not a sufficient appropriation of state funds, then the personal identification requirements of subsection 1 of this section shall not be enforced.

  (4)  Any applicant who requests a nondriver's license for the purpose of voting shall not be required to pay a fee if the applicant executes a statement, under penalty of perjury, averring that the applicant does not have any other form of personal identification that meets the requirements of this section.  The state of Missouri shall pay the legally required fees for any such applicant.  The director of the department of revenue shall design a statement to be used for this purpose.  The total cost associated with nondriver's license photo identification under this subsection shall be borne by the state of Missouri from funds appropriated to the department of revenue for that specific purpose.  The department of revenue and a local election authority may enter into a contract that allows the local election authority to assist the department in issuing nondriver's license photo identifications.

  7.  The director of the department of revenue shall, by January first of each year, prepare and deliver to each member of the general assembly a report documenting the number of individuals who have requested and received a nondriver's license photo identification for the purposes of voting under this section.  The report shall also include the number of persons requesting a nondriver's license for purposes of voting under this section, but not receiving such license, and the reason for the denial of the nondriver's license.

  8.  The precinct register shall serve as the voter identification certificate.  The following form shall be printed at the top of each page of the precinct register:

 | VOTER'S IDENTIFICATION CERTIFICATE
 | Warning: It is against the law for anyone to vote, or attempt to vote, without having a lawful right to vote.
 | PRECINCT
 | WARD OR TOWNSHIP ______
 | GENERAL (SPECIAL, PRIMARY) ELECTION
 |   | Held ______, 20______
 |   | Date
 | I hereby certify that I am qualified to vote at this election by signing my name and verifying my address by signing my initials next to my address.

  9.  The secretary of state shall promulgate rules to effectuate the provisions of this section.

  10.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.

  11.  If any voter is unable to sign his name at the appropriate place on the certificate or computer printout, an election judge shall print the name and address of the voter in the appropriate place on the precinct register, the voter shall make his mark in lieu of signature, and the voter's mark shall be witnessed by the signature of an election judge.

  12.  This section shall become effective only upon the passage and approval by the voters of a constitutional amendment submitted to them by the general assembly regarding the authorization of photo identification requirements for elections by general law.  If such constitutional amendment is approved by the voters, this section shall become effective June 1, 2017.

 115.429.  Person not allowed to vote — complaint may be filed — voter may be required to sign affidavit, when — false affidavit a class one offense. — 1.  The election judges shall not permit any person to vote unless satisfied that such person is the person whose name appears on the precinct register.

  2.  The identity or qualifications of any person offering to vote may be challenged by any election authority personnel, any registered voter, or any duly authorized challenger at the polling place.  No person whose right to vote is challenged shall receive a ballot until his or her identity and qualifications have been established.

  3.  Any question of doubt concerning the identity or qualifications of a voter shall be decided by a majority of the judges from the major political parties.  If such election judges decide not to permit a person to vote because of doubt as to his or her identity or qualifications, the person may apply to the election authority as provided in section 115.193 or file a complaint with the elections division of the secretary of state's office under and pursuant to section 115.219.

  4.  If the election judges cannot reach a decision on the identity or qualifications of any person, the question shall be decided by the election authority.

  5.  The election judges or the election authority may require any person whose right to vote is challenged to execute an affidavit affirming his or her qualifications.  The election authority shall furnish to the election judges a sufficient number of blank affidavits of qualification, and the election judges shall enter any appropriate information or comments under the title "Remarks" which shall appear at the bottom of the affidavit.  All executed affidavits of qualification shall be returned to the election authority with the other election supplies.  Any person who makes a false affidavit of qualification shall be guilty of a class one election offense.

 115.430.  Provisional ballots, used when, exceptions, procedure, counted when, how — rulemaking authority — free access system established — provisional ballot only used, when — no jurisdiction in state courts to extend polling hours. — 1.  This section shall apply to primary and general elections where candidates for federal or statewide offices are nominated or elected and any election where statewide issue or issues are submitted to the voters.

  2.  (1)  A voter claiming to be properly registered in the jurisdiction of the election authority and eligible to vote in an election, but whose eligibility at that precinct cannot be immediately established upon examination of the precinct register, shall be entitled to vote a provisional ballot after providing a form of personal identification required pursuant to section 115.427 or upon executing an affidavit under section 115.427, or may vote at a central polling place as established in section 115.115 where the voter may vote his or her appropriate ballot for his or her precinct of residence upon verification of eligibility or vote a provisional ballot if eligibility cannot be determined.  The provisional ballot provided to a voter under this section shall be the ballot provided to a resident of the voter's precinct determined by reference to the affidavit provided for in this section.  If the voter declares that the voter is eligible to vote and the election authority determines that the voter is eligible to vote at another polling place, the voter shall be directed to the correct polling place or a central polling place as established by the election authority pursuant to subsection 5 of section 115.115.  If the voter refuses to go to the correct polling place or a central polling place, the voter shall be permitted to vote a provisional ballot at the incorrect polling place, but such ballot shall not be counted if the voter was not eligible to vote at that polling place.

  (2)  The following steps shall be taken to establish a voter's eligibility to vote at a polling place:

  (a)  The election judge shall examine the precinct register as provided in section 115.425.  If the voter is registered and eligible to vote at the polling place, the voter shall receive a regular ballot;

  (b)  If the voter's eligibility cannot be immediately established by examining the precinct register, the election judge shall contact the election authority.  If the election authority cannot immediately establish that the voter is registered and eligible to vote at the polling place upon examination of the Missouri voter registration system, or if the election judge is unable to make contact with the election authority immediately, the voter shall be notified that the voter is entitled to a provisional ballot.

  (3)  The voter shall have the duty to appear and vote at the correct polling place.  If an election judge determines that the voter is not eligible to vote at the polling place at which a voter presents himself or herself, and if the voter appears to be eligible to vote at another polling place, the voter shall be informed that he or she may cast a provisional ballot at the current polling place or may travel to the correct polling place or a central polling place, as established by the election authority under subsection 5 of section 115.115, where the voter may cast a regular ballot or provisional ballot if the voter's eligibility still cannot be determined.  Provisional ballots cast at a polling place shall be counted only if the voter was eligible to vote at such polling place as provided in subsection 5 of this section.

  (4)  For a voter requesting an absentee ballot in person, such voter shall be entitled to cast a provisional ballot when the voter's eligibility cannot be immediately established upon examination of the precinct registers or the Missouri voter registration system.

  (5)  Prior to accepting any provisional ballot at the polling place, the election judges shall determine that the information provided on the provisional ballot envelope by the provisional voter is consistent with the identification provided by such person under section 115.427.

  3.  (1)  No person shall be entitled to receive a provisional ballot until such person has completed a provisional ballot affidavit on the provisional ballot envelope.

  (2)  The secretary of state shall produce appropriate sizes of provisional ballot envelopes and distribute them to each election authority according to their tabulating system.  All provisional ballot envelopes shall be printed on a distinguishable color of paper that is different from the color of the regular ballot.  The provisional ballot envelope shall be in the form required by subsection 4 of this section.  All provisional ballots shall be marked with a conspicuous stamp or other distinguishing mark that makes them readily distinguishable from the regular ballots.

  (3)  Once voted, the provisional ballot shall be placed and sealed in a provisional ballot envelope.

  4.  The provisional ballot in its envelope shall be deposited in the ballot box.  The provisional ballot envelope shall be completed by the voter for use in determining eligibility.  The provisional ballot envelope specified in this section shall contain a voter's certificate which shall be in substantially the following form:

 | STATE OF ______
 | COUNTY OF ______
 | I do solemnly swear (or affirm) that my name is ______; that my date of birth is ______; that the last four digits of my Social Security Number are ______; that I am registered to vote in ______ County or City (if a City not within a County), Missouri; that I am a qualified voter of said County (or City not within a County); that I am eligible to vote at this polling place; and that I have not voted in this election.
 | I understand that if the above-provided information is not correct and the election authority determines that I am not registered and eligible to vote, my vote will not be counted. I further understand that knowingly providing false information is a violation of law and subjects me to possible criminal prosecution.
 | __________________  |   | 
 | (Signature of Voter) |   | 
 | __________________  |   | 
 | (Current Address) |   | 
 | Subscribed and affirmed before me this ______ day of ______, 20______
 | __________________  |   | 
 | (Signature of Election Official)

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The voter may provide additional information to further assist the election authority in determining eligibility, including the place and date the voter registered to vote, if known.

  5.  (1)  Prior to counting any provisional ballot, the election authority shall determine if the voter is registered and eligible to vote and if the vote was properly cast.  The eligibility of provisional votes shall be determined according to the requirements for a voter to cast a ballot in the election as set forth in sections 115.133 and 115.135.  A provisional voter ballot shall not be eligible to be counted until the election authority has determined that:

  (a)  The voter cast such provisional ballot at a polling place established for the voter or the central polling place established by the election authority under subsection 5 of section 115.115;

  (b)  The individual who cast the provisional ballot is an individual registered to vote in the respective election at the polling place where the ballot was cast;

  (c)  The voter did not otherwise vote in the same election by regular ballot, absentee ballot, or otherwise; and

  (d)  The information on the provisional ballot envelope is found to be correct, complete, and accurate.

  (2)  When the ballot boxes are delivered to the election authority from the polling places, the receiving teams shall separate the provisional ballots from the rest of the ballots and place the sealed provisional ballot envelopes in a separate container.  Teams of election authority employees or teams of election judges with each team consisting of one member of each major political party shall photocopy each provisional ballot envelope, such photocopy to be used by the election authority to determine provisional voter eligibility.  The sealed provisional ballot envelopes shall be placed by the team in a sealed container and shall remain therein until tabulation.

  (3)  To determine whether a provisional ballot is valid and entitled to be counted, the election authority shall examine its records and verify that the provisional voter is properly registered and eligible to vote in the election.  If the provisional voter has provided information regarding the registration agency where the provisional voter registered to vote, the election authority shall make an inquiry of the registration agency to determine whether the provisional voter is properly registered and eligible to vote in the election.

  (4)  If the election authority determines that the provisional voter is registered and eligible to vote in the election, the election authority shall provide documentation verifying the voter's eligibility.  Such documentation shall be noted on the copy of the provisional ballot envelope and shall contain substantially the following information:

  (a)  The name of the provisional voter;

  (b)  The name of the reviewer;

  (c)  The date and time; and

  (d)  A description of evidence found that supports the voter's eligibility.

  (5)  The local election authority shall record on a provisional ballot acceptance/rejection list the provisional ballot identification number and a notation marking it as accepted.

  (6)  If the election authority determines that the provisional voter is not registered or eligible to vote in the election, the election authority shall provide documentation verifying the voter's ineligibility.  Such documentation shall be noted on the copy of the provisional ballot envelope and shall contain substantially the following information:

  (a)  The name of the provisional voter;

  (b)  The name of the reviewer;

  (c)  The date and time;

  (d)  A description of why the voter is ineligible.

  (7)  The local election authority shall record on a provisional ballot acceptance/rejection list the provisional ballot identification number and notation marking it as rejected.

  (8)  If rejected, a photocopy of the envelope shall be made and used by the election authority as a mail-in voter registration.  The actual provisional ballot envelope shall be kept as ballot material, and the copy of the envelope shall be used by the election authority for registration record keeping.

  6.  All provisional ballots cast by voters whose eligibility has been verified as provided in this section shall be counted in accordance with the rules governing ballot tabulation.  Provisional ballots shall not be counted until all provisional ballots are determined either eligible or ineligible and all provisional ballots must be processed before the election is certified.  The provisional ballot shall be counted only if the election authority determines that the voter is registered and eligible to vote.  Provisional ballots voted in the wrong polling place shall not be counted.  If the voter is not registered but is qualified to register for future elections, the affidavit shall be considered a mail-in application to register to vote pursuant to this chapter.

  7.  (1)  After the election authority completes its review of the provisional voter's eligibility under subsection 5 of this section, the election authority shall deliver the provisional ballots and copies of the provisional ballot envelopes that include eligibility information to bipartisan counting teams, which may be the board of verification, for review and tabulation.  The election authority shall maintain a record of such delivery.  The record shall include the number of ballots delivered to each team and shall include a signed receipt from two judges, one from each major political party.  The election authority shall provide each team with a ballot box and material necessary for tabulation.

  (2)  If the person named on the provisional ballot affidavit is found to have been properly qualified and registered to cast a ballot in the election and the provisional ballot otherwise qualifies to be counted under the provisions of this section, the envelope shall be opened, and the ballot shall be placed in a ballot box to be counted.

  (3)  If the person named on the provisional ballot affidavit is found not to have been properly qualified and registered to cast a ballot in the election or if the election authority is unable to determine such person's right to vote, the envelope containing the provisional ballot shall not be opened, and the person's vote shall not be counted.  The members of the team shall follow the procedures set forth in subsection 5 of this section for rejected provisional ballots.

  (4)  The votes shall be tallied and the returns made as provided in sections 115.447 to 115.525 for paper ballots. After the vote on all ballots assigned to a team have been counted, the ballots, ballot envelopes, and copies of ballot envelopes with the eligibility information provided by the election authority shall be enclosed in sealed containers marked "Voted provisional ballots and ballot envelopes from the election held ______, 20______".  All rejected provisional ballots, ballot envelopes, and copies of ballot envelopes with the eligibility information provided by the election authority shall be enclosed in sealed containers marked "Rejected provisional ballots and ballot envelopes from the election held ______, 20______".  On the outside of each voted ballot and rejected ballot container, each member of the team shall write their name and all such containers shall be returned to the election authority.  Upon receipt of the returns and ballots, the election authority shall tabulate the provisional votes.

  8.  Challengers and watchers, as provided by sections 115.105 and 115.107, may be present during all times that the bipartisan counting teams are reviewing or counting the provisional ballots, the provisional ballot envelopes, or copies of the provisional ballot envelopes that include eligibility information provided by the election authority.  Challengers and watchers shall be permitted to observe the determination of the eligibility of all provisional ballots.  The election authority shall notify the county chair of each major political party of the time and location when bipartisan counting teams will be reviewing or counting the provisional ballots, the provisional ballot envelopes, or the copies of the provisional ballot envelopes that include the eligibility information provided by the election authority.

  9.  The certificate of ballot cards shall:

  (1)  Reflect the number of provisional envelopes delivered; and

  (2)  Reflect the number of sealed provisional envelopes with voted ballots deposited in the ballot box.

  10.  In counties where the voting system does not utilize a paper ballot, the election authority shall provide the appropriate provisional ballots to each polling place.

  11.  The secretary of state may promulgate rules for purposes of ensuring the uniform application of 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.

  12.  The secretary of state shall design and provide to the election authorities the envelopes and forms necessary to carry out the provisions of this section.

  13.  Pursuant to the Help America Vote Act of 2002, the secretary of state shall ensure a free access system is established, such as a toll-free number or an internet website, that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted.  At the time an individual casts a provisional ballot, the election authority shall give the voter written information that states that any individual who casts a provisional ballot will be able to ascertain under such free access system whether the vote was counted, and if the vote was not counted, the reason that the vote was not counted.

  14.  In accordance with the Help America Vote Act of 2002, any individual who votes in an election as a result of a court order or any other order extending the time established for closing the polls in section 115.407 may vote only by using a provisional ballot, and such provisional ballot shall be separated and held apart from other provisional ballots cast by those not affected by the order.  Such ballots shall not be counted until such time as the ballots are determined to be valid.  No state court shall have jurisdiction to extend the polling hours established by law, including section 115.407.

 115.431.  Identification certificates to be initialed by judges and preserved as poll lists. — Upon satisfactory identification of the voter, two judges of different political parties shall place their initials on the line where the voter signed the precinct register or, if electronic pollbooks are used, two judges of different political parties shall make the appropriate mark on the pollbook.  The computerized or paper precinct register shall then constitute the poll list.

 115.433.  Judges to initial paper ballots, when. — After the voter's identification certificate has been initialed, two judges of different political parties, or one judge from a major political party and one judge with no political affiliation, shall, where paper ballots are used, initial the voter's ballot or ballot card.

 115.435.  Voter to proceed to voting booth, when. — After initialing the voter's identification certificate and after completing any procedures required by section 115.433, the election judges shall allow the voter to proceed to the voting booth and vote.

 115.436.  Physically disabled may vote at polling place, procedure. — 1.  In jurisdictions using paper ballots and electronic voting systems, when any physically disabled voter within two hundred feet of a polling place is unable to enter the polling place, two election judges, one of each major political party, shall take a ballot, equipment and materials necessary for voting to the voter.  The voter shall mark the ballot, and the election judges shall place the ballot in an envelope and place it in the ballot box.

  2.  In jurisdictions using voting machines, when any physically disabled voter within two hundred feet of a polling place is unable to enter the polling place, two election judges, one of each major political party, shall take an absentee ballot to the voter.  The voter shall mark the ballot, and the election judges shall place the ballot in an envelope and place it in the ballot box.

  3.  Upon request to the election authority, the election authority in any jurisdiction shall designate a polling place accessible to any physically disabled voter other than the polling place to which that voter would normally be assigned to vote, provided that the candidates and issues voted on are consistent for both the designated location and the voting location for the voter's precinct.  Upon request, the election authority may also assign members of the physically disabled voter's household and such voter's caregiver to the same voting location as the physically disabled voter.  In no event shall a voter be assigned under this section to a designated location apart from the established voting location for the voter's precinct if the voter objects to the assignment to another location.

 115.439.  Procedure for voting paper ballot — rulemaking authority. — 1.  If paper ballots are used, the voter shall, immediately upon receiving his ballot, go alone to a voting booth and vote his ballot in the following manner:

  (1)  When a voter desires to vote for a candidate, the voter shall place a distinguishing mark immediately beside the name of the candidate for which the voter intends to vote;

  (2)  If a write-in line appears on the ballot, the voter may write the name of the person for whom he or she wishes to vote on the line and place a distinguishing mark immediately beside the name;

  (3)  If the ballot is one which contains no candidates, the voter shall place a distinguishing mark directly to the left of each "YES" or "NO" he desires to vote.  

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No voter shall vote for the same person more than once for the same office at the same election.

  2.  If the voter accidentally spoils his ballot or ballot card or makes an error, he may return it to an election judge and receive another.  The election judge shall mark "SPOILED" across the ballot or ballot card and place it in an envelope marked "SPOILED BALLOTS".  After another ballot has been prepared in the manner provided in section 115.433, the ballot shall be given to the voter for voting.

  3.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.

115.441.  Delay by voter prohibited. — Each voter shall vote without undue delay.

 115.443.  Paper ballots, how marked — electronic voting machines, how voted. — 1.  Where paper ballots are used, the voter shall, before leaving the voting booth, fold his ballot so that the distinguishing marks are concealed.  The voter shall place his ballot in the ballot box and leave the polling place immediately.

  2.  Where electronic voting machines are used, the voter shall register his vote as directed in the instructions for use of the machine and leave the polling place immediately.

 115.445.  No one but voter in booth, exception. — 1.  Except as provided in subsections 2 and 3 of this section, no one other than the voter shall be permitted in any voting booth or permitted to be in any position where he may see how a voter is voting.

  2.  If any voter, after entering a voting booth, asks for further instructions concerning the manner of voting, two election judges of different political parties shall give such instructions.  Such judges shall not enter the voting booth unless it is impossible to give the instructions otherwise.  After giving the instructions, the judges shall leave the area and take all necessary measures to insure that the voter casts his vote in secret.

  3.  If any voter declares under oath to the election judges that he cannot read or write, is blind or has any other physical disability and cannot vote his ballot, he may be assisted by the election judges or by any person of his own choice other than a judge.  If the voter asks for the assistance of election judges, two judges of different political parties shall go to the voting booth and cast his vote as he directs.  If the voter asks for the assistance of someone other than election judges, the assistant shall go to the voting booth with the voter and cast his vote as he directs.  No person, other than election judges and members of such voters' immediate families, shall assist more than one voter at one election.

  4.  A child under the age of eighteen shall be allowed to accompany his or her parent, grandparent, or guardian into a voting booth.

 115.113.  Precincts, how established — new political subdivisions, duty to identify voters of. — 1.  The basic election district shall be the precinct.  In each jurisdiction, precinct boundaries shall be established by the election authority.  Every effort shall be made by the election authority to establish precinct lines which do not cross political subdivision or special district boundaries.  Upon mail notification of each voter affected by the change, or publication of the new boundaries in a newspaper of general circulation in its jurisdiction, the election authority may change precinct boundaries from time to time as convenience may require.

  2.  When a political subdivision is formed, the political subdivision shall assist the election authority in determining the identity of all registered voters residing in each precinct eligible to vote in elections affecting the district.

 115.115.  Polling places, how designated, exception — notice to voters — voters not required to go to more than one polling place — elderly and handicapped polling places, common sites — plan for increased accessibility, contents. — 1.  Except as provided in subsection 2 of this section or in section 115.436, for each election within its jurisdiction, the election authority shall designate a polling place for each precinct within which any voter is entitled to vote at the election.

  2.  For any election, the election authority shall have the right to consolidate two or more adjoining precincts for voting at a single polling place and to designate one set of judges to conduct the election for such precincts.  Voters shall be notified of the place for voting in the manner provided in section 115.127 or 115.129.

  3.  No person shall be required to go to more than one polling place to vote on the same day.

  4.  Prior to the opening of the polling places on any election day, if candidates or issues for more than one political subdivision or district are to be voted for at one precinct, the election authority for that precinct shall provide color-coded ballots, or ballots with other distinguishing codes, to show what candidates and issues the voter is eligible to vote, based on the voter's place of residence, so that on election day no voter will have an opportunity to vote for candidates or issues for which the voter is not entitled to vote.  If such ballots are not available, the election authority shall be notified and voting at that precinct shall not begin until appropriate ballots are available.

  5.  Each local election authority shall designate one common site and may designate up to four additional common sites as election day central polling places designed for accessibility to voters who have physical disabilities, the elderly, and any other registered voter authorized by law to vote at a central polling place.  Such sites shall conform to nationally accepted accessibility standards.  In addition to being able to supply such voters with their appropriate ballots, and being open during regular voting hours, such a polling place shall otherwise be staffed and operated in accordance with law, especially as provided in subsection 3 of section 115.436 and subsection 3 of section 115.445, and like any other polling place, insofar as possible.

  6.  Subject to receipt of sufficient Section 261 funds authorized by the Help America Vote Act of 2002, the secretary of state shall develop a comprehensive plan for increased polling place accessibility.  The secretary of state shall apply for funds pursuant to Section 261 of the Help America Vote Act of 2002 and may allocate Section 101 of the Help America Vote Act of 2002 funding after reaching full compliance of Title III of the Help America Vote Act of 2002.  Any funds received pursuant to Section 291 of the Help America Vote Act of 2002 may be used for provisions of this section.  The plan shall include:

  (1)  Completion of a comprehensive audit of current polling place accessibility using nationally accepted standards for architectural accessibility such as the Federal Election Commission Polling Place Accessibility Survey or other survey developed using the Americans with Disabilities Act Accessibility Guidelines.  Audits shall be completed no later than twelve months after receipt of Section 261 of the Help America Vote Act of 2002 funds.  The audit shall include recommendations and cost estimates for each polling place to achieve accessibility and shall be procured in accordance with chapter 34;

  (2)  Development of the plan, including time lines for barrier removal and funding needed to achieve one hundred percent polling place accessibility within twenty-four months after the completion of the audit.  The implementation plan may be used by local election authorities in applying for any available federal and state funds available to improve polling place accessibility and shall be submitted to the general assembly by the secretary of state for use in determining future requirements and funding needs for polling place accessibility;

  (3)  Establishment of an oversight committee made up of individuals with disabilities, disability organizations, advocates, and election officials to assist the activities pursuant to this section.

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Nothing in this section shall be construed to limit the ability of local election authorities to apply for and receive grants for polling place accessibility pursuant to Section 261 of the Help America Vote Act of 2002 prior to the completion of the survey authorized pursuant to this section.  Improvements to polling places made with grants received pursuant to Section 261 of the Help America Vote Act of 2002 shall be used to meet standards as outlined in this section unless the requirements of the grant exceed these requirements.

 115.117.  Tax-supported buildings must be made available as polling places — may rent private polling place, when. — 1.  The election authority may designate tax-supported public buildings or buildings owned by any political subdivision or special district to be used as polling places for any election, and no official in charge or control of any such public building shall refuse to permit the use of the building for election purposes.  The election authority shall have the right to choose the location of the polling place within such buildings.

  2.  If an election authority determines there is no public building convenient for a polling place in any voting district, the authority shall first attempt to secure the use of a privately owned tax-exempt building, and in the event no such building is available, it may contract for the rental of a suitable polling place in the district.

  3.  In selecting polling places, the election authority shall consider parking areas which may be available and shall give priority to those places which have adequate parking areas for use by poll workers and voters.

 115.119.  Polling place to be marked. — Each polling place shall be plainly marked with a sign posted in a place and manner sufficient to notify voters of the location of the polling place.

115.157.  Registration information may be computerized, information required — voter lists may be sold — candidates may receive list for reasonable fee — computerized registration system, requirements — voter history and information, how entered, when released — records closed, when. — 

1.  The election authority may place all information on any registration cards in computerized form in accordance with section 115.158.  No election authority or secretary of state shall furnish to any member of the public electronic media or printout showing any registration information, except as provided in this section.  Except as provided in subsection 2 of this section, the election authority or secretary of state shall make available electronic media or printouts showing unique voter identification numbers, voters' names, dates of birth, addresses, townships or wards, and precincts.  Electronic data shall be maintained in at least the following separate fields:

 (1)  Voter identification number;

 (2)  First name;

 (3)  Middle initial;

 (4)  Last name;

 (5)  Suffix;

 (6)  Street number;

 (7)  Street direction;

 (8)  Street name;

 (9)  Street suffix;

 (10)  Apartment number;

 (11)  City;

 (12)  State;

 (13)  Zip code;

 (14)  Township;

 (15)  Ward;

 (16)  Precinct;

 (17)  Senatorial district;

 (18)  Representative district;

 (19)  Congressional district.

 2.  All election authorities shall enter voter history in their computerized registration systems and shall, not more than six months after the election, forward such data to the Missouri voter registration system established in section 115.158.  In addition, election authorities shall forward registration and other data in a manner prescribed by the secretary of state to comply with the Help America Vote Act of 2002.

 3.  Except as provided in subsection 6 of this section, the election authority shall furnish, for a fee, electronic media or a printout showing the names, dates of birth and addresses of voters, or any part thereof, within the jurisdiction of the election authority who voted in any specific election, including primary elections, by township, ward or precinct, provided that nothing in this chapter shall require such voter information to be released to the public over the internet.

 4.  Except as provided in subsection 6 of this section, upon a request by a candidate, a duly authorized representative of a campaign committee, or a political party committee, the secretary of state shall furnish, for a fee determined by the secretary of state and in compliance with section 610.026, media in an electronic format or, if so requested, in a printed format, showing the names, addresses, and voter identification numbers of voters within the jurisdiction of a specific election authority who applied for an absentee ballot under section 115.279 for any specific election involving a ballot measure or an office for which the declaration of candidacy is required to be filed with the secretary of state pursuant to section 115.353, including primary elections, by township, ward, or precinct.  Nothing in this section shall require such voter information to be released to the public over the internet.  For purposes of this section, the terms "candidate", "campaign committee", and "political party committee" shall have the same meaning given to such terms in section 130.011.

 5.  The amount of fees charged for information provided in this section shall be established pursuant to chapter 610.  All revenues collected by the secretary of state pursuant to this section shall be deposited in the state treasury and credited to the secretary of state's technology trust fund account established pursuant to section 28.160.  In even-numbered years, each election authority shall, upon request, supply the voter registration list for its jurisdiction to all candidates and party committees for a charge established pursuant to chapter 610.  Except as provided in subsection 6 of this section, all election authorities shall make the information described in this section available pursuant to chapter 610.  Any election authority who fails to comply with the requirements of this section shall be subject to the provisions of chapter 610.

 6.  Any person working as an undercover officer of a local, state or federal law enforcement agency, persons in witness protection programs, and victims of domestic violence and abuse who have received orders of protection pursuant to chapter 455 shall be entitled to apply to the circuit court having jurisdiction in his or her county of residence to have the residential address on his or her voter registration records closed to the public if the release of such information could endanger the safety of the person.  Any person working as an undercover agent or in a witness protection program shall also submit a statement from the chief executive officer of the agency under whose direction he or she is serving.  The petition to close the residential address shall be incorporated into any petition for protective order provided by circuit clerks pursuant to chapter 455.  If satisfied that the person filing the petition meets the qualifications of this subsection, the circuit court shall issue an order to the election authority to keep the residential address of the voter a closed record and the address may be used only for the purposes of administering elections pursuant to this chapter.  The election authority may require the voter who has a closed residential address record to verify that his or her residential address has not changed or to file a change of address and to affirm that the reasons contained in the original petition are still accurate prior to receiving a ballot.  A change of address within an election authority's jurisdiction shall not require that the voter file a new petition.  Any voter who no longer qualifies pursuant to this subsection to have his or her residential address as a closed record shall notify the circuit court.  Upon such notification, the circuit court shall void the order closing the residential address and so notify the election authority.

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(L. 1977 H.B. 101 § 7.070, A.L. 1982 S.B. 526, A.L. 1986 H.B. 1471, et al., A.L. 1988 H.B. 933, et al., A.L. 1993 S.B. 88, A.L. 1994 S.B. 635, A.L. 1996 H.B. 1557 & 1489, A.L. 1999 H.B. 676, A.L. 2002 S.B. 675, A.L. 2003 H.B. 511, A.L. 2018 H.B. 1446 merged with S.B. 592)

Revisor's Note: This section was amended by both H.B. 1446 and S.B. 592, 2018.  In 2021, H.B. 1446 was declared unconstitutional in City of De Soto v. Parson, 2021 WL 3117987 (Mo.banc).  All of the amendments to this section in H.B. 1446, 2018, were also contained in S.B. 592, 2018.  As a result, the amendments to this section in S.B. 592, 2018, remain in effect.

115.900.  Citation of law. — Sections 115.900 to 115.936 may be cited as the "Uniformed Military and Overseas Voters Act".

 115.902.  Definitions. — As used in sections 115.900 to 115.936, the following terms shall mean:

  (1)  "Covered voter":

  (a)  A uniformed services voter who is registered to vote in this state;

  (b)  A uniformed services voter defined in this section whose voting residence is in this state and who otherwise satisfies this state's voter eligibility requirements; or

  (c)  An overseas voter;

  (2)  "Dependent", an individual recognized as a dependent by a uniformed service;

  (3)  "Federal postcard application", the application prescribed under Section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff(b)(2);

  (4)  "Federal write-in absentee ballot", the ballot described in Section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff-2;

  (5)  "Military-overseas ballot":

  (a)  A federal write-in absentee ballot;

  (b)  A ballot specifically prepared or distributed for use by a covered voter in accordance with sections 115.900 to 115.936; and

  (c)  A ballot cast by a covered voter in accordance with sections 115.900 to 115.936;

  (6)  "Overseas voter":

  (a)  A person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or

  (b)  A person who resides outside the United States and, but for such residence, would be qualified to vote in the last place in which the person was domiciled before leaving the United States;

  (7)  "State", a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;

  (8)  "Uniformed services":

  (a)  Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;

  (b)  The Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or

  (c)  The Missouri National Guard;

  (9)  "Uniformed services voter", an individual who is qualified to vote and is:

  (a)  A member of the active or reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States who is on active duty;

  (b)  A member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States;

  (c)  A member on activated status of the National Guard; or

  (d)  A spouse or dependent of a member referred to in this subdivision;

  (10)  "United States", used in the territorial sense, the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

 115.904.  Applicability. — The voting procedures in sections 115.900 to 115.936 shall apply to:

  (1)  A general, special, presidential preference, or primary election for federal office;

  (2)  A general, special, or primary election for statewide or state legislative office or state ballot measure; or

  (3)  Any election in which absentee voting is conducted pursuant to sections 115.275 to 115.304.

 115.906.  Secretary of state to implement, duties. — 1.  The secretary of state shall be responsible for implementing sections 115.900 to 115.936 and the state's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C.  Section 1973ff, et seq.

  2.  The secretary of state shall make available to covered voters information regarding voter registration procedures for covered voters and procedures for casting military-overseas ballots.  The secretary of state may delegate the responsibility under this subsection only to the state office designated in compliance with Section 102(b)(1) of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff-1(b)(1).

  3.  The secretary of state shall establish an electronic transmission system through which a covered voter may apply for and receive voter registration materials, military-overseas ballots, and other information under sections 115.900 to 115.936.

  4.  The secretary of state shall:

  (1)  Develop standardized absentee-voting materials, including privacy and transmission envelopes and their electronic equivalents, authentication materials, and voting instructions, to be used with the military-overseas ballot of a voter authorized to vote in any jurisdiction in this state; and

  (2)  To the extent reasonably possible, coordinate with other states to carry out this subsection.

  5.  The secretary of state shall prescribe the form and content of a declaration for use by a covered voter to swear or affirm specific representations pertaining to the voter's identity, eligibility to vote, status as a covered voter, and timely and proper completion of a military-overseas ballot.  The declaration shall be based on the declaration prescribed to accompany a federal write-in absentee ballot, as modified to be consistent with sections 115.900 to 115.936.  The secretary of state shall ensure that a form for the execution of the declaration, including an indication of the date of execution of the declaration, is a prominent part of all balloting materials for which the declaration is required.

 115.908.  Federal postcard application permitted — declaration for federal write-in absentee ballot used to register to vote, when — electronic transmissions, secretary of state's duties. — 1.  To apply to register to vote, in addition to any other approved method, a covered voter may use a federal postcard application, or the application's electronic equivalent.

  2.  A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received no later than 5:00 p.m. on the fourth Tuesday prior to the election.  If the declaration is received after that date, it shall be treated as an application to register to vote for subsequent elections.

  3.  The secretary of state shall ensure that the electronic transmission system described in subsection 3* of section 115.906 is capable of accepting both a federal postcard application and any other approved electronic registration application sent to the appropriate election official.  The voter may use the electronic transmission system or any other approved method to register to vote.

 115.910.  Application procedure. — 1.  A covered voter who is registered to vote in this state may apply for a military-overseas ballot using either the application for absentee ballot under section 115.279 or the federal postcard application or the application's electronic equivalent.

  2.  A covered voter who is not registered to vote in this state may use a federal postcard application or the application's electronic equivalent to apply simultaneously to register to vote under section 115.908 and for a military-overseas ballot.

  3.  The secretary of state shall ensure that the electronic transmission system described in section 115.906 is capable of accepting the submission of both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate election official.  The voter may use the electronic transmission system or any other approved method to apply for a military-overseas ballot.

  4.  A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the appropriate election official by 5:00 p.m. on the second Wednesday immediately prior to the election.

  5.  To receive the benefits of sections 115.900 to 115.936, a covered voter shall inform the election authority that the voter is a covered voter.  Methods of informing the election authority that a voter is a covered voter include:

  (1)  The use of a federal postcard application or federal write-in absentee ballot;

  (2)  The use of an overseas address on an approved voter registration application or ballot application; or

  (3)  The inclusion on an approved voter registration application or ballot application of other information sufficient to identify the voter as a covered voter.

 115.912.  Timeliness of application, when. — An application for a military-overseas ballot is timely if received by 5:00 p.m. on the Friday prior to the election.  An application for a military-overseas ballot for a primary election, whether or not timely, shall be effective as an application for a military-overseas ballot for the general election.

 115.914.  Transmission of ballots to voters, when. — 1.  For an election described in section 115.904 for which this state has not received a waiver under Section 579 of the Military and Overseas Voter Empowerment Act, 42 U.S.C. Section 1973ff-1(g)(2), not later than forty-five days before the election or, if the forty-fifth day before the election is a weekend or holiday, not later than the business day preceding the forty-fifth day, the election authority in each jurisdiction charged with distributing a ballot and balloting materials shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application.

  2.  A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose facsimile transmission or electronic mail delivery, or, if offered by the voter's jurisdiction, internet delivery.  The election authority in each jurisdiction charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter.

  3.  If a ballot application from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to voters, the election authority charged with distributing a ballot and balloting materials shall transmit them to the voter not later than two business days after the application arrives.

 115.916.  Receipt of ballot by election authority, deadline. — To be valid, a military-overseas ballot shall be received by the appropriate local election official not later than the close of the polls, or the voter shall submit the ballot for mailing, or other authorized means of delivery not later than 12:01 a.m., at the place where the voter completes the ballot, on the date of the election.

 115.918.  Federal write-in absentee ballot, used to vote, when. — A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in section 115.904.

 115.920.  Ballot to be counted, when. — 1.  A valid military-overseas ballot cast in accordance with section 115.916 shall be counted if it is received before noon on the Friday after election day so that certification under section 115.508* may commence.

  2.  If, at the time of completing a military-overseas ballot and balloting materials, the voter has declared under penalty of perjury that the ballot was timely submitted, the ballot shall not be rejected on the basis that it has a late postmark, an unreadable postmark, or no postmark.

 115.922.  Declaration to accompany ballot — penalty for misstatement of fact. — A military-overseas ballot shall include or be accompanied by a declaration signed by the voter that a material misstatement of fact in completing the ballot may be grounds for a conviction of perjury under the laws of the United States or this state.

 115.924.  Electronic free-access system required, contents. — The secretary of state, in coordination with local election authorities, shall implement an electronic free-access system by which a covered voter may determine:

  (1)  The voter's federal postcard application or other registration or military-overseas ballot application has been received and accepted; and

  (2)  The voter's military-overseas ballot has been received and the current status of the ballot.

 115.926.  Electronic-mail address to be requested, use, confidentiality of. — 1.  The election authority shall request an electronic-mail address from each covered voter who registers to vote.  An electronic-mail address provided by a covered voter shall not be made available to the public or any individual or organization other than an authorized agent of the local election authority and is exempt from disclosure under the Missouri sunshine law contained in chapter 610.  The address shall be used only for official communication with the voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission, and verifying the voter's mailing address and physical location.  The request for an electronic-mail address shall describe the purposes for which the electronic-mail address may be used and include a statement that any other use or disclosure of the electronic-mail address is prohibited.

  2.  A covered voter who provides an electronic-mail address may request that the voter's application for a military-overseas ballot be considered a standing request for electronic delivery of a ballot for all elections held through December thirty-first of the year following the calendar year of the date of the application or another shorter period the voter specifies.  An election authority shall provide a military-overseas ballot to a voter who makes a standing request for each election to which the request is applicable.  A covered voter who is entitled to receive a military-overseas ballot for a primary election under this subsection is entitled to receive a military-overseas ballot for the general election.

 115.928.  Federal write-in absentee ballots, electronic notice, when-procedure. — 1.  Not later than the tenth Tuesday before a regularly scheduled election and as soon as practicable before an election not regularly scheduled, the election authority in each jurisdiction charged with printing and distributing ballots and balloting material shall prepare an election notice for that jurisdiction, to be used in conjunction with a federal write-in absentee ballot.  The election notice shall contain a list of all of the ballot measures and federal, state, and local offices that, as of that date, the official expects to be on the ballot on the date of the election.  The notice also shall contain specific instructions for how a voter is to indicate on the federal write-in absentee ballot the voter's choice for each office to be filled and for each ballot measure to be contested.

  2.  A covered voter may request a copy of an election notice.  The election authority charged with preparing the election notice shall send the notice to the voter by facsimile, electronic mail, or regular mail, as the voter requests.

  3.  Not later than forty-five days prior to the election, the official charged with preparing the election notice under subsection 1 of this section shall update the notice with the certified candidates for each office and ballot measure questions and make the updated notice publicly available.

  4.  A local election jurisdiction that maintains an internet website shall make the election notice prepared under subsection 1 of this section and updated versions of the election notice regularly available on the website.

 115.930.  Mistake or omission not to invalidate document, when — notarization not required, when. — 1.  If a voter's mistake or omission in the completion of a document under sections 115.900 to 115.936 does not prevent determining whether a covered voter is eligible to vote, the mistake or omission shall not invalidate the document.  Failure to satisfy a nonsubstantive requirement, such as using paper or envelopes of a specified size or weight, shall not invalidate a document submitted under sections 115.900 to 115.936.  In a write-in ballot authorized by sections 115.900 to 115.936 or in a vote for a write-in candidate on a regular ballot, if the intention of the voter is discernable under this state's uniform definition of what constitutes a vote, an abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be accepted as a valid vote.

  2.  Notarization shall not be required for the execution of a document under sections 115.900 to 115.936.  An authentication, other than the declaration specified in section 115.922 or the declaration on the federal postcard application and federal write-in absentee ballot, shall not be required for execution of a document under sections 115.900 to 115.936.  The declaration and any information in the declaration may be compared with information on file to ascertain the validity of the document.

 115.932.  Compliance, court may issue injunction or grant other equitable relief. — A court may issue an injunction or grant other equitable relief appropriate to ensure substantial compliance with, or enforce, sections 115.900 to 115.936 on application by:

  (1)  A covered voter alleging a grievance under sections 115.900 to 115.936; or

  (2)  An election authority in this state.

 115.934.  Uniformity of law to be considered. — In applying and construing sections 115.900 to 115.936, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

 115.936.  Act to supersede other federal law, when. — Sections 115.900 to 115.936 modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C.  Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).

 115.960.  Electronic signatures accepted, when — system to be used — inapplicability — petitions, authorized signatures — confidentiality of data. — 1.  An election authority is authorized to accept voter registration applications with a signature submitted to the election authority under the provisions of sections 432.200 to 432.295 as provided in this section:

  (1)  Sections 432.200 to 432.295 shall only apply to transactions between parties that have agreed to conduct transactions by electronic means;

  (2)  Except as provided in subsection 2 of this section, as used in this section and sections 432.200 to 432.295, the parties who agree to conduct voter registration transactions by electronic means shall be the local election authority who is required to accept or reject a voter registration application and the prospective voter submitting the application;

  (3)  A local election authority is authorized to develop, maintain, and approve systems that transmit voter registration applications electronically under sections 432.200 to 432.295;

  (4)  Except as provided in subsection 2 of this section, no officer, agency, or organization shall collect or submit a voter registration application with an electronic signature to an election authority without first obtaining approval of the data and signature format from the local election authority and the approval of the voter to collect and store the signature and data; and

  (5)  Local election authorities who maintain a voter registration application system shall direct voter registration applicants from other jurisdictions to the system used by the local election authority for that jurisdiction to accept voter registration applications electronically.

  2.  A system maintained by the secretary of state's office shall be used to accept voter registration applications electronically subsequent to approval from the committee formed as set forth in this subsection:

  (1)  Within thirty days of, but in no event prior to January 1, 2017, the president of the Missouri Association of County Clerks and Election Authorities shall appoint fourteen of its members to serve on a committee to approve and develop uniform standards, systems, and modifications that shall be used by the secretary of state in any electronic voter registration application system offered by that office.  The committee may also make recommendations regarding the purchase, maintenance, integration, and operation of electronic databases, software, and hardware used by local election authorities and the secretary of state's office including, but not limited to, systems used for military and overseas voting and for building and conducting election operations.  The committee shall have fourteen local election authorities, including representatives of each classification of counties, a representative from an election board, and at least one member who has experience processing online voter registration transactions.  In addition, one representative appointed by the secretary of state's office shall serve on the committee;

  (2)  The committee shall immediately meet to approve electronic signature formats and a minimum set of data collection standards for use in a voter registration application system maintained by the secretary of state;

  (3)  Once the format and data collection standards are approved by the committee and implemented for the system maintained by the secretary of state, local election authorities shall accept the transmission of voter registration applications submitted to the approved system under the provisions of sections 432.200 to 432.295;

  (4)  The secretary of state's office shall direct eligible voters to a local election authority's system to accept voter registration applications electronically if the local election authority has a system in place as of August 28, 2016, or implements a system that meets the same standards and format that has been approved by the committee for the secretary of state's system;

  (5)  The committee shall meet not less than semiannually through June 30, 2019, to recommend and approve changes and enhancements proposed by the secretary of state or election authorities to the electronic voter registration application system.  Vacancies that occur on the committee shall be filled by the president of the Missouri Association of County Clerks and Election Authorities at the time of the vacancy;

  (6)  To improve the accuracy of voter registration application data and reduce costs for local election authorities, the system maintained by the secretary of state shall, as soon as is practical, provide a method where the data entered by the voter registration applicant does not have to be re-entered by the election authority to the state voter registration database.

  3.  Each applicant who registers using an approved electronic voter registration application system shall be deemed to be registered as of the date the signed application is submitted to the system, if such application is accepted and not rejected by the election authority and the verification notice required under section 115.155 is not returned as undeliverable by the postal service.

  4.  This section shall not apply to voter registration and absentee records submitted by voters authorized under federal law, section 115.291, or sections 115.900 to 115.936 to submit electronic records and signatures.

  5.  High quality copies, including electronic copies, of signatures made on paper documents may be used for petition signature verification purposes and retained as records.

  6.  Any signature required for petition submission under chapter 116 shall be handwritten on a paper document.

  7.  Notwithstanding the provisions of section 432.230, nothing in this section shall require the election authority to accept voter registration records or signatures created, generated, sent, communicated, received, stored, or otherwise processed, or used by electronic means or in electronic form from any officer, agency, or organization not authorized under subsection 2 of this section without prior approval from the election authority.  Except as provided in subsection 2 of this section, no officer, agency, or organization shall give the voter the opportunity to submit a voter registration application with an electronic signature without first obtaining the approval of the local election authority.

  8.  An election authority that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means.

  9.  No election authority or the secretary of state shall furnish to any member of the public any data collected under a voter registration application system except as authorized in subsections 1 to 5* of section 115.157.

  10.  Nothing in this section shall be construed to require the secretary of state to cease operating a voter registration application in place as of the effective date of this act**.