CCS/SS/SCS/HS/HB 511 - The Secretary of State is responsible for overseeing state compliance with HAVA, including the establishment of state-based administrative complaint procedures to remedy grievances concerning a violation of Title III of HAVA, and providing voter registration information to absent uniformed services voters regarding elections for federal office (Section 28.035).

The Governor may appoint additional nonvoting representatives to the Boards of Election Commissioners (Section 115.027). This act provides that the governing body of Platte county shall approve all annual general operating expenditures from their general revenue fund to local election boards (Section 115.073). This provision is also contained in SB 358 (2003).

The act provides that federal funds may be used for loan programs to local election authorities and allows, but does not require, local election authorities to match the federal funds (Sections 115.074, 115.076, 115.098, and 115.801). The "Election Administration Improvements Fund" is created for the purpose of improving the administration of elections in the state. A revolving loan fund is established for improving the administration of elections through loans (Section 115.078). In order to meet funding requirements needed to obtain federal moneys, the state shall transfer moneys to the state election subsidy fund at a level equal to the amount expended in the fund for fiscal year 2000. Any excess moneys in the state election subsidy fund at the end of the fiscal year shall be transferred to the election administration improvements fund. This act also directs funds received from HAVA for the development of the state plan on how HAVA funds will be used (Section 115.077).

A statewide pool for election judges is created and requires election authorities, before appointing judges from another jurisdiction, to obtain written consent from the election authority of the jurisdiction where the prospective judges are registered to vote. Employees of the state and boards are allowed to serve as election judges (Section 115.085).

Election authorities are required to establish training courses for election judges to incorporate the curriculum developed by the Secretary of State (Section 115.103). Procedures for the naming of challengers and watchers are created. Challengers and watchers must be registered voters from the jurisdiction of the election authority for which the challenger or watcher is designated (Sections 115.105 and 115.107).

The act allows election authorities to designate up to four additional common sites as central polling places designed for accessibility to voters with physical disabilities, the elderly and other voters authorized to vote at central polling places. Subject to sufficient funding, the secretary of state shall develop a comprehensive plan for increased polling place accessibility. The act defines what shall be included in the plan (Section 115.115).

Courts shall not have the authority to order a candidate or issue to be placed on the ballot less than six weeks before the date of election, except as otherwise authorized by law (Section 115.125).

Except for Kansas City and any political subdivisions or special districts located in such city, this act changes the opening day for filing a declaration of candidacy for offices in political subdivisions and special districts from the 15th Tuesday before the election in April to the 16th Tuesday before the election. Except for Kansas City and any political subdivision or special district in such city, the act also modifies the date before which the political subdivision or special district must notify the general public of the opening filing date, the offices to be filled, the place for filing and closing filing date from the 15th Tuesday before the election to the 16th Tuesday before the election (Section 115.127). This provision is similar to SB 136 (2003).

As required by HAVA, certain information is added to the voter registration form in Section 115.155. An applicant that fails to answer a question on U.S. citizenship shall be notified by the election authority and given the opportunity to complete the form. Election authorities are required to forward registration and other data to the Secretary of State in order to comply with HAVA (Section 115.157).

In order to comply with HAVA, the act creates the Missouri Voter Registration System, which is a computerized statewide voter registration list. The system shall be implemented by January 1, 2004, unless a delay is approved until January 1, 2006. The system replaces the "Centralized Voter Registration System". The Secretary of State and local election authorities shall cooperate in updating the system on a regular basis and may use the system for the collection and dissemination of election results. Information collected for the system shall not be used for commercial purposes, as defined in the act (Section 115.158).

The act modifies provisions relating to the identification requirements for persons registering by mail as mandated by HAVA (Section 115.159). A definition for "overseas voter" is created with regard to absentee voting and procedures are created for absentee voting by uniformed and overseas voters (Sections 115.275 and 115.279). No notary shall collect a fee for notarizing a signature on an absentee ballot or voter registration. Any notary that does so is guilty of official misconduct (Section 115.283).

Election authorities may deliver absentee ballots not earlier than 10 weeks before an election. Current law allows the ballots to be delivered not earlier than six weeks (Section 115.284). The act modifies provisions relating to certain confined persons who qualify for delivery of their absentee ballots by a team appointed by the election authority. The act repeals the ability of certain relatives to deliver the absentee ballot. The act changes the color of a stamp on the ballot envelope (Section 115.287). Special write-in absentee ballots may be requested for special or primary federal elections in addition to general elections (Section 115.292). The act modifies the information that must be included on a sample ballot and voting instructions posted on election day and during the period of time when absentee voting occurs, as required by HAVA (Section 115.417).

The act provides that a provisional ballot cast at the wrong polling place will not be counted as authorized by HAVA, but that voters should be directed to the correct polling place. Pursuant to HAVA, the Secretary of State shall ensure that a toll-free number or internet website for provisional voters is established. An individual who votes after a court order extends the polling hours shall cast a provisional ballot which shall be separated from other provisional ballots, in accordance with HAVA. Such ballots shall not be counted until such time as the ballots are determined to be valid. A person whose eligibility cannot be immediately established may vote an appropriate ballot at a central polling place or a provisional ballot if eligibility cannot be determined (Section 115.430).

The act makes it a class four election offense to steal or damage campaign yard signs (115.637).

The act corrects a reference in Section 115.761 to indicate that the presidential primary is held in February. The Secretary of State is authorized to prepare fair ballot language statements on statewide measures within 20 days of receiving a statewide ballot measure. The Attorney General must approve the legal content and form of the proposed statements within 10 days (Section 116.025).

This act creates procedures for challenges to fiscal notes and fiscal note summaries prepared for initiatives and referenda. If the Attorney General or the circuit court of Cole County determine that a fiscal note or fiscal note summary has been incorrectly prepared, the note or summary shall be returned to the state auditor for revision. Such note or summary cannot be certified by the secretary of state until approved by the attorney general or the court. Any citizen challenging the fiscal note of a proposed measure shall include in the petition the reasons why such fiscal note or fiscal note summary is insufficient or unfair. The petition shall request a different fiscal note or fiscal note summary. The court shall consider the petition, hear arguments and decide to either certify the fiscal note or fiscal note summary or remand it to the state auditor for preparation of a new fiscal note or fiscal note summary (Sections 116.175 and 116.190).

The act removes a provision of law which disallows any person from running for the Board of Education of the St. Louis Public Schools who is employed by the school district or who is related to an employee of the school district within the second degree of affinity or consanguinity. Second degree of affinity or consanguinity is defined as a spouse, parent, child, grandparent, brother, sister, grandchild, mother-in-law, father-in-law, daughter-in-law, or son-in-law (Section 162.601). This provision is also contained in SCS/HCS/HB 288 (2003), SCS/SB 422 (2003) and CCS/HS/HCS/SCS/SB 686 (2003).

Petitions to detach property from a public water supply district must be signed by 1/4 of the registered voters from the each subdistrict or 50 registered voters from each subdistrict, whichever is less. Current law requires at least 25 voters from within the water supply district (Section 247.170).

The act changes the term of office for certain fire protection district directors (321.120). This provision is also contained in SB 173 (2003).

The act contains an emergency clause with regard to Section 115.078.

This act is similar to SB 569 (2003), SB 358 (2003), SB 623 (2003), SB 634 (2003),SB 136 (2003), SB 173 (2003), SCS/HCS/HB 288 (2003), SCS/SB 422 (2003) and CCS/HS/HCS/SCS/SB 686 (2003).
JIM ERTLE