SB 90 Modifies provisions relating to elections and allows council members in third class cities to serve four-year terms upon passage of ballot proposal
Sponsor: McKenna
LR Number: 0655H.04C Fiscal Note available
Committee: Jobs, Economic Development and Local Government
Last Action: 5/17/2013 - In Conference--SB 90-McKenna, with HCS, as amended Journal Page:
Title: HCS SB 90 Calendar Position:
Effective Date: August 28, 2013
House Handler: Dugger

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Current Bill Summary


HCS/SB 90 - This act modifies provisions relating to elections.

AFFIDAVIT REQUIREMENT FOR CERTAIN COUNTY OFFICES - Sections 52.010, 54.040, & 54.030

This act requires candidates for county collector, county treasurer, and county collector-treasurer to provide to the election authority a copy of a signed affidavit from a surety company indicating the candidate's ability to meet statutory bond requirements for the office.

These provisions are identical to SB 283 (2013) and the truly agreed to and finally passed HB 235 (2013) and are similar to a provision of SCS/SB 671 (2012) and a provision of HCS/HB 1106 (2012).

CITY COUNCIL TERMS IN THIRD CLASS CITIES - Section 77.030

This act allows council members in third class cities to serve four-year terms by vote of the people. If four-year terms are approved, the extended terms begin with any council member elected to office after the approval of the ballot question.

This provision is similar to a provision of the truly agreed to and finally passed HB 163 (2013) and is identical to SB 821 (2012).

PRIMARY ELECTIONS IN CERTAIN THIRD CLASS CITIES - Section 78.090

Certain third class cities are allowed to eliminate, by ordinance or order, primary elections for mayor and councilmen offices. Any person wishing to become a candidate for these offices must file a statement of candidacy with the city clerk in order to be placed on the ballot.

This provision is identical to a provision of the truly agreed to and finally passed HB 163 (2013) and a provision in the truly agreed to and finally passed version of SB 569 (2012).

NONPARTISAN ELECTIONS IN CERTAIN MUNICIPALITIES - Section 115.124

Under current law, no election is held in a non-partisan elections in political subdivisions or special districts, excluding municipal elections, if the number of candidates who have filed for a particular office is equal to the number of positions in that office to be filled and proper notice is given. Under this act, in municipalities with 6,000 or fewer inhabitants, the governing body of the municipality may submit to voters a proposal to allow for no election to be held if the number of candidates for a non-partisan office is equal to the number of positions to be filled and proper notice is given. If a majority of voters approve the proposal, then the municipality must conduct non-partisan elections in such manner.

In addition, this act requires the election authority, if no election is held for a non-partisan office in a political subdivision or special district, to publish a notice containing the names of the candidates that will assume office. The notice must be published by April 1 in at least one newspaper of general circulation in the political subdivision or district.

VOTING MACHINES - Sections 115.249 & 115.259

Under current law, voting machines are required to permit voters at a presidential election to vote by use of a single lever for candidates of one party for president, vice president and their electors. They are also required to have mechanical model that illustrates the manner of voting and be placed so that the ballot labels can be seen by the elections judges when not in use. These provisions are repealed.

These provisions are identical to HCS/HB 199 (2013) and HCS/HB 348 (2013).

ABSENTEE BALLOTS - Sections 115.281, 115.299, & 115.300

Under current law, the words "Official Absentee Ballot" is required to appear at the top of an absentee ballot. This act requires that they be in the same form as an official ballot.

Under current law, the election authority is required to appoint 2 judges from each major political party to count absentee ballots. Under this act, they are required to appoint an equal number of judges from each major political party.

A provision requiring that absentee ballots may not be counted by the same person who removed the ballots from the envelopes is repealed.

These provisions are identical to HCS/HB 199 (2013) and HCS/HB 348 (2013).

BALLOT CORRECTIONS - Section 115.383

This act repeals a provision requiring the election authority to prepare pasters to cover names to be removed from, or changed on, ballots if time does not permit the correction of a printed ballot.

This provision is identical to a provision of HCS/HB 199 (2013) and HCS/HB 348 (2013).

ELECTION AUTHORITY DUTIES - Section 115.419

Under current law, the election authority must deliver to each polling place before the pools open a sufficient number of sample ballots, ballot cards, or ballot labels. This act repeals the reference to ballot labels.

This provision is identical to a provision of HCS/HB 199 (2013) and HCS/HB 348 (2013).

ELECTION JUDGES - Sections 115.423, 115.433, & 115.436

Currently, election judges are required to open the ballot box after the polls open but before voting begins. This act requires this practice to occur not more than one hour before voting begins.

The act repeals a provision requiring ballot cards to be initialed by election judges and a provision requiring ballots to be sealed inside an envelope before they are placed in the ballot box.

These provisions are identical to provisions of HCS/HB 199 (2013) and HCS/HB 348 (2013).

VOTING PROCEDURES - Sections 115.439, 115.449, 115.455, 115.456, & 115.493

Current law requires voters to place an X in the square directly to the left of the name of the candidate for which the voters intends to vote or, when the ballot contains no candidates, place an X directly the left of the "yes" or "no". This act requires the voter to use a distinguishing mark instead of an X, and, when the ballot contains names of candidate, to place the X immediately beside the name of the candidate rather than directly to the left.

This act repeals provisions of current law that allow a voter who wants to vote for person who does not appear on a ballot to cross out a name on the ballot for the office and write in a name above or below the crossed out name.

This act repeals a provision stating that a punch or sensor mark or other mark clearly indicating the voter intended to mark the square is equivalent to an X mark. Also repealed is a provision regarding voting procedures when voting machines are used.

In addition, this act repeals a provision allowing for stickers to be used for write-in candidates, a provision requiring ballots to be strung on a wire or string in the order read, and standards pertaining to punch card voting systems.

Currently, ballot materials may be destroyed 12 months after the date of the election. This act extends that time to 22 months.

These provisions are identical to provisions of HCS/HB 199 (2013) and HCS/HB 348 (2013).

ELECTION RECOUNTS - Section 115.601

Currently, in cases where the candidate filed or a petition for a ballot question was filed in the Secretary of State's office, the candidate or petitioner is allowed a recount if the candidate or measure was defeated by less than 1%. This act changes that threshold to less than 1/2 of 1%.

This provision is identical to a provision of HCS/HB 110 (2013), HB 54 (2013), HCS/HB 348 (2013), and HCS/SB 99 (2013).

MEGHAN LUECKE

HA 1: REQUIRES BALLOT MATERIALS BE KEPT FOR 22 MONTHS AFTER THE DATE OF THE ELECTION RATHER THAN 12 MONTHS.

HA 2: LOWERS THE MINIMUM AGE REQUIRED FOR A PERSON TO SERVE AS AN ALDERMAN IN A FOURTH CLASS CITY FROM TWENTY-ONE TO EIGHTEEN YEARS OF AGE.

HA 3: MODIFIES PROVISIONS RELATING TO THE INITIATIVE AND REFERENDUM PETITION PROCESS.

HA 4: COMBINES THE KANSAS CITY BOARD OF ELECTION COMMISSIONERS WITH THE JACKSON COUNTY BOARD OF ELECTION COMMISSIONERS, STIPULATES THAT THE BOARD OF ELECTIONS SHALL BE THE ELECTION AUTHORITY IN COUNTIES THAT HAVE BOARD OF ELECTION COMMISSIONERS, AND SPECIFIES THAT COUNTY EMPLOYEES OR PERSONS WITH CONTRACTUAL RELATIONSHIPS WITH A COUNTY SHALL NOT SERVE ON A COUNTY POLITICAL PARTY COMMITTEE.

HA 5: PROVIDES AN ALTERNATE METHOD OF ADOPTING ORDINANCES FOR THE CITY OF FARMINGTON THAT ALLOWS SUCH ORDINANCES TO BE PUT TO A VOTE OF THE PEOPLE PRIOR TO BEING FINALLY PASSED.

HA 6: CHANGES THE PRIMARY ELECTION DATE FROM AUGUST TO JUNE.

HA 7: SETS OUT THE PROCEDURES WITH RESPECT TO THE SALE, LEASE, OR OTHER TRANSFER OF ALL OR SUBSTANTIALLY ALL OF A LOCAL CITY HOSPITAL ORGANIZED AND OPERATED UNDER CHAPTER 96.

HA 8: EXEMPTS THE SECRETARY OF STATE FROM A STATUTE MAKING IT UNLAWFUL FOR A STATE OFFICER OR EMPLOYEE TO PRINT, AT STATE EXPENSE, ANY DUPLICATION OR REARRANGEMENT OF THE BLUE BOOK AND ALLOWS THE SECRETARY OF STATE TO ENTER INTO AN AGREEMENT WITH A NONPROFIT ORGANIZATION FOR THE PRINTING AND DISTRIBUTION OF THE BLUE BOOK.

HA 9: REQUIRES DOCUMENTATION PRESENTED IN ORDER TO REGISTER TO VOTE TO CONTAIN THE APPLICANT'S LEGAL NAME AND PROHIBITS NAME CHANGE BY COMMON USAGE.

HA 10: PROVIDES THAT NO PERSON SHALL BE APPOINTED TO ANY PUBLIC OFFICE IF THE PERSON IS DELINQUENT IN THE PAYMENT OF TAXES.

HA 11: MODIFIES A PROVISION DEALING WITH COUNCIL TERMS IN THIRD CLASS CITIES THAT WAS TRULY AGREED TO AND FINALLY PASSED IN HB 163 (2013) TO PROVIDE THAT TERM LENGTHS MAY BE EXTENDED TO FOUR YEARS FROM TWO YEARS BY VOTE OF THE PEOPLE RATHER THAN BY ORDINANCE OR VOTE OF THE PEOPLE.

HA 12: PROVIDES THAT THE GOVERNOR SHALL NOT MAKE ANY APPOINTMENTS TO THE ST. LOUIS COUNTY BOARD OF ELECTION COMMISSIONERS DURING THE LEGISLATIVE INTERIM AND TERMINATES THE TERM OF ANYONE APPOINTED TO SERVE AS AN ELECTION COMMISSIONER IN ST. LOUIS COUNTY PRIOR TO AUGUST 28, 2013.

HA 13: PROVIDES THAT COOPER COUNTY MAY FUND ITS COUNTY HOSPITAL VIA A SALES TAX AFTER ABOLISHING ITS PROPERTY TAX FOR HOSPITAL FUNDING.

HA 14: PROVIDES THAT OWNERS OF RECORDED FEE INTERESTS IN PROPERTY IN AN AREA MAY REQUEST ANNEXATION BY FILING A NOTARIZED, RATHER THAN A VERIFIED, PETITION, PROVIDES THAT A PETITION NOT BEING VERIFIED OR NOTARIZED SHALL NOT AFFECT THE VALIDITY OF AN ANNEXATION, AND REQUIRES ACTIONS SEEKING TO DEANNEX OR CHALLENGE AN ANNEXATION BE BROUGHT WITHIN THREE YEARS OF THE ADOPTION OF THE ANNEXATION ORDINANCE.

HA 15: ALLOWS THE CITIES OF FARMINGTON AND PERRYVILLE TO ADOPT NUISANCE ABATEMENT ORDINANCES.

HA 16: REQUIRES MEMBERS OF THE BOARD OF DIRECTORS OF A WATER SUPPLY DISTRICT TO BE RESIDENTS OF THE DISTRICT FOR A YEAR BEFORE BEING ELECTED AND PROVIDES THAT ALL CONTRACTS MADE BY SUCH A DISTRICT ARE REQUIRED TO CONFORM TO SECTION 432.070, WHICH REQUIRES EXPRESS AUTHORIZATION FOR MAKING SUCH CONTRACTS AND REQUIRES SUCH CONTRACTS TO BE IN WRITING.

HA 17: ALLOWS CITY AND COUNTY HOSPITAL DISTRICTS FORMED UNDER CHAPTERS 96, 205, AND 206 TO ABOLISH THE CURRENT PROPERTY TAXES AUTHORIZED TO FUND HOSPITAL OPERATIONS AND ESTABLISH A SALES TAX FOR SUCH OPERATIONS INSTEAD.

HA 18: ELIMINATES STATE AND LOCAL USE TAXES ON THE STORAGE, USE OR CONSUMPTION OF MOTOR VEHICLES, TRAILERS, BOATS, OR OUTBOARD MOTORS, SPECIFIES THAT A SALES TAX IS TO BE COLLECTED FOR THE TITLING OF SUCH PROPERTY, AND REQUIRES ALL LOCAL TAXING JURISDICTIONS THAT HAVE NOT PREVIOUSLY APPROVED A LOCAL USE TAX TO PUT TO A VOTE OF THE PEOPLE WHETHER TO DISCONTINUE COLLECTING SALES TAX ON THE TITLING OF MOTOR VEHICLES PURCHASED FROM A SOURCE OTHER THAN A LICENSED MISSOURI DEALER.