SB 832 - This act modifies various provisions relating to elections.CONTRACTS WITH FOREIGN ENTITIES (Section 28.900)
The Secretary of State (SOS), including any deputy or employee thereof, is prohibited from entering into any contract with a foreign entity on behalf of the office of the Secretary of State or the state of Missouri that would aid in administering any provision relating to elections or ballot measures.
APPOINTMENT OF ELECTION JUDGES BY POLITICAL PARTIES (Section 115.081)
Under current law, each election authority is responsible for appointing election judges from lists prepared by the committees of the major political party committees. This act modifies that process by requiring the committees of the major political parties to appoint election judges not later than 90 days prior to each election. If the committees do not appoint judges within such time, then the election authorities would appoint election judges who meet the criteria specified in current law.
PUBLIC AVAILABILITY OF VOTER PARTICIPATION WITHIN 48 HOURS (Section 115.157)
The act requires electronic media or a printout showing voter participation information in any specific election to be made available for a fee not to exceed that allowed under the Sunshine Law by election authorities not later than the Tuesday following the election.
REGULATIONS ON INTERSTATE COLLABORATION (Section 115.158)
The act prohibits the Secretary of State (SOS) from entering into any agreement with any organization that would involve the sharing of voter registration data in the possession of the SOS, including, but not limited to, the Electronic Registration Information Center, Inc. (ERIC). Any agreement previously entered into may continue for the duration of the agreement but shall not be renewed. If the SOS has the option or the ability to exit such an agreement prior to its expiration, the SOS shall exercise such option or take the action necessary to terminate such agreement.
The act additionally specifically allows the SOS to coordinate or collaborate with another state for the purpose of verifying voter registration data in the possession of the SOS, provided that it is done by the office of the SOS.
PROHIBITION ON ACQUISITION OF DATA FROM CREDIT AGENCIES (Section 115.158)
The act prohibits the SOS from acquiring any information from any credit agency that contains the address or other identifying information of any registered voter.
HAND-COUNTING OF ALL PAPER BALLOTS AND USE OF VOTING MACHINES (Various Sections)
Current law permits and regulates the usage of automatic tabulating equipment, electronic voting machines, and voting machines in elections. This act repeals those provisions and, except as provided below, requires all ballots to be cast in paper form and hand-counted, as stipulated in law.
The act allows for the use of voting machines designed for accessibility by individuals with disabilities. Such machines shall comply with federal Help America Vote Act. Additionally, such machines shall print out a paper ballot showing distinguishing marks next to the voter's choices. The paper ballot printed out shall be identical to the paper ballot used in all other instances at the election.
The SOS shall maintain a database containing the names of all individuals who are eligible to use a voting machine designed for accessibility. The database shall be updated as changes are made and every 30 days election authorities shall be given an updated list of registered voters in the jurisdiction of the election authority who are eligible to use such machines.
BALLOT PRODUCTION (Section 115.237)
The act requires all ballots to contain a watermark of the seal of the state of Missouri in the top right-hand corner. The ballots must also be produced in the United States of America. Ballots are prohibited from containing any barcode, quick response code, or other electronically-enabled code that is not in a human readable medium. The SOS may not have any financial relationship with the entity producing the ballots, whether in his or her capacity as Secretary of State or in an individual capacity.
MAILING ABSENTEE BALLOTS FROM JURISDICTION OF ELECTION AUTHORITY (Section 115.287)
The act requires all absentee ballots that are mailed to voters by first class, registered, or certified mail to be postmarked from the same county in which the office of the election authority is located.
COUNTING OF BALLOTS AND REPORTING RESULTS (Sections 115.449 and 115.451)
Under current law, ballots may not be counted until the polls are closed unless specifically authorized by the election authority. This act requires ballots to be counted every hour, provided that at least 25 ballots have been cast during the hour. No results shall be reported from any specific polling place until all votes have been counted at such polling place. Once all of the votes have been read and recorded at a particular polling place, the results shall be released to the LEA, the SOS, and the public.
RETENTION OF BALLOTS AND BALLOT MATERIALS (Section 115.493)
Under current law, each election authority is required to keep all voted ballots, processed ballot materials in electronic form and write-in forms, and all applications, statements, certificates, affidavits and computer programs relating to each election for 22 months after the date of each election. This act requires election authorities to keep such information for 5 years after the date of each election. The act additionally requires processed ballot materials in electronic form that do not contain individual unique voter identity information or other information traceable to the individual voter obtainable from voting machines and election management systems including the cast vote record specified by NIST 1500-103 to be kept by LEAs for 5 years after each election and made available to Missouri citizens upon request.
ELECTION CONTESTS (Sections 115.527 and 115.553)
Under current law, any candidate for nomination for or election to any office may challenge the correctness of the returns for the office, charging that irregularities occurred in the election by filing an election contest in court. This act allows any registered voter to file such an election contest, provided the registered voter was eligible to vote in the election in question.
This act is effective January 1, 2025.
This act is substantially similar to SB 98 (2023).
SCOTT SVAGERA