SB 0675 Revises election laws
Sponsor:Yeckel Co-Sponsor(s)
LR Number:3197L.15T Fiscal Note:3197-15
Committee:Financial and Governmental Organization
Last Action:06/21/02 - Signed by Governor (w/EC) Journal page:
Title:HS HCS SS SCS SB 675
Effective Date:August 28, 2002
Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2002 Senate Bills
Current Bill Summary

HS/HCS/SS/SCS/SB 675 - This act modifies numerous election law provisions.

COPYING FEES (Section 28.160) - This act revises the amount that can be charged for services rendered by the secretary of state. This act limits the state's allowable fee for processing certain adoption documents to $100 per child per adoption, or per multiple children adopted at the same time. Current law allows a fee of $10 per document.

MUNICIPAL CANDIDATES (Section 71.005) - The act prohibits any person from being a candidate for municipal office if such person has failed to pay municipal taxes or user fees.

DEFINITIONS (Section 115.013) - The act modifies definitions for ballot, electronic voting system, and municipality. A definition for "relative within the second degree of consanguinity or affinity" is created.

GRANT PROGRAMS- The act sets up a number of grant programs, some of which are subject to appropriation from federal funds and in the form of matching grants:

-Election equipment upgrades with priority to jurisdictions with the highest number of residents below the poverty level (115.074); -Improving accessibility for individuals with disabilities with priority to jurisdictions with the highest number of residents below the poverty level (115.076); -Increasing the compensation of election judges with priority to jurisdictions with the highest number of residents below the poverty level (Section 115.098); -Youth voting programs (Section 115.801); and a program to allow election authorities to receive federal grants (Section 115.803).

ELECTION JUDGES - The act changes the number of election judges needed for primary and general elections and non-primary and non- general elections. No party shall have a majority of judges at a polling place. An election authority may appoint judges from other established parties and non-affiliated judges. Any decision shall be made by the major political party judges (Section 115.081).

-In jurisdictions without a board of election commissioners, the parties may submit names of judges to the election authority. County clerks can make the decisions on judges if the clerk serves as the election authority (Section 115.087).

-The act allows boards of election commissioners to compile lists of non-partisan judges (Section 115.089).

-Provisions are included to ensure that no party has a majority of judges (Sections 115.095, 115.097 and 115.099).

-Provides that the election authority, not the legislative authority of each county and St. Louis city, shall determine the amount paid to election judges (Section 115.101).

EMPLOYEE PROTECTION (Section 115.102) - Prohibits adverse action against employee by employer for the employee serving as election judge.

TIME OF ELECTIONS (Section 115.123) - Expands election days in June and August.

ADVANCED VOTING (Section 115.126) - Election authorities shall establish an advance voting system for use in presidential election years. Voting begins 14 days before election. The polls may be open on Saturday, Sunday and holidays.

SPECIAL ELECTIONS (Section 115.127) - The election authority in jurisdictions with less than 750 registered voters and no qualified newspaper may send notice of the election by first class mail to each registered voter. Currently, such provision only applies to jurisdictions with less than 500 registered voters.

QUALIFICATIONS OF VOTERS (Sections 115.133 and 115.135) - With certain exceptions related to being a new resident, a person shall not be allowed to vote unless registered in the jurisdiction where the person resides.

REGISTRATION (Section 115.137) - Technical changes to require person to be registered in accordance with this chapter.

VOTER REGISTRATION AGENCIES (Sections 115.151, 115.160, 115.162) - Voter registration agencies are required to transmit all voter registration applications to the appropriate election authority within five business days.

VOTER INFORMATION (Section 115.157) - Certain individuals are exempted from the public disclosure of their residential addresses.

ABSENTEE BALLOTS (Section 115.159) - A person cannot vote by absentee ballot until after first voting in person with proper identification or providing a copy of acceptable identification to the election authority, with some exceptions for incapacitated persons. Persons responsible for the care of incapacitated persons may vote by absentee ballot and active duty military personnel may only vote by absentee ballot for certain federal offices (Sections 115.277, 115.283). The act requires election authorities to deliver absentee ballots at certain times before an election. (115.284). Applications for ballot can be made by fax (Section 115.279). Certain relatives can deliver and return ballots (Section 115.287). Overseas federal personnel can send ballot by fax (Section 115.291).

VOTER CANVASSING (Sections 115.163, 115.179) - Allows election authority to use postal service to identify incorrect addresses and canvass voters. Before removing a voter from the registration records, a confirmation notice must be sent to the voter's corrected address as identified by the National Change of Address program.

DECEASED, FELONS, INCAPACITATED PERSONS (Section 115.195) - Certain local officials are required to provide monthly information on deceased persons, new felons and newly adjudged incapacitated persons to the election authority and the Secretary of State. The Secretary of State is responsible for notifying the election authority in which the deceased person, felon or incapacitated person resides or resided.

COMPUTERIZED VOTING SYSTEMS (Section 115.225) - The Secretary of State shall promulgate rules to allow the use of computerized voting systems. The act provides that the election authority must have the equipment tested within 14 days of the election. (Section 115.233). The Secretary of State shall develop uniform standards for ballot layout for computerized ballot systems (Section 115.237).

NOMINATING COMMITTEES (Sections 115.365 and 115.367) - The act provides that in special elections, the nominating committee shall be based on the old districts before a decennial redistricting.

INTERNATIONAL OBSERVERS (Section 115.409) - Allows registered international observers to be admitted to polling place.

VOTER INSTRUCTIONS (Sections 115.417 and 115.419) - Voter instructions of a certain size must be posted at each polling place. The Secretary of State can develop multi-lingual voting instructions and sample ballots.

BUTTERFLY BALLOTS (Section 115.420) - Butterfly ballots are prohibited unless approval is granted by the Secretary of State. The Secretary must act on requests within two business days.

VOTER IDENTIFICATION (Section 115.427) - Before voting, a person must show an approved form of personal identification issued by certain government agencies or Missouri post-secondary school. Personal knowledge of the voter by two supervisory election judges is acceptable voter identification.

VOTING PROCEDURES - Provides that any question of doubt regarding a person's identity or qualifications to vote shall be decided by a majority of the judges from the major political parties. (Section 115.429). Technical changes to procedure for initialing of ballot by judges to allow for initialing by judge of major political party and judge with no political affiliation(Section 115.433). All stickers used on a ballot must conform to rules of the Secretary of State (Section 115.439). Technical change to ballot retention statute (Section 115.493).

VOTER INTENT (Section 115.453) - Election judges shall use regulations adopted by the Secretary of State to determine voter intent.

VERIFICATION BOARD (Section 115.507) - Authorizes Kansas City to select an election authority from one of the four counties in which the city is located to act as its verification board.

POLITICAL PARTY COMMITTEES (Section 115.613) - No election will be held if only one candidate for committeeman in a district files prior to the deadline. The election authority shall, within six months after the decennial census is reported to the President, adopt a reapportionment plan for purposes of political party committees. If the election authority fails to do so, the act sets forth procedures for the county commission to adopt a plan (115.607).

PRESIDENTIAL PRIMARY (Section 115.755) - The act changes the date from March to February.

PROVISIONAL VOTING (Section 1) - The act establishes a system of provisional voting in cases where the eligibility of a voter cannot be immediately established. The system only applies to primary and general elections where candidates for federal and statewide offices are nominated or elected and elections where statewide issues are submitted to the voters.

This act contains an emergency clause with respect to section 115.613 regarding political committee elections.

This act is substantially similar to SCS/HS/HCS/HBs 1461 & 1470 (2002).

This act has an emergency clause.