SB 630 Modifies numerous provisions relating to elections
Sponsor: Wallingford
LR Number: 4779H.06C Fiscal Note available
Committee: Financial and Governmental Organizations and Elections
Last Action: 5/16/2014 - H Calendar S Bills for Third Reading w/HCS Journal Page:
Title: HCS SCS SB 630 Calendar Position:
Effective Date: Emergency Clause
House Handler: Dugger

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Current Bill Summary


HCS/SCS/SB 630 - This act modifies numerous provisions relating to elections.

ANNEXATION ELECTIONS - 71.015

Under current law for annexation elections in non-charter counties, a majority of the voters in the municipality seeking to annex the property and a majority of the voters in the territory sought to be annexed must approve the annexation. If less than a majority of the voters in the territory sought to be annexed vote in favor of the annexation, but a majority of voters in the municipality seeking to annex the territory approve the annexation, then another annexation election must occur not more than 120 days later.

This act provides that the subsequent annexation election must occur not more than 160 days later.

CITY GOVERNING BODY ELECTIONS - 77.030 & 79.050

Under current law, third and fourth class cities may elect to extend the terms of office for members of their governing bodies from two years to four years.

This act provides that, if a third or fourth class city adopts a proposal to extend the term of office to four years, the city governing body may adopt an ordinance providing for elections to occur every other year. In the ordinance, the city may stipulate that members who are up for reelection at the first election following the passage of the ordinance must be elected to a three-year term. The other members are elected to a four-year term at the next election. At elections held following the expiration of those initial terms, all of the members are elected to four-year terms.

PUBLIC SAFETY SALES TAX - 94.902

Upon voter approval, the City of Liberty and North Kansas City are authorized to impose sales tax of up to one half of one percent to be spent on equipment, salaries and benefits, and facilities for police, fire, and emergency medical providers.

PRESIDENTIAL PRIMARY - 115.123 & 115.755

Under current law, the presidential primary is held on the first Tuesday after the first Monday in February. This act changes that date to the second Tuesday after the first Monday in March.

CANDIDATE PROXY FOR BALLOT ORDER - 115.124 & 115.395

This act authorizes a candidate's representative to draw numbers for the purpose of establishing the order of the candidate's name on the ballot for candidates who file a declaration of candidacy by mail because of a physical disability or active duty in the armed forces.

WAIVER OF NONPARTISAN ELECTIONS - 115.124

This act allows certain political subdivisions to waive conducting non-partisan elections and provides a recall procedure for members of an emergency services board.

Under current law, with the exception of municipal elections, nonpartisan elections in political subdivisions and special districts need not be held when the number of candidates who have filed is equal to the number of positions to be filled.

This act narrows the exception to municipal elections in cities towns and villages with more than 1,000 inhabitants. The governing body in jurisdictions with 1,000 or fewer inhabitants may pass an ordinance to forego such elections when the number of candidates who have filed is equal to the number of positions to be filled. The passage of such an ordinance authorizes the jurisdiction to refrain from holding such elections for 6 years from its passage, at which time the jurisdiction is required to pass another such ordinance.

The act requires public notice to be published by the first of the month in which the election would have occurred containing the names of candidates that will be placed in office when the election is not held.

MISCELLANEOUS ELECTIONS PROVISIONS

The act defines "electronic voting machine" as any part of an electronic voting system on which a voter is able to cast a ballot. (115.013)

Under current law, Missouri Youth Election Participants are not entitled to compensation. The act repeals this provision. (115.104)

Provisions establishing additional election days for the years 2003 and 2009 are repealed. (115.121)

Current law requires election authorities to inspect voting records at least once a year. The act repeals the yearly requirement. (115.221)

The act repeals provisions that establish the specific ballot form for electronic voting systems. (115.237)

The use of a separate paper ballot for questions or presidential primary are authorized and separate write-in ballots may be provided. (115.237 & 115.255)

The act repeals references to and requirements for recording counters, metal seals, marking devices, and tally books with respect to electronic voting machines. (115.257)

Election authorities may ready a voting machine within one day of printing absentee ballots for the purposes of processing such ballots. (115.257)

The act adds references to "electronic" voting machines (115.261, 115.263, 115.265, 115.267, 115.269, 115.271 & 115.273)

The act allows election authorities to waive procedures for sealing ballot envelopes for absentee ballots. (115.291)

A provision allowing for the rejection of absentee ballots from voters who are believed to be deceased is repealed. (115.293)

Under current law, candidates for certain local offices are exempt from requirements barring other candidates from running for or taking office because of tax arrearage or felony convictions or filing for more than one office. This act removes the exemptions for those candidates. (115.305)

Provisions requiring the election authority to supply, to each polling place, voter instruction cards informing the voter how to operate electronic voting machines and supply models of marking devices and portions of the face of a voting machine are repealed. (115.417)

The act allows judges to mark electronic pollbooks after voters are identified. (115.431)

Provisions are modified to require distinguishing marks to be made for a valid vote instead of a cross (X). References to ballot cards are repealed. (115.420, 115,443 & 115.453)

The act repeals a provision authorizing the delivery of ballots voted prior to 11:00a.m. to the counting location prior to the closing of the polls. (115.475)

Electronic voting machines are required to be secured instead of locked and sealed. (115.477, 115.479 & 115.483)

The act allows election authorities to use electronic voting machines within a 30 day restricted period contained in current law, in a subsequent election when the election is required to be held under Missouri law and the data relating to the initial election is removed and secured. (115.483)

Under current law, a copy of a printed return sheet is required to be posted on the outside of each polling place. The act repeals this provision. (115.503)

JACKSON COUNTY POLITICAL PARTY COMMITTEES - 115.607

This act modifies the membership of the county political party committees in Jackson County.

Under current law, the committee's membership is comprised of two members from each ward in Kansas City, sixteen members from the most populous township outside the city, six members from the second and third most populous townships outside of the city, and four members from the other townships outside the city. The election authority is required to divide the portion of Kansas City located within Jackson county into wards.

Under this act, members of the county committee shall be elected from the state representative districts. Two men and two women shall be elected from a district wholly contained in the county, two men and two women shall be elected from a district predominantly contained in the county, and one man and one woman shall be elected from a district that is partially but not predominantly contained in the county.

This act repeals the provision requiring the election authority to divide Kansas City into wards.

ELECTRONIC SIGNATURES FOR VOTER REGISTRATION - 115.960

The act authorizes election authorities to accept electronic signatures for the purposes of voter registration upon an agreement between the election authority and the potential voter and develop systems that transmit voter registration applications electronically according to the Uniform Electronic Transactions Act.

The president of the Missouri Association of County Clerks and Election Authorities shall appoint 14 members to serve on a committee to approve and develop uniform standards and systems used by the Secretary of State in any electronic voter registration application system used by that office. One member shall be appointed by the Secretary of State to serve on the committee.

High quality copies of signatures made on paper, including electronic copies, may be used for petition signature verification purposes.

CAMPAIGN FINANCE - 130.026

Candidates for county offices in Jackson County are required to file campaign finance disclosure reports solely with the Missouri Ethics Commission and no longer with the county.

URBAN SCHOOL DISTRICT ELECTIONS - 162.481

School districts that become urban school districts, by majority vote, may set terms of office for directors at 3 years

RECALL ELECTIONS FOR EMERGENCY SERVICES BOARDS - 190.336

Each member of an emergency services board of directors shall be subject to recall from office by the registered voters of the election district from which he or she was elected. Proceedings for the recall are commenced by the filing of a notice of intention to circulate a recall petition.

The notice must be served personally, or by certified mail, on the board member and filed with the election authority. A separate notice is needed for each member sought to be recalled and must contain information explaining the reason for the recall. It must list at least one but not more than five proponents of the recall.

Within seven days, the board member may file a statement answering the statement of the proponents. The answer must be served on at least one proponent. The statement and answer are for the voters' informational purposes only.

A member cannot be recalled if he or she: 1) has not held office during the current term for more than 180 days; 2) has 180 days or less remaining on his or her current term; or 3) has had a recall election determined in his or her favor within the current term.

The person circulating the petition must sign an affidavit verifying certain information. A recall petition must be filed with the election authority not more than 180 days after the filing of the notice of intention. The number of signatures needed shall equal at least 25% of the number of voters who voted in the most recent gubernatorial election in the election district.

The election authority has twenty days from the date of filing the petition to determine if enough voters signed the petition. It must file a certificate showing whether there are enough signatures. If the election authority certifies the petition does not have enough signatures, it may be supplemented within ten days of the date of certificate. The election authority must then certify the supplemented petition. If it is insufficient, no further action shall be taken.

If the petition is sufficient, the election authority shall submit its certificate to the board of directors and order an election within a certain amount of time. Nominations for board membership openings shall be made by filing a statement of candidacy with the election authority.

Any time prior to forty-two days before the election, the member sought to be recalled may offer his or her resignation and the recall question shall be removed from the ballot and the office declared vacant.

This act is similar to SB 580 (2014), HB 1125 (2014), HB 2116 (2014), SCS/SB 892 (2014), HCS/HB 1902 (2014), SCS/SB 593 (2014), SCS/HB 1126 (2014), SB 578 (2014), HB 1379 (2014), HCS/HB 1139 (2014), and SS/SCS/SB 593 (2014).

CHRIS HOGERTY