HB 1631 Modifies provisions of law relating to voter identification
Sponsor: Kraus
LR Number: 4554S.18T Fiscal Notes
Committee: Financial and Governmental Organizations and Elections
Last Action: 9/14/2016 - Legislature voted to override Governor's veto Journal Page: H34
Title: SS#2 SCS HB 1631 Calendar Position:
Effective Date: June 1, 2017
House Handler: Alferman

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Current Bill Summary


SS#2/SCS/HB 1631 - This act establishes photo identification requirements for voting.

General Requirements (Section 115.427.1)

Voters shall produce one of the following forms of identification prior to receiving a ballot:

• A nonexpired Missouri driver's license;

• A nonexpired or nonexpiring Missouri nondriver's license;

• Any identification containing a photograph issued by the Missouri National Guard, the United States armed forces, or the United States Department of Veterans Affairs; or

• A document issued by the United States or the state of Missouri containing the name of the voter which substantially conforms to the most recent signature in the individual's voter registration records, a photograph, and an expiration date or if expired, the expiration is after the date of the most recent general election.

Exception and Provisional Ballots

Individuals who do not possess a form of personal identification approved for voting have two options to cast a ballot, as follows.

Exception (Sections 115.427.2 and 115.427.3)

Those appearing without a form of personal identification approved for voting shall be allowed to cast a regular ballot, provided they execute an statement, under the penalty of perjury, which establishes that the individual:

1) does not possess a form of personal identification approved for voting;

2) acknowledges that he or she is eligible to receive a free Missouri non-driver's license; and

3) acknowledges that an approved form of personal identification is required in order to vote.

Such statement shall be executed and sworn before the election official receiving the statement. Upon executing such statement, the individual shall be permitted to cast a regular ballot, provided such person presents one of the following forms of identification:

• Any ID issued by the State of Missouri, or an agency thereof;

• Any ID issued by the United States government or an agency thereof;

• Any ID issued by a college or university;

• A copy of a current utility bill, bank statement, paycheck, or other government document that contains the name and address of the individual; or

• Any other form of ID approved by the Secretary of State under rules promulgated under this act.

Provisional Ballots (Sections 115.427.2 and 115.427.4)

Any person who does not present a form of personal identification approved for voting and does not execute a statement may nevertheless cast a provisional ballot. Such ballot shall not be counted unless:

• Either the voter returns to the polling place during the polling hours with an approved form of personal identification, or the signature of the voter is verified with the signature on file with the election authority; and

• The provisional ballot otherwise qualifies to be counted under current law.

Notice Requirements (Section 115.427.5)

The Secretary of State shall provide advance notice of the identification requirements to be included in the election authority's elections notices on the official website of the Secretary of State.

Free ID's and Source Documents (Section 115.427.6)

The state and all fee offices shall provide at least one non-driver's license no cost to the voter, if desired in order to vote.

The state and all agencies of the state shall also provide one copy of each of the following, if needed, free of charge to any person seeking identification in order to vote:

• A birth certificate;

• A marriage license or certificate;

• A divorce decree;

• A certificate of decree of adoption;

• A court order changing the person's name;

• A social security card reflecting an updated name; and

• Naturalization papers or other documents from the United States Department of State proving citizenship.

Any person seeking such a document may request the Secretary of State to facilitate the acquisition of such documents. The Secretary of State is thereby required to pay the costs of such documents.

In the event that there is not a sufficient appropriation of state funds to implement the provisions of this act, then the personal identification requirements of the act shall not be enforced.

Contingency Clause (Section B)

This act is contingent on the passage of a constitutional amendment establishing voter photo identification for elections. If the amendment is approved by the voters, the provisions of this act will become effective June 1, 2017.

This act is similar to SB 594 (2016), SB 170 (2015), HB 30 (2015), SB 511 (2014), HB 1073 (2014), SB 27 (2013), HCS/HB's 48 & 216 (2013), SCS/HB 1104 (2012), SCS/SB 442 (2012), HCS#2/SB 3 (2011), HCS/HB 329 (2011), HB 1966 (2010), SB 523 (2009), HB 1044 (2007), SB 596 (2007), HB 1927 (2006), HB 2158 (2006), and SB's 1014 & 730 (2006).

SCOTT SVAGERA