Missouri Senate

Introduced

ELECTION COSTS (Sections 115.061, 115.063, 115.065, 115.077) - This act provides that all costs of elections involving a statewide candidate, statewide issue, state representative, or state senator shall be paid by the state, except if a political subdivision or special district holds an election on the same day, in which case the costs of the election shall be shared proportionately. Furthermore, when a candidate or question is submitted to a vote by two or more political subdivisions or special districts or by the state and one or more political subdivision or special district, the costs of the election shall be paid proportionately from the general revenues of the state and all political subdivisions or special districts submitting a candidate or question for election.

Current law provides that the state shall not be liable for any costs of a general or primary election held in an even-numbered year. This act repeals that provision.

The act provides that not later than the fifth Tuesday prior to an election, the election authority shall submit the estimated cost of conducting the election to each political subdivision or special district calling the election. Payment shall be made by such political subdivision or special district within two weeks of receipt of estimated cost. Election authorities are required to refund to the state, political subdivision, or special district any difference between the amount paid and the amount that it cost to conduct the election no later than 8 weeks following the election. Conversely, if the amount paid is less than the amount that was required to conduct the election, the election authority shall notify the proper officials no later than 8 weeks following the election and submit a request for the difference. If the state is required to pay any election costs, the Secretary of State shall pay a reasonable estimate of the costs of the election no later than the 7th Tuesday prior to the election.

NOTICE OF ELECTION AND BALLOTS (Sections 115.125 and 115.127) -Current law provides that the officer or agency calling a special election to fill a vacancy shall certify a sample ballot to the election authorities responsible for conducting the election no later than the 4th Tuesday prior to the election. This act changes that to the 6th Tuesday prior to the election.

Current law allows for a late notice of election by the political subdivision or special district no later than the 6th Tuesday before the election, with certain qualifications. This act permits late notice no later than the 8th Tuesday prior to an election.

Current law prohibits a court from ordering an individual or issue to be placed on a ballot less than 6 weeks prior to an election. This act extends that prohibition to 8 weeks prior to the election.

Current law provides that no candidate's name or ballot issue which appears on the sample ballot or official printed ballot shall be stricken or removed from the ballot except on death of a candidate or by court order. This act adds to that prohibition by stipulating that in no case shall a candidate or issue be removed less than 8 weeks prior to the election.

COMPLAINTS - ELECTIONS DIVISION (Sections 115.155, 115.287, and 115.429)

The act permits complaints to be filed with the Elections Division of the Secretary of State's office by the following persons:

• A person who has been determined by an election authority to not be entitled to register to vote;

• A person who has been deemed not entitled to vote by absentee ballot by an election authority; and

• A person who has not been permitted to vote by the election judges because of doubt as to his or her identity or qualifications to vote.

ABSENTEE VOTING (Sections 115.279, 115.284, 115.287, 115.299, and 115.910) - The act permits election authorities to accept applications for absentee ballots by email.

Current law requires an application for absentee ballot not made in person or an application for military-overseas ballot be made by 5 PM on the Wednesday immediately prior to the election. This act requires such applications to be made by 5 PM on the 2nd Wednesday immediately prior to the election.

Current law permits any voter who has become hospitalized or otherwise confined to a specified health care facility on the Wednesday prior to an election, to cast an absentee ballot upon delivery by the election authority. This act extends that provision to the 2nd Wednesday prior to the election.

SPECIAL ELECTIONS - STATE REPRESENTATIVE AND STATE SENATOR (Sections 115.329 and 115.373) - The act provides that when a special election to fill a vacancy is called to fill an unexpired term for state representative or state senator, the secretary of state shall not accept any petition for the formation of a new party or for the nomination of an independent candidate after 5:00 PM on the 21st day after the writ of election is issued. Furthermore, political party nominating committees are required to file the name of its nominee for such election no later than 5 PM on the 21st day after the issuance of the writ of election.

PETITIONS FOR NEW PARTIES AND INDEPENDENT CANDIDATES

(Section 115.335) - Under current law, when the Secretary of State verifies signatures on a petition for the formation of a new party or for an independent candidate, copies of the petition pages may be sent to the appropriate election authorities and communication between the Secretary of State and the election authority must be by certified mail. This act repeals the certified mail requirement.

Furthermore, current law stipulates that the Secretary of State may not designate a deadline for returning verification of a petition less than 10 or more than 40 days. This act changes that provision so that the Secretary shall not designate a deadline which is less than 7 days after the petition has been received by the election authority.

WITHDRAWAL OF CANDIDACY (Sections 115.359 and 115.361) - Current law permits a candidate who has filed for an office or who has been nominated for an office to withdraw as a candidate under certain circumstances no later than 6 weeks prior to the election. This act permits withdrawal no later than 8 weeks prior to the election.

Under current law, if a candidate for nomination to an office in which the candidate is the incumbent or the only candidate dies, withdraws, or is disqualified after 5:00 p.m. on the last day in which a person may file as a candidate for nomination, and at or before 5:00 p.m. on the 8th Tuesday prior to any primary election, filing for the office shall be reopened for a period of 5 working days. This act moves that deadline up to 5 PM on the 10th Tuesday prior to the election.

Under current law, if a candidate for nomination to an office in which the candidate is the only candidate dies, withdraws, or is disqualified after 5:00 p.m. on the 6th Tuesday prior to a primary election, the election and canvass shall not proceed, and a vacancy shall exist on the general election ballot. This act extends that deadline to the 10th Tuesday prior to the election.

POLITICAL PARTY NOMINATING COMMITTEE PROCEDURES (Section 115.363) - The act provides that if there are no candidates for a primary, general, or special election due to death, disqualification, or withdrawal of a candidate after the last day for filing, the political party nominating committees may appoint a candidate at or before 5 PM on the 10th Tuesday prior to the election.

DEATH AND DISQUALIFICATION OF CANDIDATES (Sections 115.373 and 115.379) - The act stipulates that whenever a candidate for nomination or election to an office at a primary, general, or special election to fill a vacancy dies or is disqualified after 5:00 p.m. on the 8th Tuesday, rather than the 4th or 6th Tuesday, prior to the election, his or her name shall be printed on the ballot.

DUTIES OF ELECTION AUTHORITY FOLLOWING ELECTION (Section 115.493) - The act requires the election authority to keep all ballot envelopes relating to each election for 22 months after the date of the election, at which point they may be destroyed.

During the time that voted ballots, ballot cards, ballot envelopes, absentee ballot applications, processed ballot materials in electronic form, and write-in forms are kept by the election authority, it shall not open or inspect them or allow anyone else to do so, except upon order of a legislative body trying an election contest, the secretary of state's office, if conducting an investigation, a court, or a grand jury. The act further stipulates that lists of applicants for absentee ballots shall be available.

ELECTION OFFENSES (Section 115.637) - Under current law, it is a Class 4 election offense to conduct exit polling, surveying, sampling, electioneering, distributing election literature, posting signs, or placing vehicles bearing signs with respect to any candidate or question to be voted on at an election on election day inside the building in which a polling place is located or within twenty-five feet of the building's outer door closest to the polling place. This act extends that requirement to within 100 feet of the building's outer door closest to the polling place.

MISCELLANEOUS - The act repeals numerous obsolete provisions and erroneous intersectional references.

SCOTT SVAGERA