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SCS/SB 592 - This act modifies several provisions relating to elections. ELECTION COSTS (Sections 115.061, 115.063, 115.065, 115.077) Payment of Election Costs 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. (Section 115.063.3) The definition of "election costs" is modified to include the rental of any electronic voting machine or electronic poll book. (Section 115.065.4) The act modifies the process for how costs for elections for which the state is liable are determined and deposited with election authorities. For such elections, the SOS shall pay a reasonable estimate of the costs of the election no later than the 7th Tuesday prior to the election. The reasonable estimate of the costs shall be determined by the SOS in consultation with the LEA using a method determined by the SOS in consultation with the LEA. (Section 115.077.2) Within two weeks of receipt of actual cost and required documentation of actual expenses from the election authority, the state, political subdivision, or special district shall approve for payment the difference between the amount deposited and the cost of conducting the election. The secretary of state shall notify the election authority no later than eleven weeks prior to any election for which the state is required to pay election costs what documentation will be required to show the costs that have been incurred in conducting such an election. (Section 115.077.5) The state is not liable for, and shall not be considered to have willfully failed to make payment of, an election cost if there is not sufficient cash or appropriation authority to make payment. (Section 115.077.7) OVERPAYMENT OR UNDERPAYMENT OF ELECTION COSTS (Section 115.077.4) Under current law, whenever the amount paid to an election authority to conduct an election by the state, political subdivision, or special district exceeds the cost of conducting the election the LEA shall "promptly" repay the excess amount. This act requires excess election costs to be repaid not later than the 10th Tuesday following an election. Current law requires that when the amount paid to an LEA to conduct an election for the state, political subdivision, or special district is less than the cost of conducting the election, the state, political subdivision, or special district shall pay the LEA the difference no later than the 5th Tuesday following the election. This act requires LEA's to submit, no later than the 10th Tuesday following the election, a request for the state, political subdivision, or special district to pay the difference. RENTING AND LEASING OF ELECTRONIC VOTING MACHINES (Section 115.077.9) The act permits election authorities to rent or lease out any electronic voting machines purchased by funds other than those received through the state or the federal government as a result of the Help America Vote Act. STATE ELECTION FUNDS (Section 115.077.8 and Section 115.078) The act transfers all unobligated funds of the State Election Subsidy Fund to the Election Administration Improvement Fund on January 1, 2019. Furthermore, the responsibility for making payments of election costs to LEAs as required under this act, is transferred from the State Election Subsidy Fund to the Election Administration Improvement Fund. These provisions have an effective date of January 1, 2019. 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. 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. STORAGE OF ELECTION MATERIALS (Section 115.493) The act repeals a provision requiring LEA's to store election materials for 22 months after an election. 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. INVESTIGATION OF ELECTION OFFENSES (Section 115.642) The act requires any person making a compliant regarding violation of election offenses to do so under penalty of perjury. Furthermore, the act requires the SOS to dismiss any frivolous complaint alleging an election offense. Any person who makes frivolous complaints shall be liable for actual and compensatory damages to the alleged violator for holding the alleged violator before the public in a false light. MISCELLANEOUS The act repeals numerous obsolete provisions and erroneous intersectional references. With the exception of the provisions relating to election costs, this act has an effective date of November 7, 2018. This act is substantially similar to HB 1857 (2018). SCOTT SVAGERA
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