Conference Committee Substitute

CCS/SCS/SB 631 - This act modifies provisions relating to elections.

POLITICAL ACTIVITY OF STATE EMPLOYEES

(Section 36.155)

Under current law, any individual holding a position of state employment that is subject to the State Personnel Law is also subject to various restrictions on participating in political activities, including running for partisan political office. This act provides that any state employee that is not subject to the Merit System (Section 36.030) or the Uniform Classification and Pay System (Section 36.031) may run for the nomination, or as a candidate for election, to a partisan political office.

This provision is identical to a provision in HCS/SB 552 (2020) and SS#2/SCS/HCS/HB 1854 (2020) and substantially similar to SB 321 (2019).

FILING OF FINANCIAL INTEREST STATEMENTS

(Section 105.485)

This act allows the name and employer of dependent children under twenty-one years of age of each person required to file a financial interest form under current law to be redacted and not made publicly available, upon the written request of such person.

This provision is identical to a provision in HCS/SB 552 (2020) and HB 1434 (2020).

ABSENTEE VOTING

(Sections 115.277 to 115.291)

Under current law, a person may vote absentee for candidates and ballot issues in any election in which he or she is eligible to vote if such voter expects to be prevented from going to the polls for specified reasons. This act permits a person to vote absentee for an election that occurs during the year 2020, if the voter has contracted or is in an at-risk category for contracting or transmitting severe acute respiratory syndrome coronavirus 2, as defined in the act. This provision expires on December 31, 2020. Any person casting an absentee ballot for this reason does not need to obtain notarization of his or her absentee ballot.

The election authority is required to modify all absentee voter statements to accommodate the above-described excuse.

These provisions contain an emergency clause.

MAIL-IN BALLOTS

(Section 115.302 and 115.652)

This act additionally allows any registered voter to cast a mail-in ballot during 2020, provided a voter may still cast an absentee ballot so long as he or she has not already cast a mail-in ballot. Applications for a mail-in ballot may be made in person or by mail any time before the second Wednesday prior to the election. Voters casting a mail-in ballot are required to execute and submit a notarized statement under penalty of perjury with the ballot. Knowingly making, delivering, or mailing a fraudulent mail-in ballot application is a class one election offense. Additionally, the false execution of a mail-in ballot is a class one election offense. The prosecuting attorney or the attorney general may prosecute any false execution of a mail-in ballot. Upon receipt of an application, the election authority shall, within 3 working days, deliver the ballot to the voter. No information which encourages a vote for or against a candidate or issue shall be provided to any voter with the ballot. Ballots must be returned by mail no later than the closing of polls on election day. Any ballot received after such time shall not be counted.

Any ballot envelope used for mail-in ballots shall be the same as the ballot envelope used for absentee ballots, provided the envelope has options listed to clearly indicate which ballot the voter is casting.

These provisions contain an emergency clause and expire on December 31, 2020.

These provisions are substantially similar to provisions in HCS/SB 552, as amended (2020).

CANDIDATE FILING FEES

(Section 115.357)

Under current law, candidates for certain offices are required to pay a filing fee to the respective committee of the political party whose nomination the candidate is seeking and such fee may be paid either directly to the treasurer of the committee or to the office that is responsible for accepting the candidate's declaration of candidacy. This act stipulates that candidates required to file the declaration of candidacy with the Secretary of State shall pay the fee directly to the respective political party committee.

This provision is identical to provisions in HCS/SB 552 (2020), SB 818 (2020), the perfected HCS/HB 1600 (2020), and HCS/HB 269 (2019) and substantially similar to a provision in SB 221 (2019).

The act additionally increases the candidate filing fees as follows:

· For candidates for statewide offices, including United States Senate, from $200 to $500;

· For candidates for the United States House of Representatives, State Senate, or circuit judge, from $100 to $300;

· For candidates for state representative, from $50 to $150; and

· For candidates for any county office, from $50 to $100.

This provision is identical to a provision in HCS/SB 552 (2020) and HB 2597 (2020).

ELECTION OF STATE POLITICAL PARTY COMMITTEE MEMBERS

(Section 115.621)

Under current law, the members of each senatorial district political party committee are required to meet on the Saturday after each general election for the purpose of electing members to the state political party committee. In lieu of that requirement, this act permits the chair of the congressional district committee where the senatorial district is principally located to call for a meeting to be held concurrently with the election of senatorial officers for the purpose of electing members to the state political party committee.

This provision is identical to a provision in HCS/SB 552 (2020) and substantially similar to SB 854 (2020) and HB 1853 (2020).

SECRETARY OF STATE SUBPOENA POWER

(Section 115.642)

The Secretary of State is authorized to issue and enforce subpoenas when it is necessary to conduct an investigation of certain election offenses. These powers may only be exercised by the Secretary or an authorized representative of the Secretary at the specific written direction of the Secretary or his or her chief deputy. Failure to comply with a subpoena may be enforced through court order. These provisions expire August 28, 2025.

This provision is identical to a provision in HCS/SB 552 (2020), SB 818 (2020), and the perfected HCS/HB 1600 (2020) and substantially similar to provisions in SB 221 (2019) and HCS/HB 269 (2019).

FILING FEE - PRESIDENTIAL PREFERENCE PRIMARY

(Section 115.761)

Current law provides that persons seeking to file for the presidential preference primary election shall pay a filing fee of $1,000. This act increases that filing fee to $5,000.

This provision is identical to a provision in HCS/SB 552 (2020) and HB 2597 (2020).

SECRETARY OF STATE'S TECHNOLOGY TRUST FUND - EXTENSION OF SUNSET

(Sections 347.40 to 417.018)

Several provisions in current law allow the Secretary of State to collect an additional $5 fee on fees for filings relating to business organizations, commercial transactions, and trademarks, names, and private emblems to be credited to the state's technology trust fund. These provisions are set to sunset on December 31, 2021.

This act extends the sunset to December 31, 2026.

These provisions are identical to a provision in HCS/SB 552 (2020), HCS/SB 587 (2020) and HB 1640 (2020) and similar to SB 146 (2019), HB 79 (2019), and HB 535 (2019).

SCOTT SVAGERA


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