SB 282
Modifies provisions relating to elections
Sponsor:
LR Number:
1229S.04C
Last Action:
5/13/2021 - Informal Calendar S Bills for Perfection
Journal Page:
Title:
SCS SB 282
Calendar Position:
Effective Date:
August 28, 2021

Current Bill Summary

SCS/SB 282 - This act modifies various provisions relating to elections.

ELECTRONIC VOTING MACHINES - VOTER-VERIFIED RESULTS

(Section 115.225)

The act stipulates that no electronic voting system shall be approved unless, among other criteria already required by law, the machine produces election results from a paper ballot that can be voter-verified.

ABSENTEE VOTING

(Sections 115.277, 115.279, 115.283, 115.285, and 115.291)

Under current law, any person seeking to cast an absentee ballot must provide an excuse. This act provides that any person may cast an absentee ballot in person at a place determined by the election authority without stating a reason, beginning on the third Tuesday prior to an election.

This provision is substantially similar to a provision in SB 860 (2020) and HCS/HB 1761 (2020).

MAIL-IN VOTING

(Section 115.302)

The act repeals a provision of law that expired in 2020 allowing for mail-in voting.

VOTER IDENTIFICATION

(Section 115.427)

The act also modifies provisions governing forms of identification required to vote. Under current law, any person seeking to vote in a public election must provide a certain form of identification, provided that any person lacking such identification can vote without such a form of identification through the execution of a statement under the penalty of perjury averring, among other things, that the person is who they say they are. This act repeals the provision allowing persons to vote through execution of the statement under penalty of perjury. The act additionally creates new provisions governing the use of provisional ballots in the case of persons who do not possess the proper form of identification in order to vote.

The act repeals a provision requiring the Secretary of State to provide advance notice of the identification requirements for voting in elections as well as a provision requiring all costs associated with the implementation of the voter identification law to be reimbursed from the general revenue by an appropriation for that purpose.

These provisions are identical to SB 14 (2021) and provisions in SB 818 (2020) and substantially similar to provisions in HB 1600 (2020).

PUBLIC FUNDS IN ELECTIONS

(Section 115.646)

The act prohibits the contribution or expenditure of public funds by any school district or by any officer, employee, or agent of any school district:

· To support or oppose the nomination or election of any candidate for public office;

· To support or oppose the passage or defeat of any ballot measure;

· To any committee supporting or opposing candidates or ballot measures; or

· To pay debts or obligations of any candidate or committee previously incurred for the above purposes.

The act additionally prohibits the contribution or expenditure of public funds by any officer, employee, or agent of any political subdivision to pay debts or obligations of any candidate or committee previously incurred for the purposes described above.

Any purposeful violation of this provision is punishable as a class four election offense.

This provision is identical to SB 86 (2021) and a provision in SS#2/SCS/HCS/HB 1854 (2020), which was vetoed by the Governor.

PROSECUTION OF ELECTION OFFENSES

(Sections 115.642 and 115.648)

The act creates new provisions governing the prosecution of election offenses. Specifically, the Attorney General is given concurrent jurisdiction with the prosecuting attorney or circuit attorney of any county for all election offenses. Upon receiving a referral from the Secretary of State or from an election authority, the Attorney General may commence prosecution of an election offense within 60 days. Once the Attorney General receives a referral, he or she may prosecute any additional violations connected to the underlying election offense. If the prosecuting attorney or circuit attorney commences a prosecution prior to the Attorney General, the Attorney General shall also have the authority to adopt or amend the complaint, information, or indictment and the prosecuting attorney or circuit attorney must immediately withdraw from the prosecution.

These provisions are identical to SB 290 (2021).

SCOTT SVAGERA

Amendments

No Amendments Found.