HCS/SS/SB 812 - This act modifies various provisions relating to elections.ELECTION FUNDING
(Section 115.022)
The act prohibits an election authority accepting funding, grants, or gifts, from any source, excluding in-kind donations of food or beverages valued at less than $1,000 per polling place, for preparing, administering, or conducting an election, including registering voters. This does not prohibit the actual use of a public or private building, without charge or for a reduced fee, for the purposes of conducting an election, including use as a polling place or for election training purposes.
This provision is similar to provisions in SB 695 (2022), SB 738 (2022), SB 1065 (2022), HB 1483 (2022), the truly agreed to and finally passed SS/SCS/HB 1878 (2022), the perfected HCS/HB 2140 (2022), HB 2577 (2022), and HB 2630 (2022).
POLL WATCHERS AND CHALLENGERS
(Section 115.111)
The amendment also creates new provisions establishing certain rights of poll watchers and election challengers. Specifically, election authorities are required to clearly designate observation areas for challengers and watchers to readily observe all public aspects of the voting process, as described in the amendment. Furthermore, election authorities are required to provide all challengers and watchers uniform and non-discriminatory access to observe all stages of the voting process, as described in the amendment. Watchers and challengers are required to wear a badge that contains his or her name and the political party or campaign committee, in the case of a ballot measure, with which they are affiliated. Additionally, watchers and challengers are entitled to challenge any ballot in the same manner as qualifications to vote are challenged under current law. Any violation of these provisions on the part of an election authority is a class four election offense.
This provision is substantially similar to provisions in SB 695 (2022), SB 1065 (2022), HB 2081 (2022), and HB 2577 (2022).
ELECTRONIC TRANSFER OF VOTER REGISTRATION
(Sections 115.151, 115.160, and 115.960)
This act requires the use of electronic voter registration application forms by the Director of Revenue. The Director must additionally provide for the secure electronic transfer of voter registration information to election authorities in the manner described in the act. Election authorities are required to accept and process such records. All voter registration information sent electronically to the election authorities shall be printed out by the election authorities and retained for a period of at least two years.
The act requires voter registration application forms to be transmitted to the appropriate election authority not later than 3, rather than 5, business days after the form is completed by the applicant.
Any person who, at the time of a transaction with the Division of Motor Vehicle and Drivers Licensing, provides a document that establishes non-citizenship shall not be offered the opportunity to register to vote as part of the transaction.
The act repeals a provision that requires the SOS to maintain a system for accepting voter registration applications electronically.
This provisions are substantially similar to certain provisions in SCS/SB 654 (2022), SB 670 (2022), SB 887 (2022), HB 1483 (2022), HB 1646 (2022), the truly agreed to and finally passed SS/SCS/HB 1878 (2022), HB 1911 (2022), HB 2113 (2022), the perfected HCS/HB 2140 (2022), HB 2577 (2022), SB 587 (2021), HCS/SS/SB 46 (2021), HCS/SS/SCS/SB 4 (2021), HCS/SB 38 (2021), HB 372 (2021), and HS/HCS/HB 738 (2021).
SOLICITATION OF VOTER REGISTRATION
(Section 115.205)
The act prohibits any person from being paid or otherwise compensated for soliciting voter registration applications, provided that a governmental entity or person paid or compensated by a governmental entity may solicit such applications. Any person who solicits more than 10 voter registration applications is required to register with the SOS for every election cycle. (Section 115.205)
This provision is identical to provisions in SCS/SB 654 (2022), SB 670 (2022), HB 1646 (2022), the truly agreed to SS/SCS/HB 1878 (2022), HB 1911 (2022), HB 2113 (2022), the perfected HCS/HB 2140 (2022), HB 2577 (2022), and HB 1065 (2021).
PAPER BALLOTS AND ELECTRONIC VOTING SYSTEMS
(Sections 115.225 to 115.237)
Electronic voting systems may not be approved unless they, among other things, produce election results from paper ballots that voters have marked by hand or, in the case of voters who are disabled and need assistance, from paper ballots that have been marked by paper ballot marking machines designed to assist voters who are disabled. Additionally, the act designates the paper ballot as the official ballot beginning January 1, 2023.
The act prohibits the use of direct-record electronic vote counting machines beginning January 1, 2024. Upon the removal of such a machine from an LEA's inventory because of mechanical malfunction, wear and tear, or any other reason, the machine shall be replaced with paper ballot marking devices.
These provisions are similar to provisions in SB 633 (2022), SCS/SB 654 (2022), SB 670 (2022), SB 679 (2022), SB 695 (2022), SB 738 (2022), SB 861 (2022), SB 1065 (2022), HB 1483 (2022), HB 1646 (2022), the perfected HB 1859 (2022), the truly agreed and finally passed SS/SCS/HB 1878 (2022), HB 1911 (2022), HB 1976 (2022), HB 2113 (2022), the perfected HCS/HB 2140 (2022), HB 2531 (2022), HB 2577 (2022), and HB 2630 (2022).
ABSENTEE VOTING
(Sections 115.275 to 115.291)
DEFINITION OF ABSENTEE BALLOT
The act provides that an absentee ballot includes any ballot cast in the office of the election authority or at another authorized location designated as a polling place by the election authority. (Section 115.275(1))
This provision is substantially similar to a provision in the truly agreed to and finally passed SS/SCS/HB 1878 (2022).
ABSENTEE VOTING - REASONS FOR VOTING
The act expands the use of absentee voting to members of the Space Force as well as their spouses and dependents. (Section 115.275) The Uniformed Military and Overseas Voters Act is also amended to include members of the Space Force as well as their spouses and dependents. (Section 115.902)
These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/HB 1878 (2022).
INTRASTATE VOTERS
The act repeals the options for voters to cast an absentee ballot as an intrastate voter, defined as a registered voter who moves from the jurisdiction of one election authority to another. (Various sections)
These provisions are substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HB 1878 (2022).
MAIL-IN BALLOTS AND ABSENTEE VOTING DUE TO COVID-19
(Sections 115.277 to 115.302)
Expired provisions are repealed relating to the use of mail-in ballots for the 2020 general election and absentee voting during the 2020 general election for voters who have contracted COVID-19 or who are at risk of contracting or transmitting COVID-19. The act furthermore expressly prohibits the use of mail-in ballots unless authorized by statute.
These provisions are identical to provisions in SB 633 (2022), SCS/SB 654 (2022), SB 670 (2022), SB 679 (2022), SB 695 (2022), SB 738 (2022), SB 1065 (2022), HB 1646 (2022), the truly agreed to and finally passed SS/SCS/HB 1878 (2022), HB 1911 (2022), HB 2113 (2022), the perfected HCS/HB 2140 (2022), HB 2577 (2022), and HB 2630 (2022).
ABSENTEE BALLOT APPLICATIONS
No individual, group, or party shall solicit a voter into obtaining an absentee ballot application. Furthermore, absentee ballot applications shall not have any information pre-filled prior to being provided to a voter.
This provision is substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HB 1878 (2022) and SCS/SB 654 (2022).
ABSENTEE BALLOTS - WHEN DEEMED CAST
The act stipulates that absentee ballots that are received by an LEA in person are deemed cast when received prior to election day and absentee ballots that are received through a common carrier are deemed cast when received prior to the closing of polls. Furthermore, absentee ballots received by the LEA through a common carrier such as the United States Postal Service are required to be received prior to the time fixed by law for the closing of polls on election day. The LEA shall hand mark or stamp each absentee envelope as it is received, indicating the date and time the absentee ballot was received. (Section 115.286)
This provision is substantially similar to provisions in SB 633 (2022), SCS/SB 654 (2022), SB 670 (2022), SB 679 (2022), HB 1646 (2022), the truly agreed to and finally passed SS/SCS/HB 1878 (2022), HB 1911 (2022), HB 2113 (2022), the perfected HCS/HB 2140 (2022), HB 2577 (2022), and SCS/SB 282 (2021).
WITNESS AND RETURN OF MASS ABSENTEE BALLOTS
Under current law, in charter counties and the cities of St. Louis and Kansas City, if the LEA receives ten or more applications for absentee ballots from the same address it may appoint a team to deliver and witness the voting and return of absentee ballots by voters residing at that address. This act expands this provision to all LEAs and furthermore requires, rather than permits, a team to be appointed to deliver and witness the voting and return of the ballots. (Section 115.287)
This provision is identical to provisions in SB 633 (2022), SCS/SB 654 (2022), SB 670 (2022), HB 1646 (2022), the truly agreed to and finally passed SS/SCS/HB 1878 (2022), HB 1911 (2022), HB 2113 (2022), the perfected HCS/HB 2140 (2022), and HB 2577 (2022).
DROP BOXES PROHIBITED
The act prohibits the use of drop boxes for the delivery of absentee ballots. (Section 115.291.5)
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/HB 1878 (2022).
VOTER IDENTIFICATION
(Section 115.427)
The act 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 the following:
· A provision requiring the SOS to provide advance notice of the identification requirements for voting in elections by means calculated to inform the public generally, including advertisements in print, TV, and radio;
· 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; and
· A provision preventing the voter identification provisions from being enforced unless a sufficient appropriation of state funds is made to implement the law.
These provisions are substantially similar to provisions in SB 633 (2022), SCS/SB 654 (2022), SB 668 (2022), SB 670 (2022), SB 679 (2022), SB 695 (2022), SB 738 (2022), SB 780 (2022), SB 861 (2022), SB 1065 (2022), HB 1454 (2022), HB 1483 (2022), HB 1646 (2022), the truly agreed to and finally passed SS/SCs/HB 1878 (2022), HB 1911 (2022), HB 1976 (2022), HB 2113 (2022), the perfected HCS/HB 2140 (2022), HB 2531 (2022), HB 2577 (2022), HB 2630 (2022), SCS/SB 282 (2021), SB 14 (2021), HB 334 (2021), SCS/HS/HCS/HB 738 (2021), SB 818 (2020), HCS/HB 1600 (2020), HB 815 (2021), and HB 1065 (2021).
CASTING BALLOTS
(Section 115.435)
The act provides that once a ballot has been completed by the voter and he or she successfully submits the ballot into the ballot box, the ballot is deemed cast.
This provision is identical to provisions in SB 633 (2022), SB 670 (2022), HB 1911 (2022), HB 2113 (2022), and HB 1065 (2021) and substantially similar to provisions in SCS/SB 654 (2022), HB 1646 (2022), the truly agreed to and finally passed SS/SCS/HB 1878 (2022), the perfected HCS/HB 2140 (2022), and HB 2577 (2022).
SOS SYSTEM - ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS ELECTRONICALLY
(Section 115.960.2)
Current law requires the SOS to maintain a system for accepting voter registration applications electronically. This act makes maintenance of such a system permissive.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/HB 1878 (2022).
MISSOURI ELECTIONS SOVEREIGNTY ACT
(Section 115.1200)
The act creates the Missouri Elections Sovereignty Act. Under this provision, the General Assembly reserves the authority to regulate both voter qualifications and the time, place, and manner for state and local elections to the extent authorized under the United States Constitution. The State shall comply with federal law but shall reserve the right to protect, preserve, and defend the integrity of state and local elections through lawful regulation of voter qualifications for such elections. Any difference between state and federal election regulations shall result in separate election procedures for such elections.
This provision is identical to a provision in HCS/HB 2140 (2022).
FEDERAL ELECTION COMMUNICATIONS
(Section 115.1600)
Any state agency, whether that agency is involved in elections or not, or any person, group, or entity charged by the state to administer any official election occurring within the state, who receives or sends a communication, as defined in the act, with the federal Department of Justice or any other federal executive branch agency related to new or existing voting or election laws, shall provide notice to the Governor and General Assembly of this communication within five business days. This provision expires February 1, 2025.
This provision is substantially similar to a provision in HCS/HB 2140 (2022).
IMPLEMENTATION OF FEDERAL ELECTION GUIDANCE
(Section 115.1605)
Any person, group, or entity charged by the state of Missouri to administer any official election occurring within the state who intends to implement any new federal election guidance pending approval from the General Assembly in compliance with this act, shall provide notice to the General Assembly of its intent to do so at least thirty days before implementing the guidance.
All new federal election guidance shall be approved by the general assembly before it is implemented by a person, group, or entity charged by the state to administer any official election occurring within the state.
It shall be presumed for purposes of compliance with this act that the General Assembly has approved the implementation of the new federal election guidance if the General Assembly fails to vote on the issue within thirty days from when notice is provided to the legislature under this act.
A violation of this provision shall result in a fine in the amount of $5,000 to be levied every 30 days until the implemented guidance is formally withdrawn.
This provision expires February 1, 2025. This provision is substantially similar to a provision in HCS/HB 2140 (2022).
FEDERAL ELECTION FUNDS
(Section 115.1610)
Any person, group, or entity charged by the state to administer any official election occurring within Missouri who intends to accept or disperse federal election funds pending approval from the General Assembly in compliance with this act, shall provide notice to the General Assembly of its intent to do so at least thirty days before accepting the funds. If funds have already been accepted, then notice must be provided to the General Assembly thirty days before the funds are be dispersed.
All new federal election funds shall be approved by the General Assembly before they may be accepted or dispersed by a person, group, or entity charged by the state to administer any official election occurring within the state.
It shall be presumed for purposes of compliance with this act that the General Assembly has approved the acceptance and dispersal of new federal election funds if the General Assembly fails to vote on the issue within thirty days from when notice is provided to the General Assembly in accordance with this act.
A violation of this provision shall result in a fine in the amount of the new federal election funds accepted or dispersed in violation of this provision plus an additional $1,000.
This provision expires February 1, 2025. This provision is substantially similar to a provision in HCS/HB 2140 (2022).
BALLOT SUMMARIES FOR CONSTITUTIONAL AMENDMENTS PROPOSED BY THE GENERAL ASSEMBLY
(Section 116.160)
Under this act, if the General Assembly adopts a joint resolution proposing a constitutional amendment or statutory measure to be referred to the people that includes an official summary statement, the statement shall appear on the ballot, and no court shall have the authority to rewrite or edit the summary statement or ballot language.
This provision is identical to HB 1608 (2022) and the perfected HB 850 (2021).
NAMING OF BALLOT MEASURES
(Section 116.225)
The act requires the use of specific labels for ballot measures depending on the type of measure it is. Statewide statutory ballot measures and referendums shall be labeled by the Secretary of State with the letters A through I. County ballot measures shall be labeled by the local election authority with the letters J through R. Local ballot measures shall be labeled by the local election authority with the letters S through Z.
This provision is identical to a provision in the perfected HB 1859 (2022) and similar to provisions in HB 1911 (2022), HB 2577 (2022), and HS/HCS/HB 738 (2021).
TAXES ON REAL PROPERTY
(Section 1)
Any ballot measure seeking approval to add, change, or modify a tax on real property is required to express the effect of the proposed change within the ballot language in terms of the change in real dollars owed per one hundred thousand dollars of a property's market valuation.
NUMBER OF CANDIDATES ON BALLOT
(Section 2)
For any election in which the selection of multiple candidates in response to a single ballot question is permitted, the ballot language for such an election shall specify that the voter "may vote for up to [the maximum number] candidates". The maximum number of candidates is based on the offices available. The ballot language shall not indicate that the voter "shall" or "must" vote for a definite number of candidates.
This provision is identical to a provision in HCS/SS/SB 812 (2022).
DROP BOXES
(Section 3)
The act prohibits "drop boxes", defined as unattended depositories for election ballots, not to include mail boxes under the ownership and control of the United States Postal Service.
This provision is identical to a provision in HCS/SS/SB 812 (2022).
LEGISLATIVE INTERVENTION ACT
(Section 4)
The act establishes the "Legislative Intervention Act" which requires parties to provide a copy of the pleading to the Speaker of the House of Representatives and the President pro tem of the Senate within fourteen days of filing the pleading with the court in the following cases:
· Cases challenging the constitutionality of a statute facially or as applied;
· Cases challenging a statute as violating or preempted by federal law; or
· Cases challenging the construction or validity of a statute, as part of a claim or affirmative defense.
The Speaker of the House and the President pro tem of the Senate may intervene to defend against the action at any time in the action as a matter of right by serving motion upon the parties as provided by applicable rules of civil procedure.
The Speaker of the House and President pro tem of the Senate may intervene at any time in an action on behalf of their respective chambers. They may obtain legal counsel other than from the Attorney General, with the cost of representation paid from funds appropriated for that purpose, to represent the respective chamber in any action.
The President pro tem of the Senate and the Speaker of the House, acting jointly, may intervene at any time in an action on behalf of the General Assembly. The President pro tem and the Speaker, acting jointly, may obtain legal counsel other than from the attorney general, with the cost of representation paid from funds appropriated for that purpose, to represent the General Assembly in any action in which the President pro tem and Speaker jointly intervene.
No individual member, or group of members, of the Senate or the House of Representatives, except the President pro tem and the Speaker, as provided under this act, shall intervene in an action described in this act or obtain legal counsel at public expense under this act in the member's or group's capacity as a member or members of the Senate or the House of Representatives.
The participation of the Speaker of the House or the President pro tem of the senate in any state or federal action, as a party or otherwise, does not constitute a waiver of the legislative immunity or legislative privilege of any member, officer, or staff of the General Assembly.
This provision is substantially similar to a provision in the truly agreed to and finally passed SS/SCS/HB 1878 (2022).
SCOTT SVAGERA