SB 235 - This act creates various new provisions relating to elections.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/SS/SB 812 (2022).
FEDERAL ELECTION COMMUNICATIONS
(Section 115.1500)
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 responds to a communication, as defined in the act, with the United States 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.
IMPLEMENTATION OF FEDERAL ELECTION GUIDANCE
(Section 115.1505)
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, as that term is defined in the act, shall provide notice to the General Assembly of its intent to do so at least thirty days before implementing the guidance. Furthermore, all new federal election guidance shall be approved by concurrent resolution approved by a majority of both houses of the General Assembly before it is implemented.
It shall be presumed that the General Assembly has approved the implementation of the new federal election guidance if the General Assembly fails to vote on a concurrent resolution within thirty days from when notice is provided.
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shall result in a fine in the amount of $5,000 to be levied every 30 days until the implemented guidance is formally withdrawn.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.
FEDERAL ELECTION FUNDS
(Section 115.1510)
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, as that term is defined in the 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 dispersed. Furthermore, all new federal election funds shall be approved by concurrent resolution approved by a majority of both houses of the General Assembly before they may be accepted or dispersed by any person, group, or entity charged by the state to administer any official election occurring within the state.
It shall be presumed that the General Assembly has approved the acceptance and dispersal of new federal election funds if the General Assembly fails to vote on a concurrent resolution within thirty days from when notice is provided.
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 act is substantially similar to provisions in HCS/SS/SB 812 (2022) and HCS/HB 2140 (2022).
SCOTT SVAGERA