SB 116- This act modifies various provisions relating to elections.VOTER REGISTRATION (Sections 115.013 through 115.221)
Current law permits an election authority to remove a registered voter's name from the list of registered voters on the precinct register on the ground that the voter has changed residence under certain circumstances. This act requires, rather than permits, such removal if:
• The voter confirms in writing that the voter has changed residence to a place outside the election authority's jurisdiction in which the voter is registered; or
• The voter fails to respond to a notice and has not engaged in voter activity, as that term is defined in the act, during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice.
State agencies are required to provide information and data to the Secretary of State (SOS) that the SOS deems necessary to maintain the statewide voter registration database. Additionally, the clerk of each circuit court shall, on or before the 10th day of each month, prepare and transmit to the SOS a complete list of all persons who identify themselves as not being citizens of the United States during their qualification to serve as a juror during the preceding calendar month in that county.
The SOS is required to enter into agreements to share information or data that is in the possession of the SOS with other states or groups of states, as the SOS considers necessary, to maintain the statewide voter registration database. The SOS shall ensure that any information or data provided to the SOS that is confidential remains confidential while in the possession of the SOS.
Each election authority is required to investigate the qualifications of any person who has not engaged in voter activity within the preceding two calendar years. Furthermore, if the election authority determines that a registered voter has not engaged in voter activity within the two preceding calendar years, the election authority must include such registered voter in any canvass.
The act additionally reorganizes and consolidates various provisions relating to voter registration list maintenance throughout the various election laws.
These provisions are substantially similar to SB 1025 (2024), SB 44 (2023), provisions in SB 695 (2022), SB 1065 (2022), and SB 137 (2021).
OFFICE OF ELECTION CRIMES AND SECURITY (Section 115.642)
This act creates the Office of Election Crimes and Security within the Secretary of State's office. The SOS is responsible for appointing a director and investigators for the Office. The Office is given the following responsibilities and authority:
• The Office shall respond to notifications and complaints alleging a violation of state election laws;
• The Office shall review notices and reports of alleged violations of state election law and conduct investigations as deemed necessary;
• The Office shall initiate independent inquiries and conduct investigations into alleged violations of state election law; and
• The Office shall oversee a voter fraud hotline.
The Office is given subpoena power in the course of investigating complaints pursuant to this act. If any person refuses to comply with a subpoena issued pursuant to this act, the Secretary of State may seek to enforce the subpoena before a court of competent jurisdiction. The court may issue an order requiring the person to produce the documents relating to the matter under investigation or in question. Any person who fails to comply with the order may be held in contempt of court. Any investigator conducting an investigation into an alleged violation of this act shall not be restricted from entering any polling place or office of election authority under investigation.
If, during the course of an investigation, the Office determines that there may be a violation of any criminal law or state election law, the Office shall submit its findings and investigation to the Attorney General and respective prosecuting attorney for further investigation or prosecution. The Attorney General is specifically given investigative authority and concurrent jurisdiction to prosecute any election offense.
The Office is responsible for preparing and delivering a report, not later than January 15th of each year, to the Governor, the Speaker of the House of Representatives, and the President Pro Tem of the Senate disclosing the details of complaints filed with the Office.
This provision is substantially similar to SB 724 (2024) and HB 1833 (2024) and similar to SB 350 (2023).
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 is substantially similar to a provision in SB 235 (2023).
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 30 days before implementing the guidance. Furthermore, all new federal election guidance shall be approved by concurrent resolution approved by a majority of each house 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 30 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 is substantially similar to a provision in SB 235 (2023).
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 30 days before accepting the funds. If funds have already been accepted, then notice must be provided to the General Assembly 30 days before the funds are dispersed. Furthermore, all new federal election funds shall be approved by concurrent resolution approved by a majority of each house 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 30 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.
The act repeals certain provisions relating to the administration of election funds. (Sections 115.074 and 115.078)
This provision is identical to a provision in SB 235 (2023).
This act is effective January 1, 2026.
SCOTT SVAGERA