FIRST REGULAR SESSION

[I N T R O D U C E D]

SENATE BILL NO. 374

89th GENERAL ASSEMBLY


S1459.01I

AN ACT

     To repeal sections 115.019, 115.045, 115.085, 115.115, 115.117, 115.129, 115.163, 115.317, 115.387, 115.389, 115.453, 115.479, 115.495, 115.507, 115.511, 115.600, 115.601, 115.619, 115.621, 115.631 and 115.635, RSMo 1994, and sections 115.023 and 247.180, RSMo Supp. 1996, relating to elections, and to enact twenty-three new sections relating to the same subject, with penalty provisions.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Sections 115.019, 115.045, 115.085, 115.115, 115.117, 115.129, 115.163, 115.317, 115.387, 115.389, 115.453, 115.479, 115.495, 115.507, 115.511, 115.600, 115.601, 115.619, 115.621, 115.631 and 115.635, RSMo 1994, and sections 115.023 and 247.180, RSMo Supp. 1996, are repealed and twenty-three new sections enacted in lieu thereof, to be known as sections 115.019, 115.023, 115.045, 115.085, 115.115, 115.117, 115.129, 115.163, 115.317, 115.387, 115.389, 115.453, 115.479, 115.495, 115.507, 115.511, 115.600, 115. 601, 115.619, 115.621, 115.631, 115.635 and 247.180, to read as follows:

     115.019. 1. Any group of registered voters from any county of the first class not having a board of election commissioners may circulate a petition for the formation of a board.

     2. The petition shall be signed by the number of registered voters in the county equal to at least fifteen percent of the total votes cast in the county for governor at the last gubernatorial election.

     3. Petitions proposing the formation of a board of election commissioners in any county of the first class shall be filed with the election authority of the county not later than 5:00 p.m. on the [tenth Friday] thirteenth Tuesday preceding a general election.

     4. Each petition for the formation of a board of election commissioners shall consist of sheets of uniform size. The space for signatures on either side of a petition page shall be no larger than 8 1/2 x 14 inches, and each page shall contain signatures of registered voters from only one county. Each page of each petition for the formation of a board of election commissioners shall be in substantially the following form: To the Honorable ......, county clerk of ...... County:

     We, the undersigned, citizens and registered voters of ..... County, respectfully order that the following question be placed on the official ballot, for acceptance or rejection, at the next general election to be held on the ..... day of ....., 19...:

     "Should a board of election commissioners be established in ..... County to assume responsibility for the registration of voters and the conduct of elections?"; and each for himself says: I have personally signed this petition; I am a registered voter of the state of Missouri and ..... County; my registered voting address and the name of the city, town or village in which I live are correctly written after my name. CIRCULATOR'S AFFIDAVIT STATE OF MISSOURI, COUNTY OF ............ I, .........., a Missouri registered voter and a resident of the state of Missouri, being first duly sworn, say (print or type names of signers)

REGISTERED VOTING

     NAME          DATE               ADDRESS          ZIP     CONGR.     NAME (Signature)     SIGNED (Street)(City, Town      CODE     DIST. (Printed

                          or Village)                or Typed)

(Here follow numbered lines for signers)

signed this page of the foregoing petition, and each of them signed his name thereto in my presence; I believe that each has stated his name, registered voting address and city, town or village correctly, and that each signer is a registered voter of the state of Missouri and .......... County.

                                   .............................

                                        Signature of Affiant

                                   (Person obtaining signatures)

                                   .............................

                                        Address of Affiant

Subscribed and sworn to before me this ...... day of ......... , A.D. 19....

                                   .............................

                                        Signature of Notary

Notary Public (Seal)

My commission expires ...........

If this form is followed substantially, it shall be sufficient, disregarding clerical and merely technical errors.

     5. The validity of each petition filed under provisions of this section shall be determined in the manner provided for new party and independent candidate petitions in sections 115.333, 115.335 and 115.337.

     6. Upon the filing of a valid petition for the formation of a board of election commissioners, it shall be the duty of the election authority to have the following question placed on the official ballot, in the same manner other questions are placed, at the next general election:

     "Should a board of election commissioners be established in ................ County to assume responsibility for the registration of voters and the conduct of elections?"

     7. The votes for and against the question shall be counted and certified in the same manner as votes on other questions.

     8. If the question is approved by a majority of the voters at the election, a board of election commissioners shall be appointed as provided in this subchapter and shall have the same rights and responsibilities provided by law for all boards of election commissioners.

     9. Any person who is a registered voter of a county of the first class not having a board of election commissioners may sign a petition for the formation of a board in the county. Any person who signs a name other than his own to any petition or knowingly signs his name more than once to the same petition or who knows he is not a registered voter at the time of signing such petition, or any officer or person willfully violating any provision of this section shall be guilty of a class two election offense.

     115.023. 1. Except as provided in subsections 2 and 3 of this section, each election authority shall conduct all public elections within its jurisdiction.

     2. When an election is to be conducted for a political subdivision or special district, and the political subdivision or special district is located within the jurisdiction of more than one election authority, the election authority of the jurisdiction with the greatest proportion of the political subdivision's or special district's registered voters shall be responsible for publishing any legal notice required in [section 115.127 or 115.521] this chapter.

     3. When an election is to be conducted for a political subdivision or special district, and the political subdivision or special district is located within the jurisdiction of more than one election authority, the affected election authorities may, by contract, authorize one of their number to conduct the election for all or any part of the political subdivision or special district. In any election conducted pursuant to this subsection, the election authority conducting part of an election in an area outside its jurisdiction may consolidate precincts across jurisdiction lines and shall have all powers and duties granted under the provisions of [sections 115.001 to 115.641] this chapter, except the provisions of sections 115.133 to 115.223 and sections 115.279 and 115.297, in the area outside its jurisdiction.

     4. Notwithstanding the provision of section 493.030, RSMo, whenever the publication of a legal advertisement, legal notice, order of court or public notice of any kind is allowed or required under [sections 115.001 to 115.641] this chapter, a newspaper publishing such notice shall charge and receive not more than its regular local classified advertising rate. The regular local classified advertising rate is that rate shown by the newspaper's rate schedule as offered to the public, and shall have been in effect for at least thirty days preceding publication of the particular notice to which it is applied.

     115.045. Each [board of election commissioners] election authority shall have the authority to employ such attorneys and other employees as may be necessary to promptly and correctly perform the duties of the [board] election authority. Where an electronic voting system or voting machines are used, the [board] election authority shall designate competent employees to have custody of and supervise maintenance of the voting equipment. Board of election commission employees shall be subject to the same restrictions and subscribe the same oath as members of the board of election commission, except that no employee of a board of election commissioners shall be required to post bond unless directed to do so by the board. Employee oaths and any bonds shall be filed and preserved in the office of the board.

     115.085. No person shall be appointed to serve as an election judge who is not a registered voter in the jurisdiction of the election authority for which he or she is appointed. Each election judge shall be a person of good repute and character who can speak, read and write the English language. No person shall serve as an election judge at any polling place in which his or her name or the name of a relative within the second degree, by consanguinity or affinity, appears on the ballot. However, no relative of any unopposed candidate shall be disqualified from serving as an election judge in any election jurisdiction of the state. No election judge shall, during his or her term of office, hold any other public office, other than as a member of a political party committee or township office, except any person who is an employee of the state of Missouri or who is appointed to or employed by a board or commission of a political subdivision or special district may serve as an election judge except at a polling place where such political subdivision or special district has an issue or candidate on the ballot. In any county having a population of less than two hundred fifty thousand inhabitants, any candidate for the county committee of a political party who is not a candidate for any other office and who is unopposed for election as a member of the committee shall not be disqualified from serving as an election judge.

     115.115. 1. Except as provided in subsection 2 of this section or in section 115.436, for each election within its jurisdiction, the election authority shall designate a polling place for each precinct within which any voter is entitled to vote at the election.

     2. For any election, the election authority shall have the right to consolidate two or more adjoining precincts for voting at a single polling place and to designate one set of judges to conduct the election for such precincts. Voters shall be notified of the place for voting in the manner provided in section 115.127 or 115.129.

     3. No person shall be required to go to more than one polling place to vote on the same day.

     4. Prior to the opening of the polling places on [primary and general] any election [days] day, if candidates or issues for more than one [state senatorial or state representative] political subdivision or district are to be voted for at one precinct, [and if fifty or fewer registered voters are eligible to vote for each of the candidates,] the election authority for that precinct shall provide color-coded ballots, or ballots with other distinguishing codes, to show what [district] candidates and issues the voter is [voting in] eligible to vote, based on the voter's place of residence, so that on election day no voter will have an opportunity to vote for [more than one congressional candidate, state senatorial candidate, or state representative candidate] candidates or issues for which the voter is not entitled to vote. If such ballots are not available, the election authority shall be notified and voting at that precinct shall not begin until appropriate ballots are available. [In all other instances the election authority shall designate polling places so that more than one state senatorial or state representative candidate will not be voted for at the same polling place.]

     5. Each local election authority may designate one common site as an election day polling place designed for accessibility to the handicapped and elderly. In addition to being able to supply such voters with their appropriate ballots, and being open during regular voting hours, such a polling place shall otherwise be staffed and operated in accordance with law, especially as provided in subsection 3 of section 115.436 and subsection 3 of section 115.445, and like any other polling place, insofar as possible.

     115.117. 1. The election authority may designate tax-supported public buildings or buildings owned by any political subdivision or special district to be used as polling places for any election, and no official in charge or control of any such public building shall refuse to permit the use of the building for election purposes. The election authority shall have the right to choose the location of the polling place within such buildings.

     2. If an election authority determines there is no public building convenient for a polling place in any voting district, the authority shall first attempt to secure the use of a privately owned tax-exempt building, and in the event no such building is available, it may contract for the rental of a suitable polling place in the district.

     3. In selecting polling places, the election authority shall consider parking areas which may be available and shall give priority to those places which have adequate parking areas for use by poll workers and voters.

     115.129. [1.] Not later than the fifth day prior to any election, the election authority may mail to each registered voter in the area of its jurisdiction in which the election is to be held, a notice of election which shall include the date and time of the election, the location of the voter's polling place and the name of the agency calling the election. The notice may also include a sample ballot. The election authority may provide any additional notice of the election it deems desirable.

     [2. In any county the notice of election may state whether the election is a national, state, county, municipal, special purpose district or special election in lieu of stating the agency calling the election, provided that said notice also states the voters involved:

     (1) Township;

     (2) Election precinct;

     (3) Municipality, if any;

     (4) School district; and

     (5) Fire district.]

     115.163. 1. Each election authority shall arrange one set of registration cards into permanent binders for each precinct, or it may authorize the creation of computerized lists for each precinct. The computerized lists or binder shall be arranged alphabetically or by street address as the election authority determines and shall be known as the "precinct register". At least one set of registration cards shall be arranged in a central file in such a manner as the election authority determines, and shall be known as the "headquarters register". The election authority shall be the custodian of the registration records, and no cards or records shall be removed or handled except at its direction and under its supervision. The precinct registers shall be kept by the election authority in a secure place, except when given to election judges for use at an election. All registration records shall be open to inspection by the public at all reasonable times.

     2. In counties using computer printouts as precinct registers, a new computer printout shall be printed prior to each election.

     3. In those counties using computer printouts as precinct registers, the election authority shall send to each voter a voter identification card [before May thirty-first] not less than 90 days prior to the primary election in each year in which a primary and general election will be held, unless the voter has received such a card during the preceding six months. The voter identification card shall contain the voter's name, address, precinct and a signature line. The card may also contain other voting information at the discretion of the election authority. The voter shall be instructed to sign the card for use as identification at the polls. The voter identification card shall be sent to a voter after a new registration or a change of address. If any voter shall lose his voter identification card he may request a new one from the election authority. The voter identification card authorized under this section may be used as a canvass of voters in lieu of the provisions set out in sections 115.179 to 115.193. Anyone, upon request and payment of a reasonable fee, may obtain a printout, list and/or computer tape of those newly registered voters or voters deleted from the voting rolls, since the last canvass or updating of the rolls.

     115.317. 1. The filing of a valid statewide petition shall constitute the political group a new party for the purpose of placing its name and the names of its statewide and district and county candidates which are submitted under section 115.327 on the ballot at the next general election[, except that if, following establishment, at any two consecutive elections the party fails to have a statewide candidate, the party shall no longer be deemed an established party,] or the special election if the petition nominates a candidate to fill a vacancy which is to be filled at a special election. The filing of a valid countywide or districtwide petition shall constitute the political party a new party for the purpose of placing its name and the names of its county and district candidates on the ballot at the next general election or the special election if the petition nominates a candidate to fill a vacancy which is to be filled at a special election[, except that if, following establishment, at any two consecutive elections, the party fails to have a candidate in the district or county, as the case may be, the party shall no longer be deemed an established party]. If presidential electors are nominated by the petition, the names of the candidates for elector shall not be placed on the official ballot, but the name of their candidate for president and the name of their candidate for vice president shall be placed on the official ballot at the next presidential election.

     2. If, at an election in which the new party's candidates first appear, any of its candidates for a statewide office receives more than two percent of all votes cast for the office, the new party shall become an established political party for the state. If, at the election in which the new party's candidates first appear, any of its candidates for an office receives more than two percent of the votes cast for the office in any district or county, the new party shall become an established political party only for the district or county.

     3. If, after becoming an established political party for the state, at any two consecutive elections a party fails to have a statewide candidate, or fails to receive more than two percent of the entire vote cast for a candidate for any statewide office, a party shall no longer be deemed an established political party. If, after becoming an established political party for a district or county, at any two consecutive elections a party fails to have a candidate in the district or county, as the case may be, or fails to receive more than two percent of the entire vote cast at either of the last two elections in which the district or political subdivision voted as a unit for the election of officers or representatives to serve its area, the party shall no longer be deemed an established political party.

     115.387. Not later than the [eighth] tenth Tuesday before each primary election, the secretary of state shall transmit to each election authority a certified list containing the name and address of each person who has filed a declaration of candidacy in his office and is entitled to be voted for at the primary election, together with a designation of the office for which he is a candidate and the party he represents. In his certification, the secretary of state shall also include the order in which the candidates for each office [filed their declarations of candidacy] are to be listed on the official ballot.

     115.389. Upon receipt of the certified list from the secretary of state, each election authority shall publish, under the proper party designations, the title of each office, the name and address of each candidate for each office to be voted on within its jurisdiction, the date of the primary election and the hours the polls will be open. The notice shall be published in a newspaper of general circulation within the jurisdiction of the election authority. The election authority shall include in the notice the names and addresses of all candidates for political party committees who will be elected pursuant to the provisions of subsection 4 of section 115.613.

     115.453. Election judges shall count votes for all candidates in the following manner:

     (1) If a cross (X) mark appears in the circle immediately below a party name at the head of a column, each candidate of the party shall be counted as voted for. If a cross (X) mark appears in the circle immediately below more than one party name, no candidate shall be counted as voted for, except a candidate before whose name a cross (X) mark appears in the square preceding the name and a cross (X) mark does not appear in the square preceding the name of any candidate for the same office in another column. If a cross (X) mark appears in the circle immediately below a party name at the head of a column, and a cross (X) mark appears in the square next to the name of any candidate in another column, each candidate of the party whose circle is marked shall be counted as voted for, except where a cross (X) mark appears in the square preceding the name of any candidate in another column. Except as provided in this subdivision and subdivision (2) of this section, each candidate with a cross (X) mark in the square preceding his name shall be counted as voted for.

     (2) If no cross (X) mark appears in the circle immediately below any party name, but a cross (X) mark does appear in the square next to any candidate's name, the name of each candidate next to which a cross (X) mark appears shall be counted as voted for, and no other name shall be counted as voted for. If cross (X) marks appear next to the names of more candidates for an office than are entitled to fill the office, no candidate for the office shall be counted as voted for. If more than one candidate is to be nominated or elected to an office, and any voter has voted for the same candidate more than once for the same office at the same election, no votes cast by the voter for the candidate shall be counted.

     (3) No vote shall be counted for any candidate that is not marked substantially in accordance with the provisions of this section. The judges shall count votes marked substantially in accordance with this section when the intent of the voter seems clear. No ballot containing any proper votes shall be rejected for containing fewer marks than are authorized by law.

     (4) Write-in votes shall be counted only for candidates for election to office who have filed a declaration of intent to be a write-in candidate for election to office with the proper election authority prior to 5:00 p.m. on the second Friday immediately preceding the election day. No person who filed as a party [or independent] candidate for nomination or election to an office may, without withdrawing as provided by law, file as a write-in candidate for election to the same office at the general election for the same term. No person who filed as an independent candidate for election to any office may, without withdrawing as provided by law, file as a write-in candidate for election to the same office at the general election for the same term. The election authority shall furnish a list to the election judges and counting teams prior to election day of all write-in candidates who have filed such declaration. This subdivision shall not apply to elections wherein candidates are being elected to an office for which no candidate has filed.

     (5) Write-in votes shall be cast and counted for a candidate without party designation. Write-in votes for a person cast with a party designation shall not be counted. Except for candidates for political party committees, no candidate shall be elected as a write-in candidate unless he receives a separate plurality of the votes without party designation regardless of whether or not the total write-in votes for such candidate under all party and without party designations totals a majority of the votes cast.

     (6) When submitted to the election authority, each declaration of intent to be a write-in candidate for the office of United States president shall include the name of a candidate for vice president and the names of nominees for presidential elector equal to the number to which the state is entitled. At least one qualified resident of each congressional district shall be nominated as presidential elector. Each such declaration of intent to be a write-in candidate shall be accompanied by a declaration of candidacy for each presidential elector in substantially the form set forth in section 115.399.3. Each declaration of candidacy for the office of presidential elector shall be subscribed and sworn to by the candidate before the election official receiving the declaration of intent to be a write-in, a notary public or other officer authorized by law to administer oaths.

     115.479. In each jurisdiction using an electronic voting system, the election authority shall, [immediately] after the count has been completed and the results received, have the automatic tabulating equipment tested to ascertain that the equipment has correctly counted the votes for all offices and on all questions. The test shall be observed by at least two persons designated by the election authority, one from each major political party, and shall be open to the public. The test shall be conducted by processing the same preaudited group of ballot cards used in the preelection test provided for in section 115.233. If any error is detected, the cause shall be ascertained and corrected, and an errorless count shall be made before the final results are announced. After the completion of an errorless count, the programs and the ballot cards shall be sealed, retained and disposed of as provided for paper ballots.

     115.495. [Except for voting machines or voting devices used during the presidential preference primary election held on the second Tuesday in March,] After being locked and sealed against further voting by the election judges, voting machines shall remain locked for the period provided by law for filing an election contest and as much longer as may be necessary or advisable because of any threatened or pending contest, grand jury investigation, or civil or criminal case relating to the election. [Voting machines or voting devices used during the presidential preference primary election held on the second Tuesday in March, after being locked and sealed against further voting by the election authority, shall remain locked for a period of seven calendar days.] During this time, the voting machines shall not be unlocked, except upon order of a court, grand jury or legislative body trying an election contest.

     115.507. 1. Not later than the second Tuesday after the election, the verification board shall issue a statement announcing the results of each election held within its jurisdiction and shall certify the returns to each political subdivision and special district submitting a candidate or question at the election. In any county in which there are two boards of election commissioners, the county clerk shall certify the cumulative returns of that county.

     2. The verification board shall prepare the returns by drawing an abstract of the votes cast for each candidate and on each question submitted to a vote of people in its jurisdiction by the state and by each political subdivision and special district at the election. The abstract of votes drawn by the verification board shall be the official returns of the election.

     3. Not later than the [third] second Thursday after each election at which the name of a candidate for nomination or election to the office of president of the United States, United States senator, representative in Congress, governor, lieutenant governor, state senator, state representative, judge of the circuit court, secretary of state, attorney general, state treasurer, or state auditor, or at which an initiative, referendum, constitutional amendment or question of retaining a judge subject to the provisions of article V, section 29 of the state constitution, appears on the ballot in a jurisdiction, the election authority of the jurisdiction shall mail or deliver to the secretary of state the abstract of the votes given in its jurisdiction, by polling place, for each such office and on each such question. If mailed, the abstract shall be enclosed in a strong, sealed envelope or envelopes. On the outside of each envelope shall be printed: "Returns of election held in the county of ....... (City of St. Louis, Kansas City) on the ..... day of ......, 19....., for the offices of ......", etc. In any county in which there are two boards of election commissioners, the county clerk shall mail or deliver to the secretary of state the abstract of votes in his jurisdiction, by polling place, for each such office, and on each such question.

     115.511. 1. The secretary of state shall convene the board of state canvassers to total the abstracts of each primary election and the board shall, not later than two weeks after receiving all required abstracts from the primary election, issue a statement announcing the results of the primary election for federal officers, governor, lieutenant governor, state senators and representatives, circuit judges, secretary of state, attorney general, state treasurer and state auditor.

     2. The secretary of state shall convene the board of state canvassers to total the abstracts of each general election and the board shall, not later than the [fourth] second Tuesday in December following the general election, issue a statement announcing the results of the general election for federal officers, governor, lieutenant governor, state senators and representatives, circuit judges, appellate and circuit judges subject to the provisions of article V, section 25 of the state constitution, secretary of state, attorney general, state treasurer and state auditor.

     3. The secretary of state shall convene the board of state canvassers to total the abstracts of each special election at which the name of a candidate for nomination or election to the office of United States senator, representative in Congress, governor, lieutenant governor, state senator, state representative, circuit judge not subject to the provisions of article V, section 25 of the state constitution, secretary of state, attorney general, state treasurer or state auditor, or at which an initiative, referendum or constitutional amendment appears on the ballot, and the board shall, not later than two weeks after receiving all required abstracts from the election, issue a statement announcing the results of the election for such office or on such question.

     115.600. The election authority, if convinced that errors of omission or commission have occurred on the part of the election authority, election judges, or any election personnel in the conduct of an election, may petition the circuit court for a recount [in the same manner as any candidate for office or voter in an issue election may petition for a recount] or a new election and the court is authorized to order a new election if the evidence provided demonstrates that the irregularities were sufficient to cast doubt on the outcome of the election.

     115.601. 1. Any contestant in a primary or other election contest who was defeated by less than one percent of the votes cast for an office in any jurisdiction and any contestant who received the second highest number of votes cast for that office if two or more are to be elected and who was defeated by less than one percent of the votes cast, or any person whose position on a question was defeated by less than one percent of the votes cast on the question in any jurisdiction, shall have the right to a recount of the votes cast for the office or on the question in the jurisdiction.

     2. In cases where the candidate filed or the ballot question was originally filed with an election authority as defined in section 115.015, such recount shall be requested in accordance with the provisions of sections 115.531 or 115.577 and conducted under the direction of the court or the commissioner representing the court trying the contest according to the provisions of this subchapter.

     3. In cases where the candidate filed or the ballot question was originally filed with the secretary of state, the defeated candidate or the person whose position on a question was defeated by less than one percent of the votes cast on the question shall be allowed a recount under this section by filing with the secretary of state a request for a recount stating that he or his position on a question was defeated by less than one percent of the votes cast. Such request shall be filed not later than seven days after certification of the election. The secretary of state shall notify all concerned parties of the filing of the request for a recount. The secretary of state shall authorize the election authorities to conduct a recount under this section if the requesting party or his position on a question was defeated by less than one percent of the votes cast. The secretary of state shall conduct and certify the results of the recount as the official results in the election within twenty days of receipt of the aforementioned notice of recount.

     4. Whenever a recount is [ordered] requested pursuant to subsection 3 of this section, the secretary of state shall determine the number of persons necessary to assist with the recount and shall appoint such persons equally from lists submitted by the contestant and the opponent who received more votes or a person whose position on a question received more votes than the contestant's position on that question. Each person appointed pursuant to this section shall be a disinterested person and a registered voter of the area in which the contested election was held. Each person so appointed shall take the oath prescribed for and receive the same pay as an election judge in the jurisdiction where he is registered. After being sworn not to disclose any facts uncovered by the recount, except those which are contained in the report, the contestant and the opponent who received more votes or a person whose position on a question received more votes than the contestant's position on that question shall be permitted to be present in person or represented by an attorney at the recount and to observe the recount. Each recount shall be completed under the supervision of the secretary of state with the assistance of the election authorities involved, and the persons appointed to assist with the recount shall perform such duties as the secretary of state directs. Upon completion of any duties prescribed by the secretary of state the persons appointed to assist with the recount shall make a written and signed report of their findings. The findings of the persons appointed to assist with the recount shall be prima facie evidence of the facts stated therein, but any person present at the examination of the votes may be a witness to contradict the findings. No one other than the secretary of state, the election authorities involved, the contestant and the other witnesses described in this subsection, their attorneys, and those specifically appointed by the secretary of state to assist with the recount shall be present during any recount [ordered] conducted pursuant to this section. Recounts conducted under the supervision of the secretary of state shall be limited to one additional counting of all votes cast and counted on election day in the race with respect to which the recount has been requested.

     115.619. 1. The membership of a legislative district committee shall consist of all county committee members [elected at polling places] within the legislative district, except as provided in subsections 4 and 5 of this section. In all counties of this state which are wholly contained within a legislative district, or in which there are two or more whole legislative districts, or one whole legislative district and part of another legislative district, or parts of two or more legislative districts, there shall be elected from the membership of each legislative district committee a chairman and a vice chairman, one of whom shall be a woman and one of whom shall be a man, and each legislative district at the same time shall elect a secretary and a treasurer, one of whom shall be a woman and one of whom shall be a man, but who may or may not be members of the legislative district committee. Party state committees may provide for voting by proxy and for weighted or fractional voting.

     2. If a legislative district and a county are coextensive, the chairman, vice chairman, secretary and treasurer of the county committee shall be the chairman, vice chairman, secretary and treasurer of the legislative committee.

     3. Except as provided in subsections 4 and 5 of this section, the congressional, senatorial or judicial district committee shall consist of the chairman and vice chairman of each of the legislative districts in the congressional, senatorial, or judicial districts and the chairman and vice chairman of each of the county committees within the districts. Party state committees may provide for voting by proxy and may provide for weighted or fractional voting.

     4. The congressional, senatorial or judicial district committee of a district coextensive with one county shall be the county committee.

     5. The congressional, senatorial or judicial district committee of a district which is composed in whole or in part of a part of a city or part of a county shall consist of the ward or township committeemen and committeewomen from such wards or townships included in whole or in part in such part of a city or part of a county forming the whole or a part of such district. Party state committees may provide for voting by proxy and may provide for weighted or fractional voting.

     115.621. 1. The members of each congressional district committee shall meet at some place within the district, to be designated by the current chairman of the committee, on the last Tuesday in August after each primary election. At the meeting, the committee shall organize by electing one of its members as chairman and one of its members as vice chairman, one of whom shall be a woman and one of whom shall be a man, and a secretary and a treasurer, one of whom shall be a woman and one of whom shall be a man, who may or may not be members of the committee.

     2. The members of each legislative district committee shall meet at some place within the legislative district or within one of the counties in which the legislative district exists, to be designated by the current chairman of the committee, on the Wednesday after the third Tuesday in August after each primary election. At the meeting, the committee shall organize pursuant to subsection 1 of section 115.619.

     3. The members of each senatorial district committee shall meet at some place within the district, to be designated by the current chairman of the committee, if there be one, and if not, by the chairman of the congressional district in which the senatorial district is principally located, on the [third] Saturday after the third Tuesday in August after each primary election. At the meeting, the committee shall organize by electing one of its members as chairman and one of its members as vice chairman, one of whom shall be a woman and one of whom shall be a man, and a secretary and a treasurer, one of whom shall be a woman and one of whom shall be a man, who may or may not be members of the committee. The members of each senatorial district shall also meet at some place within the district, to be designated by the current chairman of the committee, if there be one, and if not, by the chairman of the congressional district in which the senatorial district is principally located, on the [third] Saturday after the third Tuesday in November after each general election. At the meeting, the committee shall proceed to elect two registered voters of the district, one man and one woman, as members of the party's state committee.

     4. The members of each judicial district may meet at some place within the judicial district or within one of the counties in which the judicial district exists, to be designated by the current chairman of the committee or the chairman of the congressional district committee, on the first Tuesday in September after each primary election, or at another time designated by the chairmen of the committees. At the meeting, the committee shall organize pursuant to subsection 1 of section 115.619.

     115.631. The following offenses, and any others specifically so described by law, shall be class one election offenses and are deemed felonies connected with the exercise of the right of suffrage. Conviction for any of these offenses shall be punished by imprisonment of not more than five years or by fine of not less than two thousand five hundred dollars but not more than ten thousand dollars or by both such imprisonment and fine:

     (1) Willfully and falsely making any certificate, affidavit, or statement required to be made under any provision of sections 115.001 to 115.641 and sections 51.450 and 51.460, RSMo, including but not limited to statements specifically required to be made "under penalty of perjury"; or in any other manner knowingly furnishing false information to an election authority or election official engaged in any lawful duty or action in such a way as to hinder or mislead the authority or official in the performance of official duties;

     (2) Voting more than once or voting at any election knowing that he is not entitled to vote or that he has already voted on the same day at another location inside or outside the state of Missouri;

     (3) Procuring any person to vote knowing he is not lawfully entitled to vote or knowingly procuring an illegal vote to be cast at any election;

     (4) Applying for a ballot in the name of any other person, whether the name be that of a person living or dead or of a fictitious person, or applying for a ballot in his own or any other name after having once voted at the election inside or outside the state of Missouri;

     (5) Aiding, abetting or advising another person to vote knowing he is not legally entitled to vote or knowingly aiding, abetting or advising another person to cast an illegal vote;

     (6) An election judge knowingly causing or permitting any ballot to be in the ballot box at the opening of the polls and before the voting commences;

     (7) Knowingly furnishing any voter with a false or fraudulent or bogus ballot, or knowingly practicing any fraud upon a voter to induce him to cast a vote which will be rejected, or otherwise defrauding him of his vote;

     (8) An election judge knowingly placing or attempting to place or permitting any ballot, or paper having the semblance of a ballot, to be placed in a ballot box at any election unless the ballot is offered by qualified voter as provided by law;

     (9) Knowingly placing or attempting to place or causing to be placed any false or fraudulent or bogus ballot in a ballot box at any election;

     (10) Knowingly removing any legal ballot from a ballot box for the purpose of changing the true and lawful count of any election or in any other manner knowingly changing the true and lawful count of any election;

     (11) Knowingly altering, defacing, damaging, destroying or concealing any ballot after it has been voted for the purpose of changing the lawful count of any election;

     (12) Knowingly altering, defacing, damaging, destroying or concealing any poll list, report, affidavit, return or certificate for the purpose of changing the lawful count of any election;

     (13) On the part of any person authorized to receive, tally or count a poll list, tally sheet or election return, receiving, tallying or counting a poll list, tally sheet or election return he knows is fraudulent, forged or counterfeit, or knowingly making an incorrect account of any election;

     (14) On the part of any person whose duty it is to grant certificates of election, or in any manner declare the result of an election, granting a certificate to a person he knows is not entitled to receive the certificate, or declaring any election result he knows is based upon fraudulent, fictitious or illegal votes or returns;

     (15) Willfully destroying or damaging any official ballots, whether marked or unmarked, after the ballots have been prepared for use at an election and during the time they are required by law to be preserved in the custody of the election judges or the election authority;

     (16) Willfully tampering with, disarranging, altering the information on, defacing, impairing or destroying any voting machine or marking device after the machine or marking device has been prepared for use at an election and during the time it is required by law to remain locked and sealed with intent to impair the functioning of the machine or marking device at an election, mislead any voter at the election, or to destroy or change the count or record of votes on such machine;

     (17) Registering to vote knowing he is not legally entitled to register or registering in the name of another person, whether the name be that of a person living or dead or of a fictitious person;

     (18) Procuring any other person to register knowing he is not legally entitled to register, or aiding, abetting or advising another person to register knowing he is not legally entitled to register;

     (19) Knowingly preparing, altering or substituting any computer program or other counting equipment to give an untrue or unlawful result of an election;

     (20) On the part of any person assisting a blind or disabled person to vote, knowingly failing to cast such person's vote as he directs;

     (21) On the part of any registration or election official, permitting any person to register to vote or to vote when he knows the person is not legally entitled to register or not legally entitled to vote;

     (22) On the part of a notary public acting in his official capacity, knowingly violating any of the provisions of sections 115.001 to 115.627 or any provision of law pertaining to elections;

     (23) Violation of any of the provisions of sections 115.275 to 115.303, or of any provision of law pertaining to absentee voting[.] ;

     (24) Assisting a person to vote knowing he is not legally entitled to such assistance, or while assisting a person to vote who is legally entitled to such assistance, in any manner coercing, requesting or suggesting that the voter vote for or against or refrain from voting on any question, ticket or candidate.

     115.635. The following offenses, and any others specifically so described by law, shall be class three election offenses and are deemed misdemeanors connected with the exercise of the right of suffrage. Conviction for any of these offenses shall be punished by imprisonment of not more than one year or by fine of not more than two thousand five hundred dollars, or by both such imprisonment and fine:

     (1) Giving, lending, agreeing to give or lend, offering, promising, or endeavoring to procure, any money or valuable consideration, office, or place of employment, to or for any voter, to or for any person on behalf of any voter, or to or for any person, in order to induce any voter to vote or refrain from voting or corruptly doing any such act on account of such voter having already voted or refrained from voting at any election;

     (2) Making use of, or threatening to make use of, any force, violence, or restraint, or inflicting or threatening to inflict any injury, damage, harm or loss upon or against any person, in order to induce or compel such person to vote or refrain from voting at any election;

     (3) Impeding or preventing, or attempting to impede or prevent, by abduction, duress or any fraudulent device or contrivance, the free exercise of the franchise of any voter or, by abduction, duress, or any fraudulent device, compelling, inducing, or prevailing upon any voter to vote or refrain from voting at any election;

     (4) Giving, or making an agreement to give, any money, property, right in action, or other gratuity or reward, in consideration of any grant or deputation of office;

     (5) Bringing into this state any nonresident person with intent that such person shall vote at an election without possessing the requisite qualifications;

     (6) Asking for, receiving, or taking any money or other reward by way of gift, loan, or other device or agreeing or contracting for any money, gift, office, employment, or other reward, for giving, or refraining from giving, his vote in any election;

     (7) Removing, destroying or altering any supplies or information placed in or near a voting booth for the purpose of enabling a voter to prepare his ballot;

     (8) [Assisting a person to vote knowing he is not legally entitled to such assistance, or while assisting a person to vote who is legally entitled to such assistance, in any manner coercing, requesting or suggesting that the voter vote for or against or refrain from voting on any question, ticket or candidate;

     (9)] Entering a voting booth or compartment except as specifically authorized by law;

     [(10)] (9) On the part of any election official, challenger, watcher or person assisting a person to vote, revealing or disclosing any information as to how any voter may have voted, indicated that he had voted, indicated an intent to vote or offered to vote, except to a grand jury or pursuant to a lawful subpoena in a court proceeding relating to an election offense;

     [(11)] (10) On the part of any registration or election official, refusing to permit any person to register to vote or to vote when he knows the person is legally entitled to register or legally entitled to vote;

     [(12)] (11) Attempting to commit or participating in an attempt to commit any class one or class two election offense.

     247.180. 1. Regular elections shall be held annually on the first Tuesday [after the first Monday in June, or the election may be held] in April [at the same time as regular school elections]. [If authorized,] Such elections may be conducted by the appropriate election authority pursuant to [sections 115.650 to 115.660] chapter 115, RSMo.

     2. Notwithstanding any other provision of law, if the number of candidates is no greater than the number of directors to be elected, no election shall be held, and the candidates shall assume the responsibilities of their offices at the same time and in the same manner as if they had been elected.