SB 0374 Revises Election Laws
Sponsor:McKenna
LR Number:S1459.03C Fiscal Note:1459-03
Committee:Elections, Pensions and Veterans' Affairs
Last Action:05/16/97 - 009 S Calendar S Bills for Perfection w/SCS Journal page:
Title:SCS/SB 374
Effective Date:August 28, 1997
Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 1997 Senate Bills
Current Bill Summary

SCS/SB 374 - This act modifies numerous provisions in the election laws.

Section 115.019. Deadline to submit petition to form election board is changed from the 10th Friday to the 13th Tuesday before the general election.

Section 115.023. Expands legal notice requirement pursuant to Chapter 115, RSMo (currently specifies 2 sections).

Section 115.045. Authorizes election authorities to employ attorneys and other employees (currently only election boards can do this). NOTE: Election authorities shall designate employees for supervision and custody of voting equipment, however, only board of election employees are subject to the same restrictions and take an oath (election authority employees would NOT be subject to these measures).

Section 115.085. Specifies that election judges must be registered to vote in jurisdiction of the election authority.

Section 115.115. Expands color coded ballot provisions for multiple districts at a polling place. Currently it is limited to color codes if there is a difference in state senatorial or representative district. Under this act, there would be color coding if any candidate or issue in a political subdivision or district is different.

Section 115.117. Currently, any tax-supported public building may be used as a polling place. This act adds buildings owned by political subdivisions or special districts--"No official shall refuse to permit use. . .").

Section 115.125. Cleans up president and vice president certification language. Requires original copy of notice to be delivered within 3 business days or Friday following the notice deadline (current law says 10 days) after receipt of notice by fax.

Section 115.127. Changes notification date of elections by political subdivisions and special districts from the 13th to the 15th Tuesday prior to the election.

Section 115.129. Removes (permissive) language regarding what a notice of election by mail may state.

Section 115.132. Repeals entire section--related provisions are enacted in sections 115.275, 115.277, 115.279 & 115.283. These provisions address the issue of what happens when a voter moves into or out of the state both before and after the registration deadline.

Section 115.139. Removes reference to section 115.132, which is repealed.

Section 115.151. Specifies when applicants to vote are deemed registered. Applicants to register by mail are deemed registered on the postmark date. Applicants to register at a voter registration agency or the division of motor vehicles are deemed registered on the date the application is signed.

Section 115.155. Adds provisions relating to the three different methods of registering: (1) by appearing before the election authority (signed attestation witnessed by election authority or deputy); (2) by mail (signed attestation); or (3) at the drivers license/motor vehicles division (signed application, verification notice mailed to applicant). The Secretary of State shall prescribe specifications for voter registration so that they are uniform throughout the state and so that they comply with the National Voter Registration Act of 1993 (Motor Voter). Removes color-coded cards for registration applications.

Section 115.160. Removes provision requiring election authorities to register eligible applicants by the motor vehicles process if the application is received not later than 28 days prior to the election.

Section 115.163. Changes deadline to send out voter ID cards from "before May 31st" to 90 days prior to the primary election (early May).

Section 115.165. Removes current provisions regarding change of address and replaces it with new provisions. The old certificate of notification of change of address to a previous election authority is removed. Instead, the election authority shall provide notice and "identifying information" to the election authority where the voter was previously registered. An election authority who is satisfied that a voter has registered in another jurisdiction may remove that voter from the voter registration list.

Section 115.193. Establishes an "inactive voter" status for voters failing to respond to notice initiated pursuant to election canvassing. Inactive voters may be excluded from calculations determining the number of ballots to be printed, and associated costs.

Section 115.247. Adds provisions involving inactive voters. Sectional references are updated.

Sections 115.275, 115.277, 115.279 & 115.283. These sections replace section 115.132, by addressing what happens when a person moves into, out of, or within the state. There are separate definitions for "new resident", "interstate former resident" and "intrastate new resident". Basically, this act changes the law by requiring those moving into or out of the state to be registered in order to vote for president and vice president, which currently is not required. Interstate former residents (those who have moved out of the state who are registered in Missouri) may vote for president and vice president. Intrastate new residents may vote for president, vice president, U.S. Senator and Representative, statewide elected officials and questions after registering, which can be done up to 7 p.m. on election day for the purpose of absentee voting. Under current law, every citizen of the U.S. who is a new resident may vote for president and vice president, regardless of whether they are registered to vote.

Section 115.317. Adds new requirement for retaining established party status. An established state-wide party loses established status if it fails to have a statewide candidate or if it fails to receive more than 2% of the entire vote cast for a candidate for any statewide office. An established district or county party loses established status if it fails to have a candidate in the district or county or fails to receive more than 2% of the vote.

Section 115.387. Changes the date in which the Secretary of State transmits a certified list of candidates from the 8th to 10th Tuesday before the primary.

Section 115.389. Puts in published notice the names and addresses of committeemen and committeewomen who do not appear on the ballot.

Section 115.453. Prohibits persons who fail to be nominated in the primary election from running as a write-in for the same office in the general election. For U.S. President, a declaration of intent as a write-in candidate must include the candidate for Vice President.

Section 115.479. Removes the requirement that automatic tabulating equipment must be tested immediately after counting votes.

Section 115.495. Removes old presidential preference language, which Missouri no longer has.

Section 115.507. Changes deadline from the 3rd to the 2nd Thursday after each election for the election authority to mail/deliver an abstract of votes to the Secretary of State.

Section 115.511. The convening of the board of state canvassers (after a general election) is changed from the 4th to the 2nd Tuesday in December.

Section 115.600-601. With regard to errors in elections, the Secretary of State presently may petition a circuit court only for a recount. This act would allow a petition for new election. Recount is defined in the SCS as one additional counting of all votes counted for the office or question.

Section 115.619. Removes language which will make the statute consistent with provisions passed last year regarding committeemen and committeewomen who are not elected.

Section 115.621. Changes the date in which members of senatorial district committees meet from the 3rd Saturday to the Saturday after the 3rd Tuesday after the August primary and November general elections.

Section 115.631 & 115.635. Knowingly assisting a person who does not need assistance, or coercing, requesting or suggesting to someone who does need assistance voting is changed from a class 3 election offense (misdemeanor) to a class 1 election offense (felony).

Section 116.260. This section is modified to require the publishing of statewide ballot measure texts in 2 newspapers of different political affiliations, if possible, and changes the date of last publication from not less than 5 days before the election to between 30 and 15 days before the election.

Section 247.180. Removes the June election date for public water supply district elections, leaving the April date. The substitute requires such elections to be conducted by the appropriate election authority pursuant to Chapter 115, RSMo (current law says "may").
MARGARET J. TOALSON