Fiscal Note - SB 0374 - Revises Election Laws
L.R. NO. 1459-03
BILL NO. SCS for SB 374
SUBJECT: Elections: Secretary of State
TYPE: Original
DATE: April 11, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government $0 or Unknown $0 or Unknown $0 or Unknown
to (Unknown) to (Unknown) to (Unknown)
FISCAL ANALYSIS
ASSUMPTION
Officials of the Office of the Secretary of State (SOS) stated there would be
no fiscal impact to their office, however, local election authorities would
experience a substantial savings in printing and postage due to the provision
for an "inactive" status for voter registration.
Officials of the Department of Revenue (DOR) and the Office of Attorney
General (AGO) assume no fiscal impact.
Officials from the Board of Election Commission of Kansas City, Cole County
Clerk, and the Cass County Clerk assume no fiscal impact.
Officials of the St. Louis County - Board of Election Commissioners and the
Boone County Clerk's Office assume there could be costs savings on
pre-election mailings. The Boone County Clerk estimates that in 1998 the
potential would exist for savings as much as $25,000.
Officials of the St. Louis County Board of Election Commissioners stated due
to the size of their election area they could have significant costs savings
from canvas mailings. Officials could not estimate the amounts of savings.
Oversight assumes that section 115.600 would grant new authority to election
authorities to request the circuit court to order a new election if the
evidence provided was sufficient to cast doubt on the outcome of the
election. Currently the election authority could only request a recount.
Oversight assumes there would be the cost of a new election if one were
ordered. The cost is indeterminable, and when one would be ordered is
unknown. Cost to election authorities will be shown as $0 to (Unknown).
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
Savings to Certain Counties
From pre-election mailings,
and printing Unknown Unknown Unknown
Cost to Certain Counties $0* $0* $0*
to to to
(Unknown) (Unknown) (Unknown)
ESTIMATED NET EFFECT TO
CERTAIN COUNTIES $0 or $0 or $0 or
Unknown to Unknown to Unknown to
(Unknown) (Unknown) (Unknown)
*Cost would not occur unless a new election was court ordered.
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses is expected as a result of this
proposal.
DESCRIPTION
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 would 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 115.115. 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 115.177. 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 requires 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.
Section 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 would 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 member 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").
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Department of Revenue
Secretary of State
Board of Election Commission-St. Louis County
Cole County Clerk
Cass County Clerk
Board of Election Commission-Kansas City
Boone County Clerk
This Fiscal Note is not an official copy and should not be quoted or cited.