CCS/SS/SCS/HCS/HB 676 - This act modifies various provisions of Missouri's election law.

PRESIDENTIAL PREFERENCE PRIMARY - This act modifies various provisions relating to the presidential preference primary, enacted in 1998 in SB 709. It changes the presidential preference primary from the first Tuesday in April to the first Tuesday after the first Monday in March.

Challengers at a presidential primary may collect information about the ballot selected by a voter and disclose party affiliation information after the polls close. This provision allows reporting to the national political parties

A candidate is automatically withdrawn from any other office if the candidate is certified as the presidential or vice presidential candidate.

Separate paper ballots for presidential primary ballots may be used in any polling place that uses an electronic voting system, which is designed to reduce the total number of ballots necessary for the election.

Currently, the State pays only those costs which pertain directly to the presidential preference primary. This act provides that all costs of the presidential preference primary shall be paid by the State, except that the State, political subdivisions and special districts shall pay costs proportionately when holding an election on the same day in accordance with current law.

In any county with more than 500 polling places, the state shall assist in assuring adequate poll workers and equipment for the Presidential Primary election.

COMMITTEE MEETINGS - Currently, the county courthouse in a Second, Third, or Fourth Classification County is available for each Congressional, Legislative, Senatorial, Judicial and City committee meeting. This act adds First Classification County courthouses.

DEADLINE CHANGES - This act changes various election deadlines.

PETITION CIRCULATORS - In response to a recent U.S. Supreme Court case, Buckley v. American Constitutional Law, No. 97-930, 1999 WL 7723 (U.S.), a requirement that petition circulators be registered voters is removed. The Supreme Court held that requiring petition circulators to be registered voters violated First Amendment freedom of speech rights.

VOTER REGISTRATION APPLICATIONS - This act requires the last four digits of a voter's Social Security Number, and makes the statement of place of birth optional on voter registration applications.

ELECTRONIC INFORMATION - All election authorities must establish fees for registration information provided by electronic media or printout in accordance with the Open Records Law (Chapter 610, RSMo), and such fees shall be credited to Secretary of State's Technology Trust Fund. Voter history information must be provided to the Secretary of State's centralized voter registration system within six months of the election. Nothing requires voter information to be released over the Internet. Any rule promulgated pursuant to these provisions is subject to all of the provisions of Chapter 536, RSMo, and as provided in this act.

FALSELY CLAIMING TO BE AN INCUMBENT - This act repeals a provision making it illegal for non-incumbent candidates to lead voters to believe they are incumbents.

NOMINATING COMMITTEES - This act prohibits any nominating committee member from acting as chair in certification of such person's own selection as candidate.

WRITE-IN CANDIDATES - Local write-in candidates must file with the election authority and any candidate for state or federal office must file with the Secretary of State.

ABSENTEE VOTING - The absentee voting list in St. Louis County would be unavailable, except to authorized persons, until the Friday before the election, which is consistent with St. Louis City and Jackson County.

Any person providing assistance to an absentee voter must sign a statement that the person assisted the voter and the person must provide his or her name and address on the statement.

Mailing envelopes for ballots shall have business reply permits not requiring postage, which shall be paid by the Secretary of State through state appropriations.

Absentee ballot results must be reported when the verification board issues a statement of election results, except when such reporting would reveal how any single voter voted. This provision shall not require the tabulation of absentee ballots by precinct on election night. This provision is similar to SB 27 (1999).

BALLOT MEASURES - This act allows multiple ballot measures with identical or nearly identical ballot titles to be renamed upon consultation of the election authority with the officer or entity certifying the election. The election authority is required to notify such officer or entity of the identical or nearly identical ballot title.

REPORTS FILED WITH THE ETHICS COMMISSION - Effective with the 2000 primary and general elections, or the next primary or general election in which the Commission has certified that the electronic reporting system has been properly implemented, whichever is later, candidates and committees shall file either by paper or electronically, and continuing committees with contributions over $15,000 in the applicable calendar year shall file electronically.

Effective January 1, 2000, or on the date the Commission certifies that the electronic reporting system has been properly implemented, whichever is later, campaign finance reports of statewide candidates must be filed electronically, except when $5,000 or less is received or spent by the committee during a reporting period.

ELECTION COSTS - Counties shall be reimbursed for election costs. This may include costs associated with reimbursement of election authority employees, indirect election expenses, and up to 5% of the total cost of the election credited to the Election Services Fund. In addition, the State, subject to appropriations, shall compensate the Election Services Fund for transactions made pursuant to the electronic transactions of data regarding voters.

The State pays for any costs associated with the reprinting of any statewide ballot, if necessary due to circumstances beyond the control of the election authorities.

COUNTY COMMITTEEMEN & COMMITTEEWOMEN - Currently, in counties not requiring a filing fee for county committeeman or woman (all counties except St. Louis City, St. Louis County and Jackson County), when only one or no qualified candidate has filed as county committeeman or woman, such person is automatically certified for office as if elected. This act removes the automatic certification when only one qualified candidate has filed, thus ensuring that the candidate's name appears on the ballot. This act still provides that if no candidates file nothing shall appear on the ballot. Additionally, the State pays the cost of producing ballots when a county committeeman or women's name appears on the ballot, and the election authority pays for costs associated with public notice requirements.

HOSPITAL ELECTIONS - This act provides that an election would not be held to select hospital trustees, if there are no more candidates for hospital trustees than there are positions to fill. Such candidates shall assume their offices at the same time and manner as if elected. This provision is the same as SB 466 (1999).

MUNICIPAL CANDIDATES - This act prohibits persons from being certified as candidates for municipal office who are in arrears on their municipal taxes.

BALLOT MEASURES - This act allows, but does not require, the General Assembly to draft the summary statement and fiscal note summary for measures its submits to the voters. If the General Assembly does draft the summary statement or fiscal note summary, it shall meet the same standards as the summary statement or fiscal note summary prepared by the Secretary of State or Auditor, respectively, except that articles shall not be counted when counting the 50 words maximum for the summary statement or fiscal note summary.

When the General Assembly does not prepare the summary statement or the fiscal note summary, the summary statement or fiscal note summary shall be prepared by the Secretary of State or the Auditor as provided by law.

The act also makes the President Pro Tem, the Speaker, the sponsor of the bill and the Secretary of State the defendants if there is a challenge to the summary statement or fiscal note summary. A court action to challenge the summary statement or fiscal note summary prepared by the General Assembly must be filed no later than 10 days after the Secretary of State certifies the Official Ballot Title.

This act also modifies various provisions of initiative and referendum petitions, similar to SB 473 and part of SS/SB 455. This act:

(1) Requires petition circulators to register with the Secretary of State no later than the last day to turn in petition signatures;

(2) Authorizes the Secretary of State to establish a process for the random sampling of signatures, when verifying signatures;

(3) Provides that signatures crossed out and signatures acquired by a non-registered petition circulator are invalid;

(4) Places ballot measures on the ballot in the order approved by the General Assembly;

(5) Changes the deadline for submitting full verification of signatures from the election authority to the Secretary of State (last Tuesday in July instead of early to mid-August);

(6) Changes penalty provisions for false signatures from a Class A misdemeanor to a Class A misdemeanor with an enhanced fine of up to $10,000;

(7) Establishes a schedule for sending petition signatures to the election authority for verification; and

(8) Establishes a deadline for the Secretary of State to issue a certificate of petition, to allow possible litigation to proceed earlier.

These provisions of the act have an emergency clause, and are similar to SS/SB 455 and SCS/HB 780 (1999).

STATE COMMITTEES - A member of a state committee of a political party is removed from office upon certification to the Secretary of State that two-thirds of the members of the state committee voted to remove the member.

This contains provisions similar to HCS/SCS/SB 346, SS/SB 455, SCS/HB 780, CCS#2/HCS/SCS/SBS 31 & 285, SB 412 and SB 466 (1999).
MARGARET TOALSON