CCS/HS/HCS/SS#2/SCS/SB 96 - This act makes various modifications to provisions of law relating to voting procedures. COMMUNITY IMPROVEMENT DISTRICTS
Current law requires the governing body of a municipality to adopt an ordinance to establish a proposed community improvement district. This act requires such ordinance to be approved by a two-thirds majority vote if the proposed district utilizes a sales tax as a proposed funding mechanism. (Sections 67.1421)
The act also requires all decisions made by such board to be by majority vote. Furthermore, all property owned by a non-profit shall be exempt from any property tax or special assessment levied by such a district. (Section 67.1521)
CANDIDATE FILING DEADLINES - LOCAL OFFICES
Under current law, the period for filing a declaration of candidacy in certain political subdivisions and special districts is from 8:00 a.m. on the 17th Tuesday prior to the election until 5:00 p.m. on the 14th Tuesday prior to the election. This act changes that period to 8:00 a.m. on the 16th Tuesday prior to the election until 5:00 p.m. on the 13th Tuesday prior to the election, unless the 13th Tuesday prior to an election falls on a state or federal holiday, then the closing of filing shall be at 5:00 p.m. on the next day that is not a state or federal holiday. (Section 115.127)
This provision is identical to a provision in SCS/SB 346 (2023).
PUBLIC AVAILABILITY OF ABSENTEE BALLOT APPLICATION INFORMATION
Pursuant to current law, upon request by a candidate, duly authorized representative of a campaign committee, or a political party committee, the Secretary of State is required to furnish, for a fee, media in electronic or written form, that shows the names, addresses, and voter identification numbers of voters within the jurisdiction who applied for an absentee ballot for any specific election. This act requires the voter's political party affiliation to be included in such information.
ABSENTEE BALLOT APPLICATIONS
The act prohibits list of absentee ballot applications from being posted or displayed in any area open to the general public. Such lists shall furthermore not be considered a public record pursuant to the Sunshine Law. (Section 115.284)
This provision is similar to a provision in SCS/SB 346 (2023).
ELECTION OFFENSES
The act creates the following new class one election offenses, which are considered misdemeanors connected with the right of suffrage and are punishable by imprisonment of not more than 1 year, by fine of not more than $2,000, or both:
· Threatening to harm or engaging in conduct reasonably calculated to harass or alarm, including stalking, an election judge, challenger, watcher, or employee or volunteer of an election authority, or a member of such person's family;
· Attempting to induce, influence, deceive, or pressure an election official or member of an election official's family to violate any Missouri election law;
· Disseminating, through any means, including by posting on the internet, the home address, home telephone number, mobile telephone number, personal email address, social security number, federal tax identification number, checking account number, savings account number, credit card number, marital status, or identity of a child under eighteen years of age, of an election judge, challenger, watcher, or employee or volunteer of an election authority, or a member of such person's family.
(Section 115.635)
PRESIDENTIAL PREFERENCE PRIMARY ELECTION
This act establishes a presidential preference primary election to be held on the first Tuesday after the first Monday in March of each year in which a presidential election is held. Voters are only entitled to vote in the presidential preference primary election of the political party with which the voter is affiliated, as evidenced by the voter's voter registration. A voter may change or declare his or her political party affiliation at any time prior to voting, including on the day of the election at the polling place. (Sections 115.168 and 115.755 through 115.785)
This provision is substantially similar to SB 602 (2023) and HB 267 (2023).
TAXATION BALLOT MEASURES
This act requires any ballot measure seeking to add, change, or modify a tax on real property to express the effect of the proposed change within the ballot language in terms of the change in dollars owed per $100,000 of a property's market valuation. (Section 137.067)
This provision is identical to a provision in HCS/SS#3/SCS/SB 131 (2023).
This act requires that if the voters in a political subdivision approve an increase to the tax rate ceiling prior to the expiration of a previously approved temporary levy increase, the new tax rate ceiling shall remain in effect only until such time as the temporary levy increase expires under the terms originally approved by a vote of the people, at which time the tax rate ceiling shall be decreased by the amount of the temporary levy increase.
If, prior to the expiration of a temporary levy increase, voters are asked to approve an additional permanent levy increase, voters shall be submitted ballot language that clearly indicates that if the permanent levy increase is approved, the temporary levy shall be made permanent. (Section 137.073)
SCHOOL BOARD VACANCIES
Under current law, certain vacancies that occurs on the school board for an urban school district shall be filled by special election. Under this act, the urban district school board shall fill any such vacancy by appointment until the next school board election when a successor shall be elected for the remainder of the term. (Sections 162.471, 162.492)
These provisions are identical to a provision in the perfected SS/SCS/SBs 411 & 230 (2023).
TRANSPORTATION DEVELOPMENT DISTRICTS
Current law requires a transportation development district (TDD) to submit a proposed project to the Missouri Highways and Transportation Commission, or to the local transportation authority, as applicable, for approval prior to the construction or funding of any project. This act requires the Missouri Highways and Transportation Commission, or the local transportation authority, as applicable, to approve such projects with a two-thirds majority vote if the proposed project utilizes a sales tax as a proposed funding mechanism. (Section 238.225)
The act also requires all decisions made by such board to be by majority vote. Furthermore, all property owned by a non-profit shall be exempt from any property tax or special assessment levied by such a district. (Section 238.230)
SCOTT SVAGERA