SB 476 - Introduced Bill Text

FIRST REGULAR SESSION

SENATE BILL NO. 476

91ST GENERAL ASSEMBLY

INTRODUCED BY SENATORS YECKEL, KINDER, BENTLEY, SINGLETON, SCOTT, RUSSELL,

SIMS, CAUTHORN, GROSS, DePASCO, CHILDERS, FOSTER, KENNEY, LOUDON,

STEELMAN, WESTFALL, GOODE, STOLL, KLARICH, BLAND AND CARTER.

Read 1st time February 13, 2001, and 1,000 copies ordered printed.

TERRY L. SPIELER, Secretary.

1893S.01I

AN ACT

To repeal sections 28.160, 115.013, 115.027, 115.081, 115.083, 115.087, 115.089, 115.097, 115.162, 115.225, 115.233, 115.237, 115.277, 115.283, 115.291, 115.417, 115.419, 115.429, 115.433, 115.439, 115.453, 115.493 and 115.637, RSMo 2000, relating to elections, and to enact in lieu thereof thirty-four new sections relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Sections 28.160, 115.013, 115.027, 115.081, 115.083, 115.087, 115.089, 115.097, 115.162, 115.225, 115.233, 115.237, 115.277, 115.283, 115.291, 115.417, 115.419, 115.429, 115.433, 115.439, 115.453, 115.493 and 115.637, RSMo 2000, are repealed and thirty-four new sections enacted in lieu thereof, to be known as sections 28.160, 71.005, 115.013, 115.027, 115.062, 115.074, 115.081, 115.087, 115.089, 115.097, 115.100, 115.102, 115.126, 115.162, 115.225, 115.233, 115.237, 115.277, 115.283, 115.291, 115.417, 115.419, 115.420, 115.429, 115.433, 115.439, 115.450, 115.453, 115.493, 115.637, 115.645, 115.648, 115.801 and 115.825, to read as follows:

28.160. 1. The state shall be entitled to fees for services to be rendered by the secretary of state as follows:

For issuing commission to notary public $15.00

For countersigning and sealing certificates of

official character 10.00

For all other certificates 5.00

For copying archive and state library records,

papers or documents, for each page 8 1/2 x 14

inches and smaller, not more than .10

For duplicating microfilm, for each roll 15.00

For copying all other records, papers or documents,

for each page 8 1/2 x 14 inches and

smaller, not more than[.] .10

For certifying copies of records and papers or

documents 5.00

For causing service of process to be made 10.00

For electronic telephone transmittal, per page 2.00

2. There is hereby established the "Secretary of State's Technology Trust Fund Account" which shall be administered by the state treasurer. All yield, interest, income, increment, or gain received from time deposit of moneys in the state treasury to the credit of the secretary of state's technology trust fund account shall be credited by the state treasurer to the account. The provisions of section 33.080, RSMo, to the contrary notwithstanding, moneys in the fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of a biennium exceeds five million dollars. In any such biennium the amount in the fund in excess of five million dollars shall be transferred to general revenue.

3. The secretary of state may collect an additional fee of ten dollars for the issuance of new and renewal notary commissions which shall be deposited in the state treasury and credited to the secretary of state's technology trust fund account.

4. The secretary of state may ask the general assembly to appropriate funds from the technology trust fund for the purposes of establishing, procuring, developing, modernizing and maintaining:

(1) An electronic data processing system and programs capable of maintaining a centralized database of all registered voters in the state;

(2) Library services offered to the citizens of this state;

(3) Administrative rules services, equipment and functions;

(4) Services, equipment and functions relating to securities;

(5) Services, equipment and functions relating to corporations and business organizations;

(6) Services, equipment and functions relating to the Uniform Commercial Code;

(7) Services, equipment and functions relating to archives; [and]

(8) Services, equipment and functions relating to record services; and

(9) Services, equipment and functions relating to elections.

71.005. No person shall be a candidate for municipal office unless such person complies with the provisions of section 115.346, RSMo, regarding payment of municipal taxes or user fees.

115.013. As used in this chapter, unless the context clearly implies otherwise, the following terms mean:

(1) "Automatic tabulating equipment", the apparatus necessary to examine and automatically count votes, and the data processing machines which are used for counting votes and tabulating results;

(2) "Ballot", the ballot card [or], paper ballot or ballot designed for use with an electronic voting system on which each voter may cast all votes to which he or she is entitled at an election;

(3) "Ballot card", a ballot which is voted by making a punch or sensor mark which can be tabulated by automatic tabulating equipment;

(4) "Ballot label", the card, paper, booklet, page or other material containing the names of all offices and candidates and statements of all questions to be voted on;

(5) "Counting location", a location selected by the election authority for the automatic processing or counting, or both, of ballots;

(6) "County", any one of the several counties of this state or the city of St. Louis;

(7) "Disqualified", a determination made by a court of competent jurisdiction, the Missouri ethics commission, an election authority or any other body authorized by law to make such a determination that a candidate is ineligible to hold office or not entitled to be voted on for office;

(8) "District", an area within the state or within a political subdivision of the state from which a person is elected to represent the area on a policy-making body with representatives of other areas in the state or political subdivision;

(9) "Electronic voting system", a system of casting votes by use of marking devices, and counting votes by use of automatic tabulating or data processing equipment, and includes computerized voting systems;

(10) "Established political party" for the state, a political party which, at either of the last two general elections, polled for its candidate for any statewide office, more than two percent of the entire vote cast for the office. "Established political party" for any district or political subdivision shall mean a political party which polled 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;

(11) "Federal office", the office of presidential elector, United States senator, or representative in Congress;

(12) "Independent", a candidate who is not a candidate of any political party and who is running for an office for which party candidates may run;

(13) "Major political party", the political party whose candidates received the highest or second highest number of votes at the last general election;

(14) "Marking device", either an apparatus in which ballots are inserted and voted by use of a punch apparatus, or any approved device for marking paper ballots with ink or other substance which will enable the votes to be counted by automatic tabulating equipment;

(15) "New party", any political group which has filed a valid petition and is entitled to place its list of candidates on the ballot at the next general or special election;

(16) "Nonpartisan", a candidate who is not a candidate of any political party and who is running for an office for which party candidates may not run;

(17) "Political party", any established political party and any new party;

(18) "Political subdivision", a county, city, town, village, or township of a township organization county;

(19) "Polling place", the voting place designated for all voters residing in one or more precincts for any election;

(20) "Precincts", the geographical areas into which the election authority divides its jurisdiction for the purpose of conducting elections;

(21) "Public office", any office established by constitution, statute or charter and any employment under the United States, the state of Missouri, or any political subdivision or special district, but does not include any office in the reserve forces or the national guard or the office of notary public;

(22) "Question", any measure on the ballot which can be voted "YES" or "NO";

(23) "Relative within the second degree by consanguinity or affinity", a spouse, each grandparent, parent, brother, sister, niece, nephew, aunt, uncle, child and grandchild of a person;

(24) "Special district", any school district, water district, fire protection district, hospital district, health center, nursing district, or other districts with taxing authority, or other district formed pursuant to the laws of Missouri to provide limited, specific services;

(25) "Special election", elections called by any school district, water district, fire protection district, or other district formed pursuant to the laws of Missouri to provide limited, specific services; and

(26) "Voting district", the one or more precincts within which all voters vote at a single polling place for any election.

115.027. 1. Each board of election commissioners shall be composed of four members, appointed by the governor from the names submitted by each major political party, with the advice and consent of the senate. The state committee of each major political party shall submit a list of no more than four names to the governor. The state committee of such party may defer to the local county committee in selecting names to submit to the governor. Two commissioners on each board shall be members of one major political party, and two commissioners on each board shall be members of the other major political party. In no case shall more than two commissioners on a board be members of the same political party. When appointing commissioners, the governor shall designate one commissioner on each board to be chairman of the board and one commissioner on each board to be secretary of the board. The chairman and secretary of a board shall not be members of the same political party.

2. In jurisdictions with boards of election commissioners as the election authority, the governor may appoint to such board one representative from each established political party. Such representative shall not be a member of the board for purposes of subsection 1 of this section. The state chairperson of each established political party shall submit a list of no more than four names from which the governor shall select the representative from that party. Such representative shall not have voting status, and may not be compensated, but shall be allowed to participate in discussions and be informed of any meeting of such board.

115.062. The state of Missouri shall, as soon as practicable, pay its current obligations to election authorities pursuant to the proportional cost provisions of sections 115.065 and 115.157, for transactions submitted on or after August 28, 2001.

115.074. 1. Subject to appropriation from general revenue funds, the secretary of state shall administer a grant program in an amount not less than five million dollars annually for the purposes of providing funds to election authorities to upgrade or improve the voting process or equipment. Such funding shall be in the form of matching grants. The secretary of state may promulgate rules to effectuate the provisions of this section.

2. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.

115.081. 1. Each election authority shall appoint at least four election judges for each polling place within its jurisdiction. If the expected voter turnout at a polling place indicates that four judges may be insufficient, the election authority may appoint an even number of additional judges for the polling place. [One-half] At least two of the judges at each polling place shall be members of one major political party, and [one-half] at least two of the judges at each polling place shall be members of the other major political party; provided that the number of election judges appointed from each major political party shall be equal.

2. The election authority shall designate two of the judges appointed for each polling place, one from each major political party, as supervisory judges. Supervisory judges shall be responsible for the return of election supplies from the polling place to the election authority and shall have any additional duties prescribed by the election authority.

3. Election judges may be employed to serve for the first half or last half of any election day. Such judges shall be paid one-half the regular rate of pay. If part-time judges are employed, the election authority shall employ such judges and shall see that a sufficient number for each period are present at all times so as to have the proper total number of judges present at each polling place throughout each election day. The election authority shall require that at each polling place at least one election judge from each political party serve a full day and that at all times during the day there be an equal number of election judges from each political party.

4. An election authority may appoint additional election judges representing other established political parties and additional election judges who do not claim a political affiliation. Any question which requires a decision by the majority of judges shall only be made by the judges from the major political parties.

[115.083. Any election authority may appoint an even number of additional judges for use as needed on election day. One-half of such judges shall be members of one major political party, and one-half of such judges shall be members of the other major political party.]

115.087. 1. In each county which does not have a board of election commissioners, the election judges shall be selected from lists provided by the county committee of each major political party. Not later than December tenth in each year in which county committeemen are elected, the county committee of each major political party shall submit to the county clerk a list of persons qualified to serve as election judges in double the number required to hold a general election in the county. Not later than February tenth in each year immediately following the year in which county committeemen are elected, each county clerk shall select and appoint the number of judges required to hold a general election in his county, taking one-half of the judges from each of the lists. If a county committee fails to present the prescribed number of names of qualified persons by the time prescribed, the county clerk may select and appoint the number of judges provided by law for the county committee's party. If the county clerk deems any person on a list to be unqualified, he may request the county committee which submitted the list to furnish another name. The election judges shall be appointed for a term ending on February tenth in the year immediately following the year in which county committeemen are next elected and until their successors are appointed and qualified.

2. The state chairperson of each established political party may, in jurisdictions where the county clerk is the election authority, submit a list of persons qualified to serve as election judges to the county clerk. The county clerk may select and appoint additional judges from such list pursuant to section 115.081.

3. County clerks may compile a list of persons who claim no political affiliation and who volunteer to be election judges. A county clerk may select and appoint additional judges from such list pursuant to section 115.081.

115.089. Each board of election commissioners shall have authority to appoint election judges for individual elections, or for a term coincident with the term of the board and until the judges' successors are appointed and qualified. The board may ask the county committee of each major political party and the state chairperson of any established party to submit a list of persons qualified to serve as election judges and may select and appoint judges from the lists. The board may compile a list of persons who claim no political affiliation and who volunteer to be election judges and may select and appoint judges from the list.

115.097. No election judge shall be absent from the polls for more than one hour during the hours the polls are open on election day. No election judge shall be absent from the polls before 9:00 a.m. or after 5:00 p.m. on election day. No more than one judge from the same major political party shall be absent from the polls at the same time on election day.

115.100. 1. An employer shall not terminate, discipline, threaten or take adverse actions against an employee based on the employee's service as an election judge.

2. An employee who is appointed to serve as an election judge may, on election day, be absent from his or her employment for the period of time that the election authority requires the employee to serve as election judge. Employees must notify employers at least seven days prior to an election that they will be absent from work on election day due to service as an election judge.

3. An employee discharged in violation of this section may bring a civil action against the employer within ninety days of discharge for recovery of lost wages and other damages caused by the violation and for an order directing reinstatement of the employee. If the employee prevails, the employee shall be entitled to receive reasonable attorney's fees and costs.

115.102. 1. Subject to appropriation from general revenue funds, the secretary of state shall administer a grant program for the purpose of increasing the compensation of election judges. Such funding shall be in the form of matching grants, and shall be made available to election authorities contingent upon the election authority increasing the compensation of election judges to an amount not less than seven dollars per hour. The secretary of state may promulgate rules to effectuate the provisions of this section.

115.126. 1. Notwithstanding any provision of this chapter to the contrary, election authorities shall establish an advance voting period when eligible registered voters may vote before any general and primary election in even-numbered years at the office of the election authority or another polling place designated by and under the control of the election authority. The permissible advance voting period shall begin fourteen days prior to such election and end at 5:00 p.m. on the Friday before the day of such election.

2. Election authorities shall, pursuant to subsection 1 of this section, establish the hours, dates and locations for advance voting and shall post this information at the election authority's office and in such other locations as the election authority may select. Election authorities may conduct advance voting in lieu of absentee voting conducted pursuant to subdivision (1) of subsection 1 of section 115.277.

3. Except as provided in this section, advance voting procedures shall be conducted pursuant to sections 115.407 to 115.445.

4. Before the precinct registers are delivered to the polling places for an election, the election authority shall record in the precinct registers the names of all voters who have submitted an advance voting ballot. The election judge shall not allow any person who has voted an advance voting ballot in the election to vote at the polls on election day. If it is determined that any voter submitted an advance voting ballot and voted at the polls on election day:

(1) That the person, having voted more than once, is guilty of a class one election offense pursuant to subdivision (2) of section 115.631;

(2) The election authority shall certify that fact and the name of the voter to the verification board. Such certificate shall be included with the abstracts drawn by the verification board.

115.162. 1. A voter registration application shall be provided by the secretary of state in all offices of the state that provide public assistance, all offices that provide state-funded programs primarily engaged in providing services to persons with disabilities, and other offices as directed by the governor. In addition all armed forces recruitment offices shall be considered a voter registration agency.

2. At each voter registration agency, the following services shall be made available:

(1) Assistance to applicants in completing voter registration application forms, unless the applicant refuses such assistance;

(2) Acceptance of completed voter registration application forms for transmittal to the election authority located in the same county or any city not within a county, or if there is more than one election authority within the county, to the election authority nearest to the office of the agency. The election authority receiving the application forms shall review the applications and forward any applications pertaining to a different election authority to that election authority[. Forms shall be transmitted as soon as possible and according to dates established by the state election authority];

(3) Voter registration sites shall transmit voter registration application forms to the appropriate election authority within five business days of completion by the applicant;

(4) If a voter registration agency provides services to a person with a disability at the person's home, the agency shall provide the services provided in this section at the person's home.

3. An applicant declining to register in any agency shall be noted in a declination section incorporated into the voter registration form used by the agency. No information relating to a declination to register to vote in connection with an application made at a voter registration agency may be used for any purpose other than voter registration.

4. Subject to the approval of the secretary of state, the voter registration agency shall adopt rules and regulations pertaining to the format of a voter registration application to be used by that agency.

115.225. 1. Before use by election authorities in this state, the secretary of state shall approve the marking devices and the automatic tabulating equipment used in electronic voting systems and may promulgate rules and regulations to implement the intent of sections 115.225 to 115.235.

2. No electronic voting system shall be approved unless it:

(1) Permits voting in absolute secrecy;

(2) Permits each voter to vote for as many candidates for each office as he is lawfully entitled to vote for;

(3) Permits each voter to vote for or against as many questions as he is lawfully entitled to vote on, and no more;

(4) Provides facilities for each voter to cast as many write-in votes for each office as he is lawfully entitled to cast;

(5) Permits each voter at a general election to vote for all candidates of one party by one punch or mark or to vote a split ticket, as he desires;

(6) Permits each voter in a primary election to vote for the candidates of only one party announced by the voter in advance;

(7) Permits each voter at a presidential election to vote by use of a single punch or mark for the candidates of one party or group of petitioners for president, vice president and their presidential electors;

(8) Accurately counts all proper votes cast for each candidate and for and against each question;

(9) Is set to reject all votes, except write-in votes, for any office and on any question when the number of votes exceeds the number a voter is lawfully entitled to cast;

(10) Permits each voter, while voting, to clearly see the ballot label.

3. [No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.] The secretary of state shall promulgate rules and regulations to allow the use of a computerized voting system. The procedures shall provide for the use of a computerized voting system with:

(1) Multiple voting terminals for the input of vote selections on the ballot presented by a main computer;

(2) A main computer to coordinate ballot presentation, vote selection, ballot image storage, and result tabulation; and

(3) Ability to provide a paper audit trail.

Notwithstanding any provisions of this chapter to the contrary, such a system may allow for the storage of processed ballot materials in an electronic form on the main computer.

4. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.

115.233. 1. Within five days prior to an election at which an electronic voting system is to be used, the election authority shall have the automatic tabulating equipment tested to ascertain that the equipment is in compliance with the law and that it will correctly count the votes cast for all offices and on all questions. At least forty-eight hours prior to the test, notice of the time and place of the test shall be mailed to each independent and new party candidate and the chairman of the county committee of each established political party named on the ballot. 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 representatives of the political parties, candidates, the news media and the public. The test shall be conducted by processing a preaudited group of ballots. If any error is detected, the cause shall be ascertained and corrected, and an errorless count shall be made before the tabulating equipment is approved.

2. The secretary of state may promulgate rules and regulations that specify any additional testing procedures to effectuate the provisions of this section.

3. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.

115.237. 1. Each ballot printed or designed for use with an electronic voting system for any election under the provisions of sections 115.001 to 115.641 shall contain all questions and the names of all offices and candidates certified or filed pursuant to sections 115.001 to 115.641 and no other. As far as practicable, all questions and the names of all offices and candidates for which each voter is entitled to vote shall be printed on one page except for the ballot for political party committee persons in polling places not utilizing an electronic voting system which may be printed separately and in conformity with the requirements contained in this section. As far as practicable, ballots containing only questions and the names of nonpartisan offices and candidates shall be printed in accordance with the provisions of this section, except that the ballot information may be listed in vertical or horizontal rows. The names of candidates for each office shall be listed in the order in which they are filed.

2. Each ballot shall be plain paper, through which printing or writing cannot be read, or electronically designed for use with an electronic voting system, and shall have:

(1) Each party name printed in capital letters not less than eighteen point in size;

(2) A circle one-half inch in diameter immediately below each party name;

(3) The name of each office printed in capital letters not less than eight point in size;

(4) The name of each candidate printed in capital letters not less than ten point in size;

(5) A small square, the sides of which shall not be less than one-fourth inch in length, printed directly to the left of each candidate's name and on the same line as the candidate's name. When write-in votes are authorized and no candidate's name is to be printed under the name of an office in a party or nonpartisan column, under the name of the office in the column shall be printed a square. Directly to the right of the square shall be printed a horizontal line on which the voter may vote for a person whose name does not appear on the ballot. When more than one position is to be filled for an office, and the number of candidates' names under the office in a column is less than the number of positions to be filled, the number of squares and write-in lines printed in the column shall equal the difference between the number of candidates' names and the number of positions to be filled;

(6) The list of candidates of each party and all nonpartisan candidates placed in separate columns with a heavy vertical line between each list;

(7) A horizontal line extending across the ballot three-eighths of an inch below the last name or write-in line under each office in such a manner that the names of all candidates and all write-in lines for the same office appear between the same horizontal lines. If write-in votes are not authorized, the horizontal line shall extend across the ballot three-eighths of an inch below the name of the last candidate under each office;

(8) In a separate column or beneath a heavy horizontal line under all names and write-in lines, all questions;

(9) At least three-eighths of an inch below all other matter on the ballot, printed in ten point Gothic type, the words "Instructions to Voters" followed by directions to the voter on marking his ballot as provided in section 115.439;

(10) Printed at the top on the face of the ballot the words "Official Ballot" followed by the date of the election and the statement "Instruction to Voters: Place an X in the square opposite the name of the person for whom you wish to vote."

3. As nearly as practicable, each ballot shall be in substantially the following form:

OFFICIAL BALLOT DATE .....................

REPUBLICAN DEMOCRATIC THIRD PARTY INDEPENDENT

O O O O

For President For President For President For President

and and and and

Vice President Vice President Vice President Vice President