HCS/SB 552 - This act modifies provisions relating to elections. PRESERVATION OF RECORDS BY SECRETARY OF STATE
(Sections 2.020 and 2.110)
This act modifies the manner in which the Secretary of State must preserve laws passed by the General Assembly. Specifically, as soon as practicable after the laws passed at any session of the General Assembly are printed and delivered, the Secretary of State shall preserve and make available to the public for inspection the original rolls safely in his or her office.
The act additionally requires the Secretary of State to make available in print and online copies of the Missouri Constitution as soon as practicable after any amendments have been adopted.
These provisions are identical to provisions in the truly agreed to SCS/HCS/HB 1655 (2020) and HCS/SB 587 (2020) and substantially similar to SB 639 (2020), SCS/SB 304 (2019), and HB 408 (2019).
POLITICAL ACTIVITY OF STATE EMPLOYEES
(Section 36.155)
Under current law, any individual holding a position of state employment that is subject to the State Personnel Law is also subject to various restrictions on participating in political activities, including running for partisan political office. This act provides that any state employee that is not subject to the Merit System (Section 36.030) or the Uniform Classification and Pay System (Section 36.031) may run for the nomination, or as a candidate for election, to a partisan political office.
This provision is identical to a provision in the truly agreed to CCS/SCS/SB 631 (2020) and a provision in the truly agreed to SS#2/SCS/HCS/HB 1854 (2020) and is substantially similar to SB 321 (2019).
This provision contains an emergency clause.
INAUGURAL COMMITTEES
(Section 105.459)
The act requires any committee formed to receive contributions or make expenditures for inaugural activities on behalf of a person elected to serve in a statewide office to file a statement of organization with the Missouri Ethics Commission (MEC) within the 30 days after formation. The act sets out details that must be included in such report. Disclosure reports, containing information as required in the act, shall be filed with the MEC every 3 months during the duration of the committee's existence. The initial disclosure report must be filed within 30 days of the filing of the statement of organization. Complaints may be filed with the MEC alleging any failure to comply with these provisions. Knowing violations of these provisions may be punished as a Class B misdemeanor for initial violations and a Class E felony for second and subsequent violations.
This provision is identical to HCS/HB 1374 (2020).
LEGISLATIVE LOBBYISTS
(Section 105.470)
This act modifies the definition of "legislative lobbyist" for purposes of lobbying laws to exclude legislative liaisons. "Legislative liaison" is defined as any state employee hired to communicate with members of the general assembly on behalf of any elected official of the state; the judicial branch of state government; or any department, agency, board, or commission of the state, provided such entity is a part of the executive branch of state government. Any state employee employed as a legislative liaison who performs lobbying services for any other entity shall register as a lobbyist with respect to such lobbying services.
This provision is identical to the truly agreed to HB 1386 (2020) and SCS/HCS/HB 937 (2019) and substantially similar to a provision in HB 2117 (2020).
FILING OF FINANCIAL INTEREST STATEMENTS
(Section 105.485)
This act allows the name and employer of dependent children under twenty-one years of age of each person required to file a financial interest form under current law to be redacted and not made publicly available, upon the written request of such person.
This provision is identical to a provision in HCS/SB 587 (2020), the truly agreed to CCS/SCS/SB 631 (2020), and HB 1434 (2020).
ABSENTEE VOTING
(Section 115.277)
Under current law, a person may vote absentee for candidates and ballot issues in any election in which he or she is eligible to vote if such voter expects to be prevented from going to the polls for specified reasons. This act adds to the list of specified reasons avoiding the risk of contracting or transmitting severe acute respiratory syndrome coronavirus 2. This provision only applies in the case of an election that occurs during a state of emergency declared by the Governor during 2020.
This provision is similar to a provision in CCS/SCS/SB 631 (2020).
This provision contains an emergency clause.
CANDIDATES - TAX RECEIPTS
(Section 115.306)
Any person who files as a candidate for election to a public office that performs county functions in the City of St. Louis shall provide appropriate copies of paid tax receipts or no tax due statements for each tax that indicates the person has paid all taxes due and is not delinquent in any tax. If available, the election authority shall utilize online databases to verify the candidate's taxes instead of the paper copies provided by the candidate. The election authority shall review such documentation and the affirmation of tax payments required under this act. The election authority may additionally file a complaint with the department of revenue if there appears to be any delinquency.
This provision is identical to a provision in HCS/SB 587 (2020) and HCS/HB 1932 (2020).
CANDIDATE FILING FEES
(Section 115.357)
Under current law, candidates for certain offices are required to pay a filing fee to the respective committee of the political party whose nomination the candidate is seeking and such fee may be paid either directly to the treasurer of the committee or to the office that is responsible for accepting the candidate's declaration of candidacy. This act stipulates that candidates required to file the declaration of candidacy with the Secretary of State shall pay the fee directly to the respective political party committee.
This provision is identical to provisions in the truly agreed to CCS/SCS/SB 631 (2020), SB 818 (2020), the perfected HCS/HB 1600 (2020), and HCS/HB 269 (2019) and substantially similar to a provision in SB 221 (2019).
The act additionally increases the candidate filing fees as follows:
· For candidates for statewide offices, including United States Senate, from $200 to $500;
· For candidates for the United States House of Representatives, State Senate, or circuit judge from $100 to $300;
· For candidates for state representative, from $50 to $150; and
· For candidates for any county office, from $50 to $100.
This provision is identical to a provision in the truly agreed to CCS/SCS/SB 631 (2020) and HB 2597 (2020).
VOTER IDENTIFICATION
(Section 115.427)
Under current law, any person seeking to vote in a public election must provide a certain form of identification, provided that any person lacking such identification can vote without such a form of identification through the execution of a statement under the penalty of perjury averring, among other things, that the person is who they say they are. This act repeals the provision allowing persons to vote through execution of the statement under penalty of perjury. The act additionally creates new provisions governing the use of provisional ballots in the case of persons who do not possess the proper form of identification in order to vote.
The act repeals a provision requiring the Secretary of State to provide advance notice of the identification requirements for voting in elections as well as a provision requiring all costs associated with the implementation of the voter identification law to be reimbursed from the general revenue by an appropriation for that purpose.
These provisions are identical to provisions in the perfected HCS/HB 1600 (2020) and substantially similar to SB 818 (2020).
ELECTION OF POLITICAL PARTY STATE COMMITTEE MEMBERS
(Section 115.621)
Under current law, the members of each senatorial district political party committee are required to meet on the Saturday after each general election for the purpose of electing members to the state political party committee. In lieu of that requirement, this act permits the chair of the congressional district committee where the senatorial district is principally located to call for a meeting to be held concurrently with the election of senatorial officers.
This provision is identical to provisions in the truly agreed to CCS/SCS/SB 631 (2020), HCS/SB 587 (2020), and the truly agreed to SS#2/SCS/HCS/HB 1854 (2020) and substantially similar to SB 854 (2020) and HB 1853 (2020).
ELECTION OFFENSES
(Sections 115.631 and 115.637)
This provision repeals an existing law preventing a voter from allowing his or her ballot to be seen by another individual with the intent of showing how he or she voted. It also creates a class one election offense for coercing or forcing a voter to vote in a certain manner and to take a ballot picture in order to verify their vote.
This provision is identical to HB 2298 (2020), a provision in HCS/SB 587 (2020), and HCS/HB 656 (2019).
SECRETARY OF STATE SUBPOENA POWER
(Section 115.642)
The act additionally allows the Secretary of State to issue and enforce subpoenas when it is necessary to conduct an investigation of certain election offenses. These powers may only be exercised by the Secretary or an authorized representative of the Secretary at the written direction of the Secretary or his or her chief deputy. Failure to comply with a subpoena may be enforced through court order. These provisions expire August 28, 2025.
This provision is identical to a provision in the truly agreed to CCS/SCS/SB 631 (2020), SB 818 (2020) and the perfected HCS/HB 1600 (2020) and substantially similar to provisions in SB 221 (2019) and HCS/HB 269 (2019).
FILING FEE - PRESIDENTIAL PREFERENCE PRIMARY
(Section 115.761)
Current law provides that persons seeking to file for the presidential preference primary election shall pay a filing fee of $1,000. This act increases that filing fee to $5,000.
This provision is identical to a provision in the truly agreed to CCS/SCS/SB 631 (2020) and HB 2597 (2020).
INITIATIVE AND REFERENDUM PETITIONS
(Sections 116.030 to 116.334)
The act standardizes the use of signature sheets for purposes of initiative and referendum petitions by requiring the Secretary of State to prescribe forms for such sheets. Such sheets shall be made available in an electronic format and used for all initiative and referendum petitions. Furthermore, signatures in ink other than black or blue will not be counted.
This act requires that on each page of a proposed measure, the text of the measure shall be in 12-point Times New Roman font with one inch margins. Furthermore, no initiative petition shall declare any federal law or court decision to be void or in violation of the United States Constitution, amend any federal law or the United States Constitution, or accomplish an act that the United States Constitution requires to be accomplished by the General Assembly.
The act stipulates that sample initiative sheets shall be filed no earlier than 12 weeks following a general election.
The Secretary of State is required to collect a fee of $500 for each petition sample sheet filed with its office, with an additional $25 fee for each page that the measure exceeds ten pages. Fees shall be refunded if the measure is certified for the ballot.
Current law provides that the official summary statement of an initiative petition shall contain no more than 100 words and a measure proposed by the General Assembly shall contain no more than 50 words, excluding articles. This act provides that such statements shall contain no more than 150 words total. Furthermore, the act requires each sample ballot prepared by the Secretary of State to contain the words "Shall the measure summarized be approved?" with options to vote yes or no.
Current law requires the Attorney General and the Secretary of State to each review an initiative petition only as to form and approve or reject the petition based on compliance with the procedural requirements of the law. This act specifies that both the Attorney General and the Secretary of State shall review each petition for compliance with statute regulating initiative petitions as well as Article III, Sections 28, 49, 50, and 52(a) of the Missouri Constitution.
The act provides that in the event of a court-ordered change to the official ballot title, all signatures gathered prior to the change shall be invalidated.
The act creates the Secretary of State's Petition Publications Fund. The purpose of the Petition Publications Fund is to pay any refunds to persons submitting petitions that become certified and to also pay publication expenses incurred in submitting statewide ballot measures to the voters.
These provisions are identical to HB 1811 (2020) and provisions in HCS/SB 587 (2020) and substantially similar to SB 522 (2020), SCS/SB 5 (2019), HB 290 (2109),SS/SCS/SB 893 (2018), and HCS/HB 1289 (2018).
TRANSPORTATION DEVELOPMENT DISTRICT MAIL-IN ELECTIONS
(Section 238.216)
The circuit court is required to conduct transportation development district director elections in a manner similar to mail-in elections for any registered voters in a district. Registered voters will be sent a mail-in ballot with an affidavit by the court after it receives voter information from an election authority, which election authority must provide the voter information to the court no later than the fourth Tuesday before the date for the mailing of the ballots. The court may conduct such elections where landowners are also eligible to vote under current law without the use of a mandatory mail-in ballot. Election days are specified in the bill and voter eligibility is determined by either land ownership or registration to vote 45 days prior to an election. The court can provide additional sites for receipt of the mail-in ballots. If the measure passes, the election authority will provide notice to the court which has authority to authorize the formation of the transportation development district.
This provision is identical to HCS/HB 1259 (2020) and similar to HB 30 (2019).
SECRETARY OF STATE'S TECHNOLOGY TRUST FUND
(Sections 347.740 to 417.018)
Several provisions in current law allow the Secretary of State to collect an additional $5 fee on fees for filings relating to business organizations, commercial transactions, and trademarks, names, and private emblems to be credited to the state's technology trust fund. These provisions are set to sunset on December 31, 2021.
This act extends the sunset to December 31, 2026.
These provisions are identical to provisions in the truly agreed to CCS/SCS/SB 631 (2020), provisions in HCS/SB 587 (2020), and HB 1640 (2020) and similar to SB 146 (2019), HB 79 (2019), and HB 535 (2019).
This act contains a nonseverability clause.
The act furthermore has varying effective dates.
SCOTT SVAGERA
HA 1 - CREATES NEW PROVISIONS RELATED TO MAIL-IN BALLOTS AND REMOVES THE ABSENTEE BALLOT MODIFICATIONS.
HA 1 TO HA 1 - ELECTION AUTHORITIES SHALL NOT PROHIBIT THE EXERCISE OF THE RIGHT TO VOTE IN PERSON.
HA 2 - CREATES NEW PROVISIONS RELATED TO THE FILING OF FINANCIAL STATEMENTS BY POLITICAL SUBDIVISIONS.
HA 3 - MODIFIES THE MINIMUM AGE TO HOLD CERTAIN OFFICES, CERTAIN ELIGIBILITY REQUIREMENTS FOR APPOINTEES TO OFFICE, AND REPEALS A PROVISION REQUIRING THE ATTORNEY GENERAL TO RESIDE AT THE SEAT OF GOVERNMENT.