SB 633 - This act modifies various provisions relating to elections. This act is substantially similar to certain provisions in the truly agreed to and finally passed SS/SCS/HB 1878 (2022), SCS/SB 654 (2022), SB 668 (2022), SB 670 (2022), SB 679 (2022), SB 695 (2022), SB 738 (2022), SB 780 (2022), SB 861 (2022), SB 1065 (2022), HB 1454 (2022), HB 1483 (2022), HB 1646 (2022), the perfected HB 1859 (2022), HB 1911 (2022), HB 1976 (2022), HB 2113 (2022), the perfected HCS/HB 2140 (2022), HB 2531 (2022),HB 2577 (2022), HB 2630 (2022), and HS/HCS/HB 738 (2021).AUTOMATIC TABULATING EQUIPMENT
(Section 115.013)
Current law defines automatic tabulating equipment as the apparatus necessary to examine and automatically count votes, including any data processing machines used for counting votes and tabulating results. This act requires such equipment to additionally be air gapped and not connected to a network.
HAND-MARKED PAPER BALLOTS
(Sections 115.225 and 115.237)
All electronic voting machines are required to produce a paper ballot that must be hand-marked by the voter in order to be approved by the Secretary of State. Additionally, beginning January 1, 2023, the official ballot is the paper ballot that is hand-marked by the voter.
ABSENTEE VOTING
(Sections 115.257 to 115.291)
Processing Ballots
(Section 115.257)
Election authorities are required to cause voting machines, if used, to be put in order, set, adjusted, tested, and made ready for voting within one business day of the printing of absentee ballots for the purpose of processing any absentee ballot cast in person by a voter.
DEFINITION OF ABSENTEE BALLOT
(Section 115.275(1))
An absentee ballot is defined to include any ballot cast in the office of the election authority or other authorized location designated as a polling place by the election authority.
UNIFORMED SERVICES VOTERS - SPACE FORCE
Any individual who is qualified to vote and is a member of the active or reserve components of the Space Force who is on active duty may cast an absentee ballot or a military overseas ballot.
(Section 115.275(7) and Section 115.902) Furthermore, any resident of the state who is on active duty with the Space Force, including members of his or her immediate family living with them, may request an absentee ballot for both the primary and subsequent general election with one application. (Section 115.279.5(1))
NO-EXCUSE IN-PERSON ABSENTEE VOTING
(Sections 115.276 and 115.277.1(1))
Under current law, any person seeking to cast an absentee ballot must provide an excuse. This act provides that any person may cast an absentee ballot in person at a place determined by the election authority without stating a reason, beginning on the sixth Tuesday prior to an election.
Beginning on the sixth Tuesday prior to the election, the election authority shall conduct absentee voting in person at the office of the election authority. Beginning on the third Tuesday prior to the election the election authority shall conduct absentee voting in person at the office of the election authority and at no more than one additional site in the jurisdiction of the election authority.
VOTING ABSENTEE NOT IN-PERSON DUE TO INCAPACITY OR CONFINEMENT (Section 115.277.1(2)(a)b.)
For persons voting absentee not in person, if the reason for such person voting absentee is due to incapacity or confinement due to illness or physical disability, such person must expect to have such incapacity or confinement on election day. Furthermore, if the reason for voting absentee is due to being primarily responsible for the physical care of a person who is incapacitated or confined due to illness or disability, the person voting must live at the same address as the person that is being cared for.
ABSENTEE BALLOTS - WHEN DEEMED CAST
(Section 115.286)
Absentee ballots that are received by an election authority in person are deemed cast when received prior to election day and absentee ballots that are received through a common carrier or at an authorized drop box are deemed cast when received prior to the closing of polls.
WITNESS AND RETURN OF MASS ABSENTEE BALLOTS
(Section 115.287)
Under current law, in charter counties and the cities of St. Louis and Kansas City, if the election authority receives ten or more applications for absentee ballots from the same address it may appoint a team to deliver and witness the voting and return of absentee ballots by voters residing at that address. This act expands this provision to all election authorities and furthermore requires, rather than permits, a team to be appointed to deliver and witness the voting and return of the ballots.
MAIL-IN VOTING
(Section 115.302)
Provisions that expired in 2020 allowing for mail-in voting and absentee voting for certain classes of people impacted by COVID-19 are repealed.
VOTER IDENTIFICATION
(Section 115.427)
Provisions are modified governing forms of identification required to vote.
Under current law, any person seeking to vote in a public election must provide a form of personal identification that shows a photograph, provided that any person lacking such identification can vote without such a form of identification by executing a statement under the penalty of perjury averring, among other things, that the person is who they say they are and subsequently providing a form of identification that does not show a photograph of the individual.
This act repeals the provisions allowing persons to vote by executing a statement and providing a non-photo form of identification. The act also repeals provisions related to the execution of provisional ballots specific to the same persons.
Any person who does not present a form of photo identification may cast a regular ballot, provided that such ballot is inserted in a verification envelope that has a verification affidavit attached to the front. The voter is required to fill out the affidavit. After completing the ballot and affidavit, the voter shall insert the envelope in a verification ballot box.
At some point prior to the certification of the election the ballots contained in the verification ballot box must be verified by a bipartisan team of election judges. Verification shall be conducted by comparing the signature of the voter on the affidavit with the signature on file with the election authority. If the signature of the voter cannot be verified, the election authority shall notify the voter by mail of such fact.
If a ballot cannot be verified by the election judges, then the voter may appeal that decision to the election judges at any time prior to certification of the election by providing a form of personal photo identification.
All ballots cast by voters whose eligibility has been verified shall be counted.
ADVANCE NOTICE OF IDENTIFICATION REQUIREMENTS
(Section 115.427.5)
A provision is repealed requiring the Secretary of State to provide advance notice of the identification requirements for voting in elections.
RETURNING BALLOTS
(Section 115.435)
Once a ballot has been completed by the voter and he or she successfully submits the ballot into the ballot box, the ballot is deemed cast.
The act contains a nonseverability clause.
SCOTT SVAGERA