HCS/HB 2140 - This act modifies various provisions relating to elections.NOTICES OF ELECTION (Section 115.125)
The act allows a notice of election to be sent by email.
This provision is identical to a provision in SB 926 (2024), HCS/HB 1525 (2024), and HCS/HB 2895 (2024).
CANDIDATE FILING DEADLINES - LOCAL OFFICES (Section 115.127)
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 holiday, then the closing of filing shall be at 5:00 p.m. on the next day that is not a holiday.
This provision is identical to a provision in SB 774 (2024), SB 926 (2024), a provision in HCS/HB 1525 (2024), HB 1604 (2024), a provision in SCS/HB 2084 (2024), a provision in HCS/HB 2206 (2024), a provision in HCS/HB 2895 (2024), SCS/SB 346 (2023), and CCS/HS/HCS/SS#2/SCS/SB 96 (2023) and substantially similar to HB 2225 (2024), HCS/HB 1214 (2023), provisions in the perfected HCS/HBs 267 & 347 (2023), and HCS/HB 783 (2023).
TAXATION BALLOT MEASURE LABELING (Section 115.240)
The act requires election authorities to label ballot measures relating to taxation numerically or alphabetically in the order in which they are submitted. No descriptive label shall be included other than the numerical or alphabetical designation.
This provision is identical to a provision in HCS/HB 1517 (2024), HCS/HB 1525 (2024), HCS/HB 2058 (2024), and HCS/HB 2895 (2024).
ABSENTEE VOTING (Sections 115.277, 115.284, and 115.295)
The act allows covered voters who are eligible to vote by submitting a federal postcard application at the office of the election authority on Election Day even though the person is not registered. Interstate former residents and new residents may vote by absentee ballot at the office of the election authority on election day for the offices for which such voters are entitled to vote. This provision is identical to a provision in SB 926 (2024), HCS/HB 1525 (2024), and HCS/HB 2895 (2024).
The act provides that all lists of absentee ballot applications for persons with permanent disabilities shall be kept confidential. Such lists of applications shall not be posted or displayed in an area open to the general public, nor shall such lists of applications be shown to any unauthorized person.
This provision is identical to provisions in to a provision in SB 926 (2024), HCS/HB 1525 (2024), and HCS/HB 2895 (2024), substantially similar to a provision in SCS/SB 346 (2023), and similar to a provision in the perfected HCS/HBs 267 & 347 (2023), a provision in HCS/HB 783 (2023), and a provision in CCS/HS/HCS/SS#2/SCS/SB 96 (2023).
The act requires an election authority to compare the signature on the ballot envelope of an absentee ballot with the signature on the voter's registration record. If the signature is inconsistent, the envelope shall be rejected. This provision is identical to a provision in HCS/HB 1525 (2024), a provision in HB 2052 (2024), and a provision in HCS/HB 2895 (2024).
CASTING PROVISIONAL BALLOTS (Section 115.430)
The act expands a provision of law governing the casting and counting of provisional ballots to all public elections, rather than just particular primary or general elections.
This provision is identical to provisions in SB 926 (2024), HCS/HB 1525 (2024), HB 2052 (2024), HCS/HB 2895 (2024), SCS/SB 346 (2023), the perfected HCS/HBs 267 & 347 (2023), and a provision in HCS/HB 783 (2023).
ELECTION OFFENSES - ELECTION OFFICIALS (Section 115.635)
The act creates new class three election offenses as follows:
• 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 provision of 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 for any of the above stated reasons.
Conviction of any of these offenses is punishable by imprisonment of not more than one year or by fine of not more than $2,500, or by both such imprisonment and fine.
This provision is identical to a provision in HCS/HB 1525 (2024), a provision in HB 2052 (2024), and a provision in HCS/HB 2895 (2024), substantially similar to a provision in HCS/HB 2206 (2024), and similar to a provision in SB 926 (2024).
ELECTION OFFENSE - ELECTIONEERING NEAR POLLING PLACES (Section 115.637)
The act expands the offense of exit polling, surveying, sampling, electioneering, distributing election literature, posting signs or placing vehicles bearing signs with respect to any candidate or question to be voted on at an election to apply to polling places on election day as well as during the absentee voting period. It is additionally a violation of this provision to circulate an initiative or referendum petition inside a polling place or within 25 feet of a polling place on election day or during the absentee voting period. Violation of this provision is punishable by imprisonment of not more than 1 year or by a fine of not more than $2,500 or by both such imprisonment and fine.
This provision is identical to a provision in HCS/HB 1525 (2024), a provision in HCS/HB 2052 (2024), a provision in HCS/HB 2206 (2024), a provision in HCS/HB 2895 (2024), and substantially similar to a provision in SB 926 (2024) and SCS/SB 346 (2023).
SUBPOENA POWER - SOS (Section 115.642)
Current law authorizes the Secretary of State subpoena power when necessary to conduct an investigation of an election offense, with such authorization to expire August 28, 2025. This act repeals the expiration date.
This provision is identical to a provision in HCS/HB 1525 (2024), a provision in HB 2052 (2024), and a provision in HCS/HB 2895 (2024).
MISSOURI ELECTIONS SOVEREIGNTY ACT (Section 115.1200)
The act creates the Missouri Elections Sovereignty Act. This act provides that the General Assembly reserves authority to regulate both voter qualifications and the time, place, and manner for state and local elections to the maximum extent authorized by the Constitution of the United States. The state of Missouri shall comply with and implement federal laws governing the time, place, and manner of United States representative elections and federal laws governing the time and manner of United States senate elections to the extent necessary to preserve the federal system of government and comply with the Constitution of the United States, but shall reserve the right to protect, preserve, and defend the integrity of state and local elections through lawful regulation of voter qualifications for such state and local elections. Any differences in the regulations for time, place, and manner of holding elections for federal representatives, the time and manner for the senate elections, and state and local elections shall result in separate election procedures to ensure the sovereignty of the state of Missouri to conduct elections in the manner in which the General Assembly shall deem necessary.
This provision is identical to a provision in HCS/HB 1525 (2024), a provision in HB 2052 (2024), and a provision in HCS/HB 2895 (2024).
BALLOT MEASURES - PROPERTY TAXES (Section 137.067 and 137.073)
Any ballot measure seeking approval to add, change, or modify a tax on real property shall express the effect of the proposed change within the ballot language in terms of the change in real dollars owed per one hundred thousand dollars of a property's market valuation.
Additionally, if prior to the expiration of a temporary levy increase, voters approve a subsequent levy increase, the new tax rate ceiling shall remain in effect only until such time as the temporary levy 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 of a political subdivision are asked to approve an additional, permanent increase to the political subdivision's tax rate ceiling, voters shall be submitted ballot language that clearly indicates that if the permanent levy increase is approved, the temporary levy shall be made permanent.
These provisions are substantially similar to provisions in HCS/HB 1517 (2024) and provisions in HCS/HB 2058 (2024).
SCOTT SVAGERA