HB 126
Modifies provisions relating to elections
Sponsor:
LR Number:
0304H.02P
Last Action:
4/17/2025 - Second Read and Referred S Local Government, Elections and Pensions Committee
Journal Page:
Title:
HCS HBs 126 & 367
Effective Date:
August 28, 2025
House Handler:

Current Bill Summary

HCS/HBs 126 & 367 - This act modifies various provisions relating to elections.

RESTRICTIONS ON PUBLIC FUNDS USED IN ELECTIONS

(Sections 105.695 and 115.646)

The act creates new restrictions on public pension systems with respect to elections by prohibiting any such system from directly making any contribution or expenditure of system funds to advocate, support, or oppose the passage or defeat of any ballot measure or the nomination or election of any candidate for public office. System funds shall also not be used to pay any debts or obligations of any committee supporting or opposing such ballot measures or candidates. This provision is identical to a provision in HB 686 (2025) and a provision in HCS/HBs 735 & 686 (2025).

Additionally, the act modifies current prohibitions on use of public funds by prohibiting special districts and charter schools from advocating, supporting, or opposing the passage or defeat of any ballot measure or the nomination or election of any candidate for public office. Funds shall also not be used to pay any debts or obligations of any committee supporting or opposing such ballot measures or candidates. This provision is identical to HB 373 (2025).

ELECTION CHALLENGERS

(Section 115.105)

The act permits election challengers to be present in a polling place during the absentee voting period. Additionally, the act moves up the time period when the chair of a county committee is required to designate challengers. Currently, challengers are to be designated not later than four business days prior to the election. This act requires designations to be made not later than four business days prior to the beginning of the absentee voting period.

This provision is identical to a provision in HCS/HB 507 (2025) and HCS/HB 794 (2025) and substantially similar to SB 740 (2025) and HB 638 (2025).

ELECTION WATCHERS

(Section 115.107)

The act additionally provides that no later than four business days before a watcher may enter a polling or counting location, the chair of each county committee of each political party named on the ballot shall provide signed official designation forms with the names of the designated watchers and substitutes to the local election authority for confirmation of eligibility to serve as a watcher. The local election authority, after verifying the eligibility of each designated and substitute watcher, shall sign off on the official designation forms, unless the watcher is found not to have the qualifications established by law. If the election authority determines that a watcher does not meet the qualifications, the designating party chair may designate a replacement watcher and provide the local election authority with the name of the replacement watcher before 5:00 p.m. of the Monday preceding the election. The designating chair may substitute watchers at his or her discretion during such hours.

This provision is identical to a provision in HCS/HB 507 (2025) and HCS/HB 794 (2025).

PRESIDENTIAL PREFERENCE PRIMARY ELECTION

(Various Sections)

This act reinstates the presidential preference primary election. The election is to be held on the second Tuesday in March of each year in which a presidential election is held. Furthermore, each ballot shall contain the names of all candidates for president, regardless of political party, and all questions and candidates that are submitted by a political subdivision for the General Municipal Election held on the same day.

This provision is substantially similar to SB 417 (2025), SB 670 (2025), SB 1120 (2024), SB 1480 (2024), HCS/HB 1525 (2024), HB 2618 (2024), HCS/HB 2895 (2024), SB 602 (2023), HB 267 (2023), HB 347 (2023), HB 738 (2023) and certain provisions in CCS/HS/HCS/SS#2/SCS/SB 96 (2023).

NOTICES OF ELECTION

(Section 115.125)

The act allows a notice of election to be sent by email.

This provision is substantially similar to a provision in SCS/SB 182 (2025), SCS/HCS/HB 507 (2025), SB 926 (2024), a provision in HCS/HB 1525 (2024), a provision in HCS/HB 2140 (2024), and a provision in 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 SCS/SB 182 (2025), HB 208 (2025), a provision in SCS/HCS/HB 507 (2025), a provision in HCS/HB 532 (2025), SB 774 (2024), a provision in 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 2140 (2024), a provision in HCS/HB 2206 (2024), a provision in HCS/HB 2895 (2024), a provision in 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).

ABSENTEE VOTING

(Sections 115.277 through 115.291)

The act modifies various provisions pertaining to absentee voting. Current law allows voting absentee without an excuse beginning on the second Tuesday prior to the election. This act allows no-excuse absentee voting beginning on the sixth Tuesday prior to the election if the person votes in person. This provision is similar to a provision in SCS/HCS/HB 507 (2025).

The act allows eligible covered voters to vote absentee 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 SCS/SB 182 (2025), a provision in SCS/HCS/HB 507 (2025), a provision in SCS/SB 182 (2025), SB 926 (2024), a provision in HCS/HB 1525 (2024), a provision in HCS/HB 2140 (2024), and a provision in 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 SCS/SB 182 (2025), a provision in SCS/HCS/HB 507 (2025), a provision in SB 926 (2024), a provision in HCS/HB 1525 (2024), a provision in HCS/HB 2140 (2024), and a provision in 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).

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 SCS/SB 182 (2025), 635SCS/HCS/HB 507 (2025), HCS/HB 1525 (2024), HB 2052 (2024), HCS/HB 2140 (2024), HCS/HB 2895 (2024), SCS/SB 346 (2023), the perfected HCS/HBs 267 & 347 (2023), and a provision in HCS/HB 783 (2023).

WRITE-IN CANDIDATES - REPEAL OF EXEMPTION FOR ELECTIONS WITHOUT PARTY CANDIDATES

(Section 115.453)

Current law provides that votes for write-in candidates are only counted for candidates who have filed a declaration of intent to be a write-in candidate. Current law also provides an exemption to this requirement in instances where no candidate has filed for the office in question. This act repeals the exemption so that write-in candidates are only counted when a declaration of intent to be a write-in candidate has been filed with the proper election authority.

This provision is identical to a provision in SCS/SB 182 (2025) and HCS/HB 507 (2025).

CLASS 3 ELECTION OFFENSES

(Section 115.635)

The act creates new election offenses as follows:

• Threatening to harm or engaging in conduct reasonably calculated to harass, 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 state election law; and

• Disseminating, through any means, 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 the purposes of threatening to harm or engaging in conduct reasonably calculated to harass an election judge, challenger, watcher, or employee or volunteer of an election authority or a member of such person's family or attempting to induce, influence, deceive, or pressure an election official or a member of an election official's family to violate any provision of state election law.

Such offenses are deemed misdemeanors connected with the exercise of the right of suffrage. Conviction for any of these offenses shall be punished by imprisonment of not more than one year or by fine of not more than two thousand five hundred dollars, or by both such imprisonment and fine. If a violation results in death or bodily injury to an election official or a member of the official's family, the offense shall be a class B felony.

These provisions are similar to SB 84 (2025).

ELIGIBILITY FOR PUBLIC OFFICE OF PERSONS SUBJECT O QUO WARRANTO ACTIONS

(Section 531.050)

The act provides that any person for whom a writ of quo warranto is entered, or who resigns during the pendency of a quo warranto action, shall be permanently barred from holding, being appointed to, or appearing on any ballot for the office for which judgment was entered or the action was brought against the person.

This provision is similar to HB 1314 (2025).

SCOTT SVAGERA

Amendments

No Amendments Found.