S1992.02C

To repeal sections 115.123 and 115.283, RSMo 1994, and section 115.277, RSMo Supp. 1995, relating to elections and to enact in lieu thereof three new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 115.123 and 115.283, RSMo 1994, and section 115.277, RSMo Supp. 1995, are repealed and three new sections enacted in lieu thereof, to be known as sections 114.123, 115.277 and 115.283, to read as follows:

115.123. [1. All public elections shall be held on Tuesday. Except bond elections necessitated by fire, vandalism or natural disaster, except elections for which ownership of real property is required by law for voting, except special elections to fill vacancies and to decide tie votes or election contests, except the presidential primary election, except elections authorized in subsection 4 of this section, and except as otherwise expressly provided by city or county charter, all public elections shall be held on the general election day, the primary election day, the municipal primary day, municipal general election day, the first Tuesday after the first Monday in February, except in presidential election years, March, June, August, or November or with an election on another day expressly provided by city or county charter. The election authority of each county shall make the selection of either the February or March election date, but not both dates for the same political subdivision or special district. After January 1, 1978, no city or county shall adopt a charter or charter amendment which calls an election on any day other than the February or March, April, June, August, or November election days specified in this section.

2. Notwithstanding the provisions of subsection 1 of this section, school districts may hold special levy elections on the first Tuesday after the first Monday in October.]

1. All public elections shall be held on Tuesday. Except as provided in subsections 2 and 3 of this section, all public elections shall be held on the general election day, the primary election day, the general municipal election day, the first Tuesday after the first Monday in February or March but not both, August, or November, or on another day expressly provided by city or county charter.

2. The following elections shall be exempt from the provisions of subsection 1 of this section:

(1) Bond elections necessitated by fire, vandalism or natural disaster;

(2) Elections for which ownership of real property is required by law for voting; and

(3) Special elections to fill vacancies and to decide tie votes or election contests.

3. After August 28, 1996, no city or county shall adopt a charter or charter amendment which calls for elections to be held on dates other than those established in subsection 1 of this section.

115.277. 1. Any registered voter of this state may vote by absentee ballot if [he expects to be prevented from going to the polls to vote on election day due to] the voter meets any of the following provisions:

(1) Expected absence on election day, during the regular hours for voting, from the [jurisdiction of the election authority in which he is registered to vote] precinct in which his polling place is located;

(2) Incapacity or confinement due to illness or physical disability;

(3) Age sixty-five years or older;

[(3)] (4) Religious belief or practice;

[(4)] (5) Employment as an election authority, as a member of an election authority, or by an election authority at a location other than his polling place;

[(5)] (6) Incarceration, provided all qualifications for voting are retained.

2. Any person in federal service who is eligible to register and vote in any election in this state may vote in the election even if he is not registered. Each person in federal service may vote by absentee ballot or, upon submitting an affidavit that he is qualified to vote in the election, may vote at his polling place.

3. Any person who is authorized to vote for federal officers by federal law may vote by absentee ballot for presidential and vice presidential electors, United States senator, representative in Congress and statewide elected officials without being registered. Such person shall make an application for an absentee ballot not later than 7:00 p.m. on the day of the election.

4. Any registered voter who moves from one jurisdiction in the state to another jurisdiction in the state after 5:00 p.m. or the normal closing time of the public place where registration for his new place of residence is being held if such time is later than 5:00 p.m. on the fourth Wednesday prior to an election may vote by absentee ballot at the election for presidential and vice presidential electors, United States senator, representative in Congress, statewide elected officials and statewide questions, propositions and amendments from his new jurisdiction of residence without being registered in his new jurisdiction of residence. Such voter shall make an application for an absentee ballot not later than 7:00 p.m. on the day of the election.

115.283. 1. Each ballot envelope shall bear a statement on which the voter shall state his name, his voting address, his mailing address and his reason for voting an absentee ballot. On the form, the voter shall also state, under penalties of perjury that he is qualified to vote in the election, that he has not previously voted and will not vote again in the election, that he has personally marked his ballot in secret or supervised the marking of his ballot if he is unable to mark it, that the ballot has been placed in the ballot envelope and sealed by him or under his supervision if he is unable to seal it, and that all information contained in the statement is true. Persons authorized to vote only for federal and statewide officers shall also state their former Missouri residence.

2. The statement for persons voting absentee ballots who are registered voters shall be in substantially the following form:

State of Missouri

County (City) of ................. I, ........................ (print name), a registered voter of ................ County (City of St. Louis, Kansas City), declare under the penalties of perjury that I [expect to be prevented from going to the polls on election day due to] meet at least one of the following provisions (check one):

................ expected absence on election day, during the regular hours for voting, from the [jurisdiction of the election authority in which I am registered] precinct in which my polling place is located;

................ incapacity or confinement due to illness or physical disability;

................ age sixty- five years or older;

................ religious belief or practice;

................ employment as an election authority or by an election authority at a location other than my polling place;

................ incarceration, although I have retained all the necessary qualifications for voting.

I hereby state under penalties of perjury that I am qualified to vote at this election; I have not voted and will not vote other than by this ballot at this election. I further state that I marked the enclosed ballot in secret or that I am blind, unable to read or write English, or physically incapable of marking the ballot, and the person of my choosing indicated below marked the ballot at my direction; all of the information on this statement is, to the best of my knowledge and belief, true. .............................. ..........................

Signature of Voter Signature of Person

Assisting Voter

(if applicable)

..............................

.................. ............

Subscribed and sworn to

Address of Voter before me this ..... day

of .........., 19...

..............................

........................ ...... ..........................

Mailing addresses Signature of notary or

(if different) other officer authorized

to administer oaths

3. The statement for persons voting absentee ballots under the provisions of subsection 2, 3 or 4 of section 115.277 without being registered shall be in substantially the following form: State of Missouri

County (City) of .................... I,.................... (print name), declare under the penalties of perjury that I am a citizen of the United States and eighteen years of age or older. I am not declared incompetent by any court of law, and if I have been convicted of a felony or of a misdemeanor connected with the right of suffrage, I have had the voting disabilities resulting from such conviction removed pursuant to law. I hereby state under penalties of perjury that I am qualified to vote at this election.

(1) I am a resident of the state of Missouri and (check one):

................. am a member of the U.S. armed forces in active service;

................. am an active member of the U.S. merchant marine;

................. am a civilian employee of the U.S. government working outside the United States;

................. am an active member of a religious or welfare organization assisting servicemen;

................ have been honorably discharged or terminated my service in one of the groups mentioned above within sixty days of this election;

................. am a spouse or dependent of one of the above;

................. am a registered voter in ............ County and moved from that county to ............ County, Missouri, after 5:00 p.m. on the fourth Tuesday prior to this election.

OR (check if applicable)

(2) ................. I am a former resident of Missouri and authorized to vote for federal officers by federal law. I further state under penalties of perjury that I have not voted and will not vote other than by this ballot at this election; I marked the enclosed ballot in secret or am blind, unable to read or write English, or physically incapable of marking the ballot, and the person of my choosing indicated below marked the ballot at my direction; all of the information on this statement is, to the best of my knowledge and belief, true. .......................... Subscribed to and sworn before

Signature of Voter me this ........ day of

.................., 19...

............................

.......................... .. ...............................

Address of Voter Signature of notary or other

officer authorized to administer

oaths

...............................

....................... ........

Mailing Address

(if different) ..............................

......................... ..............................

Signature of Person Address of Last Missouri

Assisting Voter Residence

(if applicable) (for persons authorized to vote

for federal officers by federal

law)

4. The statement for persons voting absentee ballots who are entitled to vote at the election under the provisions of subsection 2 of section 115.137 shall be in substantially the following form:

State of Missouri

County (City) of .................................... I, ................................ (print name), declare under the penalties of perjury that I [expect to be prevented from going to the polls on election day due to] meet at least one of the following provisions (check one):

................. expected absence on election day, during the regular hours for voting, from the [jurisdiction of the election authority in which I am directed to vote] precinct in which my polling place is located;

................. incapacity or confinement due to illness or physical disability;

................. age sixty-five years or older;

................. religious belief or practice;

................. employment as an election authority or by an election authority at a location other than my polling place;

................. incarceration, although I have retained all the necessary qualifications of voting.

I hereby state under penalties of perjury that I own property in the .................... district and am qualified to vote at this election; I have not voted and will not vote other than by this ballot at this election. I further state that I marked the enclosed ballot in secret or that I am blind, unable to read and write English, or physically incapable of marking the ballot, and the person of my choosing indicated below marked the ballot at my direction; all of the information on this statement is, to the best of my knowledge and belief, true.

.............................. Subscribed and sworn to

Signature of Voter before me this ........

day of .............,

19 ....

...............................

........................ ....... ........................

Address Signature of notary or

other officer authorized

to administer oaths

...............................

Signature of Person

Assisting Voter

(if applicable)

5. Notwithstanding any other provision of this section, any resident of the state of Missouri who resides outside the boundaries of the United States or who is on active duty with the armed forces of the United States or members of their immediate family living with them or persons who are permanently disabled if they have filed a statement by a physician attesting to their permanent disability which would require the person to vote an absentee ballot with the election authority within the jurisdiction of their residence, otherwise entitled to vote, shall not be required to obtain a notary seal or signature on his absentee ballot.

6. Notwithstanding any other provision of this section or section 115.291 to the contrary, the subscription, signature and seal of a notary or other officer authorized to administer oaths shall not be required on any ballot, ballot envelope, or statement required by this section if the reason for the voter voting absentee is due to illness or physical disability.