To repeal sections 115.229, 115.249, 115.387, 115.391, 115.393 and 115.397, RSMo 1994, and sections 115.225 and 115.395, RSMo Supp. 1995, relating to elections, and to enact in lieu thereof eight new sections relating to the same subject.

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

AS FOLLOWS:

Section A. Sections 115.229, 115.249, 115.387, 115.391, 115.393 and 115.397, RSMo 1994, and sections 115.225 and 115.395, RSMo Supp. 1995, are repealed and eight new sections enacted in lieu thereof to be known as sections 115.225, 115.229, 115.249, 115.387, 115.391, 115.393, 115.395 and 115.397, to read as follows:

115.225. 1. Before use by election authorities in this state, the secretary of state shall approve the marking devices and the automatic tabulating equipment used in electronic voting systems and may promulgate rules and regulations to implement the intent of sections 115.225 to 115.235.

2. No electronic voting system shall be approved unless it

(1) Permits voting in absolute secrecy;

(2) Permits each voter to vote for as many candidates for each office as he is lawfully entitled to vote for;

(3) Permits each voter to vote for or against as many questions as he is lawfully entitled to vote on, and no more;

(4) Provides facilities for each voter to cast as many write-in votes for each office as he is lawfully entitled to cast;

(5) Permits each voter at a general election to vote for all candidates of one party by one punch or mark or to vote a split ticket, as he desires;

(6) Permits each voter in a primary election to vote for [the] only one candidate[s of only one party announced by the voter in advance] for each office;

(7) Permits each voter at a presidential election to vote by use of a single punch or mark for the candidates of one party or group of petitioners for president, vice president and their presidential electors;

(8) Accurately counts all proper votes cast for each candidate and for and against each question;

(9) Is set to reject all votes, except write-in votes, for any office and on any question when the number of votes exceeds the number a voter is lawfully entitled to cast;

(10) Permits each voter, while voting, to clearly see the ballot label.

3. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

115.229. 1. An electronic voting system may be used at any primary election if it has been approved by the secretary of state, complies with the provisions of section 115.225, and if the automatic tabulating equipment will reject each vote on which a voter has voted for [candidates of more than one party] more candidates for any office than is lawfully permitted.

2. An electronic voting system may be used at any other election if it has been approved by the secretary of state and complies with the provisions of section 115.225.

115.249. No voting machine shall be used unless it

(1) Permits voting in absolute secrecy;

(2) Permits each voter to vote for as many candidates for each office as he is lawfully entitled to vote for, and no other;

(3) Permits each voter to vote for or against as many questions as he is lawfully entitled to vote on, and no more;

(4) Provides facilities for each voter to cast as many write-in votes for each office as he is lawfully entitled to cast;

(5) Permits each voter at a general election to vote for all candidates of one party by use of a single lever or to vote a split ticket, as he desires;

(6) Permits each voter in a primary election to vote for [the] only one candidate[s of only one party announced by the voter in advance] for each office;

(7) Permits each voter at a presidential election to vote by use of a single lever for the candidates of one party or group of petitioners for president, vice president and their presidential electors;

(8) Correctly registers or records and accurately counts all votes cast for each candidate and for and against each question;

(9) Is provided with a lock or locks which prevent any movement of the voting or registering mechanism and any tampering with the mechanism;

(10) Is provided with a protective counter or other device whereby any operation of the machine before or after an election will be detected;

(11) Is provided with a counter which shows at all times during the election how many people have voted on the machine;

(12) Is provided with a proper light which enables each voter, while voting, to clearly see the ballot labels;

(13) Is provided with a mechanical model, illustrating the manner of voting on the machine, suitable for the instruction of voters.

115.387. Not later than the eighth Tuesday before each primary election, the secretary of state shall transmit to each election authority a certified list containing the name and address of each person who has filed a declaration of candidacy in his office and is entitled to be voted for at the primary election, together with a designation of the office for which he is a candidate and the party he represents, if any. In his certification, the secretary of state shall also include the order in which the candidates for each office filed their declarations of candidacy.

115.391. Not later than the fourth Tuesday prior to the primary election, each election authority shall prepare sample official ballots. The sample ballots shall contain, under the appropriate offices [and party designations], the names of all candidates to be voted on in its jurisdiction in the order they will appear on the ballot and each candidate's party designation, if any. Each sample ballot shall be printed upon tinted or colored paper, of a different tint or color from the official primary ballot, and shall contain no endorsements. Immediately after having the sample ballots prepared, each election authority shall mail to the chairman of each county committee in its jurisdiction and to each candidate named on the ballot, a copy of the sample ballot [for his party]. The election authority shall also post a copy of [each] the sample ballot in a conspicuous place in its office.

115.393. Prior to the primary election, each election authority shall correct any errors or omissions on the sample ballots and cause official ballots to be printed. [For each party having a ballot at the primary election,] The election authority shall deliver to each polling place a number of ballots equal to at least one and a half times the number of ballots cast in the voting district [for the party] at the next to last primary election. [If no ballots were cast for a party in a voting district at the last primary election, the election authority shall deliver to the polling place a number of ballots estimated to be sufficient for the party.]

115.395. 1. At each primary election, there shall be [as many separate] only one ballot[s as there are parties] containing the names of all party or nonpartisan candidates entitled to participate in the election.

2. The names of the candidates for each office [on each party ballot] together with their party designation, if any, shall be listed on the ballot in the order in which they are filed, except that, in the case of candidates who file a declaration of candidacy with the secretary of state prior to 5:00 p.m. on the first day for filing, the secretary of state shall determine by random drawing the order in which such candidates' names shall appear on the ballot. The drawing shall be conducted so that each candidate may draw a number at random at the time of filing. The secretary of state shall record the number drawn with the candidate's declaration of candidacy. The names of candidates filing on the first day for filing for each office on each [party] ballot shall be listed in ascending order of the numbers so drawn. For the purposes of this subsection, the election authority responsible for oversight of the filing of candidates, other than candidates that file with the secretary of state, shall clearly designate where candidates shall form a line to effectuate such filings and determine the order of such filings.

3. Insofar as applicable, the provisions of sections 115.237, 115.241 and 115.245 shall apply to each ballot prepared for a primary election, except that the ballot information may be placed in vertical or horizontal rows, no circle shall appear under any party name and no write-in lines shall appear under the name of any office for which a candidate is to be nominated at the primary. At a primary election, write-in votes shall be counted only for persons who can be elected to an office at the primary.

115.397. In each primary election, each voter shall be entitled to receive [the] one ballot [of one and only one political party, designated by the voter before receiving his ballot]. Each voter who participates in [a party] the primary shall be entitled to vote on all questions and for any party or nonpartisan candidates submitted by political subdivisions and special districts at the primary election. Each voter who does not wish to participate in [a party] the candidate primary may vote on all questions [and for any nonpartisan candidates] submitted by a political subdivision or special district at the primary election.