To repeal sections 115.115, 115.283, 115.607, 115.609, 115.611 and 115.619, RSMo 1994, and section 115.277, 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Sections 115.115, 115.283, 115.607, 115.609, 115.611 and 115.619, RSMo 1994, and section 115.277, RSMo Supp. 1994, are repealed and eight new sections enacted in lieu thereof to be known as sections 115.115, 115.277, 115.283, 115.607, 115.609, 115.611, 115.612 and 115.619, to read as follows:

115.115. 1. Except as provided in subsection 2 of this section or in section 115.436, for each election within its jurisdiction, the election authority shall designate a polling place for each precinct within which any voter is entitled to vote at the election.

2. For any election, the election authority shall have the right to consolidate two or more adjoining precincts for voting at a single polling place and to designate one set of judges to conduct the election for such precincts. Any ward or township with more than three hundred registered voters shall have at least one polling place located within that ward or township. Voters shall be notified of the place for voting in the manner provided in section 115.127 or 115.129.

3. No person shall be required to go to more than one polling place to vote on the same day.

4. Prior to the opening of the polling places on primary and general election days, if candidates for more than one state senatorial or state representative district are to be voted for at one precinct, and if fifty or fewer registered voters are eligible to vote for each of the candidates, the election authority for that precinct shall provide color-coded ballots, or ballots with other distinguishing codes, to show what district the voter is voting in, based on the voter's place of residence, so that on election day no voter will have an opportunity to vote for more than one congressional candidate, state senatorial candidate, or state representative candidate. If such ballots are not available, the election authority shall be notified and voting at that precinct shall not begin until appropriate ballots are available. In all other instances the election authority shall designate polling places so that more than one state senatorial or state representative candidate will not be voted for at the same polling place.

5. Each local election authority may designate one common site as an election day polling place designed for accessibility to the handicapped and elderly. In addition to being able to supply such voters with their appropriate ballots, and being open during regular voting hours, such a polling place shall otherwise be staffed and operated in accordance with law, especially as provided in subsection 3 of section 115.436 and subsection 3 of section 115.445, and like any other polling place, insofar as possible.

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 Signa ture 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 Vo ter Signature of notary or other

officer authorized to administer

oaths

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

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

Mailing Address

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

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

Signature of PersonAddress of Last Missouri

Assisting VoterResidence

(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.

115.607. 1. No person shall be elected or shall serve as a member of a county committee who is not, for one year next before his election, both a registered voter of and a resident of the county and the committee district from which he is elected if such district shall have been so long established, and if not, then of the district or districts from which the same shall have been taken. Except as provided in subsections 2, 3, 4, 5, and 6 of this section and subsection 1 of section 115.612, the membership of a county committee of each established political party shall consist of a man and a woman elected from each township or ward in the county.

2. In each county of the first class containing the major portion of a city which has over three hundred thousand inhabitants, two members of the committee, a man and a woman, shall be elected, except as provided in section 115.612, from each ward in the city. Any township entirely contained in the city shall have no additional representation on the county committee. The election authority for the county shall divide the most populous township outside the city into eight subdistricts of contiguous and compact territory and as nearly equal in population as practicable. The subdistricts shall be numbered from one upward consecutively, which numbers shall, insofar as practicable, be retained upon reapportionment. Two members of the county committee, a man and a woman, shall be elected from each such subdistrict, except as provided in section 115.612. Four members of the committee, two men and two women, shall be elected from each other township outside the city, except as provided in section 115.612.

3. In any city which has over three hundred thousand inhabitants, the major portion of which is located in a county of the first class with a charter form of government, for the portion of the city located within such county and notwithstanding the provisions of section 82.110, RSMo, it shall be the duty of the election authority to divide such cities into not less than twenty-four nor more than twenty-five wards after each decennial census. Wards shall be so divided that the number of inhabitants in any ward shall not exceed any other ward of the city and within the same county, by more than five percent, measured by the number of the inhabitants determined at the preceding decennial census. Changes of ward or precinct lines shall not affect the terms of office of incumbent party committeemen or committeewomen elected from districts as constituted at the time of their election or at the time they obtain office in such district pursuant to subsection 1 of section 115.612.

4. In each county of the first class containing a portion, but not the major portion, of a city which has over three hundred thousand inhabitants, ten members of the committee, five men and five women, shall be elected, except as provided in section 115.612, from the district of each state representative wholly contained in the county in the following manner: After each legislative reapportionment, the election authority shall divide each legislative district wholly contained in the county into five committee districts of contiguous territory as compact and as nearly equal in population as may be; two members of the committee, a man and a woman, shall be elected from each committee district, except as provided in section 115.612. The election authority shall divide the area of the county located within legislative districts not wholly contained in the county into similar committee districts; two members of the committee, a man and a woman, shall be elected from each committee district, except as provided in section 115.612.

5. In each city not situated in a county, two members of the committee, a man and a woman, shall be elected, except as provided in section 115.612 from each ward.

6. In all first class counties with a charter form of government and a population of over nine hundred thousand inhabitants, the county committee persons shall be elected from each township, except as provided in section 115.612.

115.609. In each city not situated in a county and in each county which has over nine hundred thousand inhabitants, all members of the county committee shall be elected at the primary election immediately preceding each gubernatorial election, except as provided in section 115.612, and shall hold office until their successors are elected and qualified. In each other county, all members of the county committee shall be elected at each primary election, except as provided in section 115.612, and shall hold office until their successors are elected and qualified.

115.611. 1. Except as provided in subsection 2 of section 115.612, any registered voter of the county may have his or her name printed on the primary ballot of his or her party as a candidate for county committeeman or committeewoman by filing a declaration of candidacy in the office of the county election authority and by paying any filing fee required by subsection 2 of this section.

2. Before filing his declaration of candidacy, candidates for county committeeman or county committeewoman shall pay to the treasurer of his party's county committee, or submit to the county election authority to be forwarded to the treasurer of his party's committee, a certain sum of money, as follows:

(1) One hundred dollars if he is a candidate for county committeeman or committeewoman in any county which has or hereafter has over nine hundred thousand inhabitants or in any city not situated in a county;

(2) Twenty-five dollars if he is a candidate for county committeeman or committeewoman in any county of the first class containing the major portion of a city which has over three hundred thousand inhabitants;

(3) Except as provided in subdivisions (1) and (2) of this subsection, no candidate for county committeeman or committeewoman shall be required to pay a filing fee.

3. Any person who cannot pay the fee to file as a candidate for county committeeman or committeewoman may have the fee waived by filing a declaration of inability to pay and a petition with the official with whom he files his declaration of candidacy. The provisions of section 115.357 shall apply to all such declarations and petitions.

4. No person's name shall be printed on any official primary ballot as a candidate for county committeeman or committeewoman unless the person has filed a declaration of candidacy with the proper election authority not later than 5:00 p.m. on the last Tuesday in March immediately preceding the primary election. No person's name shall be printed on any official primary ballot if the conditions of subsection 1 of section 115.612 are met.

115.612. 1. If a qualified registered voter, pursuant to subsection 1 of section 115.607, has met the filing requirements of section 115.611 for a candidate for county committeeman or committeewoman, that person shall hold office as a county committeeman or committeewoman, as if he or she had been elected to the position, and shall serve in such position if no other person has met the filing requirements for the same position in the same ward, township, subdistrict within a township, or committee district, by the time designated in subsection 4 of section 115.611.

2. The county clerk or election authority shall not print on the ballot the name of a person becoming committeeman or committeewoman pursuant to subsection 1 of this section, but shall include in a published notice, pursuant to section 115.127, information indicating the person's name, the office that the person shall hold, and the fact that the person shall serve as committeeman or committeewoman due to the failure of any other person to meet the filing requirements.

115.619. 1. The membership of a legislative district committee shall consist of all county committee members elected at polling places within the legislative district, except as provided in subsections 4 and 5 of this section and subsection 1 of section 115.612. In all counties of this state which are wholly contained within a legislative district, or in which there are two or more whole legislative districts, or one whole legislative district and part of another legislative district, or parts of two or more legislative districts, there shall be elected from the membership of each legislative district committee a chairman and a vice chairman, one of whom shall be a woman and one of whom shall be a man, and each legislative district at the same time shall elect a secretary and a treasurer, one of whom shall be a woman and one of whom shall be a man, but who may or may not be members of the legislative district committee. Party state committees may provide for voting by proxy and for weighted or fractional voting.

2. If a legislative district and a county are coextensive, the chairman, vice chairman, secretary and treasurer of the county committee shall be the chairman, vice chairman, secretary and treasurer of the legislative committee.

3. Except as provided in subsections 4 and 5 of this section, the congressional, senatorial or judicial district committee shall consist of the chairman and vice chairman of each of the legislative districts in the congressional, senatorial, or judicial districts and the chairman and vice chairman of each of the county committees within the districts. Party state committees may provide for voting by proxy and may provide for weighted or fractional voting.

4. The congressional, senatorial or judicial district committee of a district coextensive with one county shall be the county committee.

5. The congressional, senatorial or judicial district committee of a district which is composed in whole or in part of a part of a city or part of a county shall consist of the ward or township committeemen and committeewomen from such wards or townships included in whole or in part in such part of a city or part of a county forming the whole or a part of such district. Party state committees may provide for voting by proxy and may provide for weighted or fractional voting.