To repeal sections 115.013, 115.019, 115.045, 115.085, 115.115, 115.117, 115.129, 115.132, 115.139, 115.151, 115.155, 115.159, 115.160, 115.163, 115.165, 115.193, 115.247, 115.275, 115.285, 115.317, 115.363, 115.379, 115.387, 115.389, 115.395, 115.453, 115.479, 115.495, 115.507, 115.511, 115.531, 115.575, 115.577, 115.600, 115.619, 115.621, 115.631, 115.635, 116.010, 116.030, 116.040, 116.050, 116.100, 116.130, 116.160, 116.170, 116.180, 116.190, 116.240, 116.260, 116.332 and 116.334, RSMo 1994, and sections 115.023, 115.123, 115.125, 115.127, 115.277, 115.279, 115.283, 115.284, 115.359, 115.361, 115.373, 115.601 and 247.180, RSMo Supp. 1996, relating to elections, and to enact in lieu thereof sixty-six new sections relating to the same subject, with an emergency clause for certain sections.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section A. Sections 115.013, 115.019, 115.045, 115.085, 115.115, 115.117, 115.129, 115.132, 115.139, 115.151, 115.155, 115.159, 115.160, 115.163, 115.165, 115.193, 115.247, 115.275, 115.285, 115.317, 115.363, 115.379, 115.387, 115.389, 115.395, 115.453, 115.479, 115.495, 115.507, 115.511, 115.531, 115.575, 115.577, 115.600, 115.619, 115.621, 115.631, 115.635, 116.010, 116.030, 116.040, 116.050, 116.100, 116.130, 116.160, 116.170, 116.180, 116.190, 116.240, 116.260, 116.332 and 116.334, RSMo 1994, and sections 115.023, 115.125, 115.127, 115.277, 115.279, 115.283, 115.284, 115.359, 115.361, 115.373, 115.601 and 247.180, RSMo Supp. 1996, are repealed and sixty-four new sections enacted in lieu thereof, to be known as sections 115.013, 115.019, 115.023, 115.045, 115.085, 115.115, 115.117, 115.125, 115.127, 115.129, 115.139, 115.151, 115.155, 115.159, 115.160, 115.163, 115.165, 115.193, 115.247, 115.275, 115.277, 115.279, 115.283, 115.284, 115.285, 115.317, 115.359, 115.361, 115.363, 115.373, 115.379, 115.387, 115.389, 115.395, 115.453, 115.479, 115.495, 115.507, 115.511, 115.531, 115.575, 115.577, 115.600, 115.601, 115.619, 115.621, 115.631, 115.635, 116.010, 116.030, 116.040, 116.050, 116.100, 116.130, 116.160, 116.170, 116.175, 116.180, 116.190, 116.240, 116.260, 116.332, 116.334, and 247.180, to read as follows:

115.013. As used in sections 115.001 to 115.641, unless the context clearly implies otherwise, the following terms shall mean:

(1) "Automatic tabulating equipment" includes the apparatus necessary to examine and automatically count votes, and the data processing machines which are used for counting votes and tabulating results;

(2) "Ballot" includes the ballot card or paper ballot on which each voter may cast all votes to which he is entitled at an election;

(3) "Ballot card" is a ballot which is voted by making a punch or sensor mark which can be tabulated by automatic tabulating equipment;

(4) "Ballot label" is the card, paper, booklet, page or other material containing the names of all offices and candidates and statements of all questions to be voted on;

(5) "Counting location" is a location selected by the election authority for the automatic processing or counting, or both, of ballots;

(6) "County" means any one of the several counties of this state or the city of St. Louis;

(7) "Disqualified" [shall apply to any candidate whose name is stricken or withheld from the ballot by an election authority or court order for reason of ineligibility for office and whose name has not been restored to the ballot by the election authority or court order] means found to be ineligible for office or voted on for office by an election authority, a court of competent jurisdiction, the Missouri ethics commission or any other body authorized by law to determine the eligibility of candidates;

(8) "District" means an area within the state or within a political subdivision of the state from which a person is elected to represent the area on a policymaking body with representatives of other areas in the state or political subdivision;

(9) "Electronic voting system" is a system of casting votes by use of marking devices, and counting votes by use of automatic tabulating or data processing equipment;

(10) "Established political party" for the state shall mean a political party which, at either of the last two general elections, polled for its candidate for any statewide office, more than two percent of the entire vote cast for the office; "established political party" for any district or political subdivision shall mean a political party which polled more than two percent of the entire vote cast at either of the last two elections in which the district or political subdivision voted as a unit for the election of officers or representatives to serve its area;

(11) "Federal office" means the office of presidential elector, United States senator, or representative in Congress;

(12) "Independent" shall mean a candidate who is not a candidate of any political party and who is running for an office for which party candidates may run;

(13) "Major political party" means the political party whose candidates received the highest or second highest number of votes at the last general election;

(14) "Marking device" is either an apparatus in which ballots are inserted and voted by use of a punch apparatus, or any approved device for marking paper ballots with ink or other substance which will enable the votes to be counted by automatic tabulating equipment;

(15) "New party" shall mean any political group which has filed a valid petition and is entitled to place its list of candidates on the ballot at the next general or special election;

(16) "Nonpartisan" shall mean a candidate who is not a candidate of any political party and who is running for an office for which party candidates may not run;

(17) "Political party" shall mean any established political party and any new party;

(18) "Political subdivision" means a county, city, town, village, or township of a township organization county;

(19) "Polling place" means the voting place designated for all voters residing in one or more precincts for any election;

(20) "Precincts" means the geographical areas into which the election authority divides its jurisdiction for the purpose of conducting elections;

(21) "Public office" means any office established by constitution, statute or charter and any employment under the United States, the state of Missouri, or any political subdivision or special district, but does not include any office in the reserve forces or the national guard or the office of notary public;

(22) "Question" means any measure on the ballot which can be voted "YES" or "NO";

(23) "Relative within the second degree by consanguinity or affinity" includes a spouse, each grandparent, parent, brother, sister, niece, nephew, aunt, uncle, child and grandchild of a person;

(24) "Special district" means any school district, water district, fire protection district, hospital district, health center, nursing district, or other districts with taxing authority, or other district formed [under] pursuant to the laws of Missouri to provide limited, specific services;

(25) "Special election" includes elections called by any school district, water district, fire protection district, or other district formed [under] pursuant to the laws of Missouri to provide limited, specific services;

(26) "Voting district" means the one or more precincts within which all voters vote at a single polling place for any election.

115.019. 1. Any group of registered voters from any county of the first class not having a board of election commissioners may circulate a petition for the formation of a board.

2. The petition shall be signed by the number of registered voters in the county equal to at least fifteen percent of the total votes cast in the county for governor at the last gubernatorial election.

3. Petitions proposing the formation of a board of election commissioners in any county of the first class shall be filed with the election authority of the county not later than 5:00 p.m. on the [tenth Friday] thirteenth Tuesday preceding a general election.

4. Each petition for the formation of a board of election commissioners shall consist of sheets of uniform size. The space for signatures on either side of a petition page shall be no larger than 8 1/2 x 14 inches, and each page shall contain signatures of registered voters from only one county. Each page of each petition for the formation of a board of election commissioners shall be in substantially the following form:

To the Honorable . . . . . . . . . . . . , county clerk of . . . . . . . . . . . . County:

We, the undersigned, citizens and registered voters of . . . . . . . . . . . . County, respectfully order that the following question be placed on the official ballot, for acceptance or rejection, at the next general election to be held on the . . . . . . day of . . . . . . , 19. .:

"Should a board of election commissioners be established in . . . . . . . . . . . . County to assume responsibility for the registration of voters and the conduct of elections?";

and each for himself says: I have personally signed this petition; I am a registered voter of the state of Missouri and ..... County; my registered voting address and the name of the city, town or village in which I live are correctly written after my name. CIRCULATOR'S AFFIDAVIT STATE OF MISSOURI, COUNTY OF . . . . . . . . . . . . I, . . . . . . . . . . . ., a Missouri registered voter and a resident of the state of Missouri, being first duly sworn, say (print or type names of signers)

REGISTERED VOTING

NAME DATE ADDRESS ZIP CONGR. NAME

(Signature) SIGNED (Street) (City, Town CODE DIST. (Printed or

or Village) Typed)

(Here follow numbered lines for signers)

signed this page of the foregoing petition, and each of them signed his name thereto in my presence; I believe that each has stated his name, registered voting address and city, town or village correctly, and that each signer is a registered voter of the state of Missouri and . . . . . . County.

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

Signature of Affiant

(Person obtaining signatures)

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

Address of Affiant

Subscribed and sworn to before me this . . . . . . day of . . . . . . , A.D. [19]. .

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

Signature of Notary

Notary Public (Seal)

My commission expires . . . . . . . . . . . . . . . . . . . .

If this form is followed substantially, it shall be sufficient, disregarding clerical and merely technical errors.

5. The validity of each petition filed [under] pursuant to provisions of this section shall be determined in the manner provided for new party and independent candidate petitions in sections 115.333, 115.335 and 115.337.

6. Upon the filing of a valid petition for the formation of a board of election commissioners, it shall be the duty of the election authority to have the following question placed on the official ballot, in the same manner other questions are placed, at the next general election:

"Should a board of election commissioners be established in . . . . . . . . . . . . County to assume responsibility for the registration of voters and the conduct of elections?"

7. The votes for and against the question shall be counted and certified in the same manner as votes on other questions.

8. If the question is approved by a majority of the voters at the election, a board of election commissioners shall be appointed as provided in this subchapter and shall have the same rights and responsibilities provided by law for all boards of election commissioners.

9. Any person who is a registered voter of a county of the first class not having a board of election commissioners may sign a petition for the formation of a board in the county. Any person who signs a name other than [his] the person's own to any petition or knowingly signs [his] the person's name more than once to the same petition or who knows [he] the person is not a registered voter at the time of signing such petition, or any officer or person willfully violating any provision of this section shall be guilty of a class two election offense.

115.023. 1. Except as provided in subsections 2 and 3 of this section, each election authority shall conduct all public elections within its jurisdiction.

2. When an election is to be conducted for a political subdivision or special district, and the political subdivision or special district is located within the jurisdiction of more than one election authority, the election authority of the jurisdiction with the greatest proportion of the political subdivision's or special district's registered voters shall be responsible for publishing any legal notice required in [section 115.127 or 115.521] this chapter.

3. When an election is to be conducted for a political subdivision or special district, and the political subdivision or special district is located within the jurisdiction of more than one election authority, the affected election authorities may, by contract, authorize one of their number to conduct the election for all or any part of the political subdivision or special district. In any election conducted pursuant to this subsection, the election authority conducting part of an election in an area outside its jurisdiction may consolidate precincts across jurisdiction lines and shall have all powers and duties granted [under the provisions of sections 115.001 to 115.641] pursuant to this chapter, except the provisions of sections 115.133 to 115.223 and sections 115.279 and 115.297, in the area outside its jurisdiction.

4. Notwithstanding the provision of section 493.030, RSMo, whenever the publication of a legal advertisement, legal notice, order of court or public notice of any kind is allowed or required [under sections 115.001 to 115.641] pursuant to this chapter, a newspaper publishing such notice shall charge and receive not more than its regular local classified advertising rate. The regular local classified advertising rate is that rate shown by the newspaper's rate schedule as offered to the public, and shall have been in effect for at least thirty days preceding publication of the particular notice to which it is applied.

115.045. Each [board of election commissioners] election authority shall have the authority to employ such attorneys and other employees as may be necessary to promptly and correctly perform the duties of the [board] election authority. Where an electronic voting system or voting machines are used, the [board] election authority shall designate competent employees to have custody of and supervise maintenance of the voting equipment. Board of election commissioners employees shall be subject to the same restrictions and subscribe the same oath as members of the board of election commissioners, except that no employee of a board of election commissioners shall be required to post bond unless directed to do so by the board. Employee oaths and any bonds shall be filed and preserved in the office of the board.

115.085. No person shall be appointed to serve as an election judge who is not a registered voter in the jurisdiction of the election authority for which he or she is appointed. Each election judge shall be a person of good repute and character who can speak, read and write the English language. No person shall serve as an election judge at any polling place in which his or her name or the name of a relative within the second degree, by consanguinity or affinity, appears on the ballot. However, no relative of any unopposed candidate shall be disqualified from serving as an election judge in any election jurisdiction of the state. No election judge shall, during his or her term of office, hold any other public office, other than as a member of a political party committee or township office, except any person who is an employee of the state of Missouri or who is appointed to or employed by a board or commission of a political subdivision or special district may serve as an election judge except at a polling place where such political subdivision or special district has an issue or candidate on the ballot. In any county having a population of less than two hundred fifty thousand inhabitants, any candidate for the county committee of a political party who is not a candidate for any other office and who is unopposed for election as a member of the committee shall not be disqualified from serving as an election judge.

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. 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] any election [days] day, if candidates or issues for more than one [state senatorial or state representative] political subdivision or 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] candidates and issues the voter is [voting in] eligible to vote, 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] candidates or issues for which the voter is not entitled to vote. 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.

115.117. 1. The election authority may designate tax-supported public buildings or buildings owned by any political subdivision or special district to be used as polling places for any election, and no official in charge or control of any such public building shall refuse to permit the use of the building for election purposes. The election authority shall have the right to choose the location of the polling place within such buildings.

2. If an election authority determines there is no public building convenient for a polling place in any voting district, the authority shall first attempt to secure the use of a privately owned tax-exempt building, and in the event no such building is available, it may contract for the rental of a suitable polling place in the district.

3. In selecting polling places, the election authority shall consider parking areas which may be available and shall give priority to those places which have adequate parking areas for use by poll workers and voters.

115.125. 1. Not later than 5:00 p.m. on the tenth Tuesday prior to any election, except a special election to decide an election contest, tie vote or an election to elect seven members to serve on a school board of a district pursuant to section 162.241, RSMo, or [notwithstanding any prior laws to the contrary, in the year 1996 and thereafter, within seven working days after the candidates' names are certified to the officer, whichever is later] a delay in notification pursuant to subsection 2 of this section, or pursuant to the provisions of section 115.399, the officer or agency calling the election shall notify the election authorities responsible for conducting the election. The notice shall be in writing, shall specify the name of the officer or agency calling the election and shall include a certified copy of the legal notice to be published pursuant to subsection 2 of section 115.127. The notice and any other information required by this section may [be delivered], with the prior notification to the election authority receiving the notice, be accepted by facsimile transmission prior to 5:00 p.m. on the tenth Tuesday prior to the election, provided that the original copy of the notice and a certified copy of the legal notice to be published shall be [delivered by certified United States mail for receipt by the election authorities within ten days of the delivery by facsimile transmission] received in the office of the election authority within three business days from the date of the facsimile transmission. In lieu of a certified copy of the legal notice to be published pursuant to subsection 2 of section 115.127, each notice of a special election to fill a vacancy shall include the name of the office to be filled, the date of the election and the date by which candidates must be selected or filed for the office. Not later than the fourth Tuesday prior to any special election to fill a vacancy called by a political subdivision or special district, the officer or agency calling the election shall certify a sample ballot to the election authorities responsible for conducting the election.

2. Except as provided for in sections 115.247 and 115.359, if there is no additional cost for the printing or reprinting of ballots or if the political subdivision or special district calling for the election agrees to pay any printing or reprinting costs, a political subdivision or special district may, at any time after certification required in subsection 1 of this section, but no later than 5:00 p.m. on the sixth Tuesday before the election, be permitted to make late notification to the election authority pursuant to court order, which, except for good cause shown by the election authority in opposition thereto, shall be freely given upon application by the political subdivision or special district to the circuit court of the area of such subdivision or district.

115.127. 1. Except as provided in subsection 4 of this section, upon receipt of notice of a special election to fill a vacancy submitted pursuant to section 115.125, the election authority shall cause legal notice of the special election to be published in a newspaper of general circulation in its jurisdiction. The notice shall include the name of the officer or agency calling the election, the date and time of the election, the name of the office to be filled and the date by which candidates must be selected or filed for the office. Within one week prior to each special election to fill a vacancy held in its jurisdiction, the election authority shall cause legal notice of the election to be published in two newspapers of different political faith and general circulation in the jurisdiction. The legal notice shall include the date and time of the election, the name of the officer or agency calling the election and a sample ballot. If there is only one newspaper of general circulation in the jurisdiction, the notice shall be published in the newspaper within one week prior to the election. If there are two or more newspapers of general circulation in the jurisdiction, but no two of opposite political faith, the notice shall be published in any two of the newspapers within one week prior to the election.

2. Except as provided in subsections 1 and 4 of this section and in sections 115.521, 115.549 and 115.593, the election authority shall cause legal notice of each election held in its jurisdiction to be published. The notice shall be published in two newspapers of different political faith and qualified [under] pursuant to chapter 493, RSMo, which are published within the bounds of the area holding the election. If there is only one so qualified newspaper, then notice shall be published in only one newspaper. If there is no newspaper published within the bounds of the election area, then the notice shall be published in two qualified newspapers of different political faith serving the area. Notice shall be published twice, the first publication occurring in the second week prior to the election, and the second publication occurring within one week prior to the election. Each such legal notice shall include the date and time of the election, the name of the officer or agency calling the election and a sample ballot; and, unless notice has been given as provided by section 115.129, the second publication of notice of the election shall include the location of polling places. The election authority may provide any additional notice of the election it deems desirable.

3. The election authority shall print the official ballot as the same appears on the sample ballot, and no candidate's name or ballot issue which appears on the sample ballot or official printed ballot shall be stricken or removed from the ballot except on death of a candidate or by court order.

4. In lieu of causing legal notice to be published in accordance with any of the provisions of this chapter, the election authority in jurisdictions which have less than five hundred registered voters and in which no newspaper qualified [under] pursuant to chapter 493, RSMo, is published, may cause legal notice to be mailed during the second week prior to the election, by first class mail, to each registered voter at his voting address. All such legal notices shall include the date and time of the election, the location of the polling place, the name of the officer or agency calling the election and a sample ballot.

5. If the opening date for filing a declaration of candidacy for any office in a political subdivision or special district is not required by law or charter, the opening filing date shall be 8:00 a.m., the fifteenth Tuesday prior to the election. If the closing date for filing a declaration of candidacy for any office in a political subdivision or special district is not required by law or charter, the closing filing date shall be 5:00 p.m., the eleventh Tuesday prior to the election. The political subdivision or special district calling an election shall, before the [thirteenth] fifteenth Tuesday prior to any election at which offices are to be filled, notify the general public of the opening filing date, the office or offices to be filled, the proper place for filing and the closing filing date of the election. Such notification may be accomplished by legal notice published in at least one newspaper of general circulation in the political subdivision or special district.

6. Except as provided for in sections 115.247 and 115.359, if there is no additional cost for the printing or reprinting of ballots or if the candidate agrees to pay any printing or reprinting costs, a candidate who has filed for an office or who has been duly nominated for an office, may, at any time after the certification required in section 115.125 but no later than 5:00 p.m. on the sixth Tuesday before the election, withdraw as a candidate pursuant to a court order, which, except for good cause shown by the election authority in opposition thereto, shall be freely given upon application by the candidate to the circuit court of the area of such candidate's residence.

115.129. [1.] Not later than the fifth day prior to any election, the election authority may mail to each registered voter in the area of its jurisdiction in which the election is to be held, a notice of election which shall include the date and time of the election, the location of the voter's polling place and the name of the agency calling the election. The notice may also include a sample ballot. The election authority may provide any additional notice of the election it deems desirable.

[2. In any county the notice of election may state whether the election is a national, state, county, municipal, special purpose district or special election in lieu of stating the agency calling the election, provided that said notice also states the voters involved:

(1) Township;

(2) Election precinct;

(3) Municipality, if any;

(4) School district; and

(5) Fire district.]

[115.132. 1. As used in this section, the term "new resident" means a person who, immediately prior to his moving to this state, was a resident of another state and who has been residing in this state for a period sufficient to comply with any applicable federal law next preceding a general election.

2. Every citizen of the United States who, at the time of any general election at which presidential electors or candidates for the offices of president or vice president of the United States are to be voted for, is a new resident, as defined in subsection 1 of this section, of this state, shall be entitled to vote for presidential and vice-presidential electors at that general election, but for no other officers, if he:

(1) Otherwise possesses the substantive qualifications to vote in this state, except the residency requirements; and

(2) Complies with the provisions of this section.

3. Any person desiring to qualify under this section as a new resident voter to vote for presidential and vice-presidential electors shall not be required to register in order to vote in the precinct in which he resides, but, not more than nineteen days prior to such general presidential election nor later than 7:00 p.m. on the day of such election, shall make an application at the office of the election authority in the election jurisdiction in which he resides. Such application shall be in the form of an affidavit, shall be executed in duplicate in the presence of the election authority, or any authorized officer of the election authority, and shall be in substantially the following form:

STATE OF . . . . . . . . . . . . . . . . . . . .

COUNTY OF . . . . . . . . . . . . . . . . . ., ss.

I,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , do solemnly swear that:

1. I am a citizen of the United States;

2. Before becoming a resident of this state, I resided at . . . . . . . . . . . . Street, in . . . . . . . . . . . . of . . . . . . . . . . . . County of (Here insert name of town, township, village or city) the state of . . . . . . . . . . . . ;

3. On the day of the next presidential election, I shall be at least eighteen years of age and I have or will have by the time of such next presidential election resided in this state (a period of time in accordance with federal law) next preceding such general presidential election and I am now residing in the . . . . . . . . . . precinct, township of . . . . . . . . . . . . (or in the . . . . . . . . . . . . precinct of the . . . . . . . . . . . . ward, . . . . . . . . . . . . Street in the city of . . . . . . . . . . . .), in the county of . . . . . . ., state of Missouri;

4. I believe I am entitled under the law of this state to vote at the presidential election to be held November . . . . . ., 19. .;

5. I hereby make application for a presidential and vice-presidential ballot. I have not voted and will not vote otherwise than by this ballot at that election.

Signed

.

. . . . . . . .

. . (Applicant)

Subscribed and sworn to before me this . . . . . . day of . . . . . . . . . ., 19. .

Signed

.

. . . . . . . .

. . .(Title and name of officer authorized to administer oath)

4. The election authority in whose office an application is filed under subsection 3 of this section shall immediately mail a duplicate of such application to the appropriate official of the state in which the new resident applicant last resided, and shall file the original of such application in its office. All applications filed with an election authority under this subsection shall be indexed alphabetically and shall be retained for a period of six months from the date of the election at which the applicant voted under this section.

5. If satisfied that an application made under this section is proper and that the applicant is qualified to vote under this section, the election authority of the election jurisdiction in which the applicant resides shall deliver to the applicant a ballot for presidential and vice-presidential electors not sooner than nineteen days nor later than 7:00 p.m. on the day of the next general presidential election. Upon receiving such ballot, the applicant shall mark it forthwith, in the presence of such election authority, or a duly authorized officer thereof, in a manner which prevents the election authority or officer from seeing how the ballot has been marked. The voter shall then fold the ballot in the presence of the election authority, or duly authorized officer thereof, so as to conceal the markings on the ballot, and deposit it and seal it in an envelope furnished by the election authority. The voter shall enclose the envelope containing the ballot in a carrier envelope which shall be securely sealed. There shall be imprinted on the outside of the envelope on a form substantially as follows:

DECLARATION OF NEW RESIDENT VOTER

I hereby declare that I have qualified as a new resident voter in this state to vote for presidential and vice-presidential electors. I have not applied nor do I intend to apply for any absentee voter's ballot from any other state. I have not voted and I will not vote otherwise than by this ballot.

My legal residence is in the . . . . . . . . . . . . precinct, township of . . . . . . . . . (or in the . . . . . . . . . . precinct of the . . . . . . . . . . ward, . . . . . . . . . . Street in the city of . . . . . . . . . .), in the county of . . . . . . . . . . , state of Missouri.

Dated: . . . . . . . . . . . . . . . . . .

(Signature of voter)

NOTE: False statement on this declaration is a class C misdemeanor.

The voter shall sign the declaration upon the carrier envelope as set forth above, and shall then deliver the sealed carrier envelope to the election authority, which shall keep the carrier envelope in its office until delivered by it to the proper election officials to be canvassed.

6. Making a false statement on any ballot declaration made under subsection 5 of this section is a class C misdemeanor.

7. All election authorities which receive applications for new resident voters under this section shall keep a list of such new resident voters, which list shall be open to public inspection during the normal business hours of the election authority. Such list shall contain the names of all persons who have applied under this section, their addresses, and the date of their application.

8. All ballots marked by new resident voters as provided in this section shall be delivered and canvassed in the manner provided in the election laws of this state for absentee ballots. Except as otherwise provided in this section, the provisions of the election laws of this state relating to absentee voting shall also apply to the casting and counting of ballots and the challenging of votes by new residents, the furnishing of election supplies, the form of ballots, the canvassing of ballots, and making proper returns of the results of the election.]

115.139. Except as provided in [section 115.132,] subsection 2 of section 115.137 and section 115.277, no person shall be permitted to vote in any election unless the person is duly registered in accordance with this chapter.

115.151. 1. Each qualified applicant who appears before the election authority shall be deemed registered as of the time [his] the applicant's completed, signed and sworn registration [cards are] application is witnessed by the election authority or deputy registration official.

2. Each applicant who registers by mail shall be deemed to be registered as of the date the application is postmarked, if such application is accepted and not rejected by the election authority and the verification notice required pursuant to section 115.159 is not returned as undeliverable by the postal service.

3. Each applicant who registers at a voter registration agency or the division of motor vehicle and drivers licensing of the department of revenue shall be deemed to be registered as of the date the application is signed by the applicant, if such application is accepted and not rejected by the election authority and the verification notice required pursuant to section 115.159 is not returned as undeliverable by the postal service.

115.155. 1. [Except as otherwise provided in section 115.163,] The election authority shall provide [two or more cards of different colors] for the registration of each voter. Each [card] application shall be in substantially the following form:

APPLICATION FOR REGISTRATION

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

Township (or Ward)

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

Name Precinct

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

Home Address Required Personal

Identification Information

. . . . . . . . . . . .< p> City ZIP

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

Date of Birth Place of Birth

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

Telephone NumberMother's Maiden Name

(Optional) (Optional)

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

Occupation (Optional) Last Place Previously Registered

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

Social Security Number Under What Name

(Optional)

Remarks:

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

When

I am a citizen of the United States and a resident of the state of Missouri. I [am not declared incompetent] have not been adjudged incapacitated by any court of law. 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 do solemnly swear that all statements made on this card are true to the best of my knowledge and belief.

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

Signature of Voter Date

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

Signature of Election Official

2. After supplying all information necessary for the registration records, each applicant [shall take the oath inscribed on the registration cards and shall sign his full name to each of the cards] who appears in person before the election authority shall swear or affirm the statements on the registration application by signing his or her full name, witnessed by the signature of the election authority or [his] such authority's deputy registration official. Each applicant who applies to register by mail pursuant to section 115.159, or pursuant to the provisions of section 115.160 or 115.162, shall attest to the statements on the application by his or her signature.

3. Upon receipt by mail of a completed and signed voter registration application, a voter registration application forwarded by the division of motor vehicle and drivers licensing of the department of revenue pursuant to section 115.160, or a voter registration agency pursuant to section 115.162, the election authority shall, if satisfied that the applicant is entitled to register, transfer all data necessary for the registration records from the application to its registration system. Within seven business days after receiving the application, the election authority shall send the applicant a verification notice. If such notice is returned as undeliverable by the postal service within the time established by the election authority, the election authority shall not place the applicant's name on the voter registration file.

4. If, upon receipt by mail of a voter registration application or a voter registration application forwarded pursuant to section 115.160 or 115.162, the election authority determines that the applicant is not entitled to register, such authority shall, within seven business days after receiving the application, so notify the applicant by mail and state the reason such authority has determined the applicant is not qualified. The applicant may have such determination reviewed pursuant to the provisions of section 115.223.

[3.] 5. It shall be the responsibility of the secretary of state to prescribe specifications for voter registration documents so that they are uniform throughout the state of Missouri and comply with the National Voter Registration Act of 1993, including the reporting requirements, and so that registrations, name changes and transfers of registrations within the state may take place as allowed by law.

6. All voter registration applications shall be preserved in the office of the election authority.

115.159. 1. Any person who is qualified to register in Missouri shall, upon application, be entitled to register by mail. Upon request, application forms shall be furnished by the election authority or the secretary of state.

2. [All mail voter registration application forms produced and distributed by county clerks shall be printed with sequential numbers with the following affirmation:

I hereby certify that I am a citizen of the United States and am a resident of Missouri; that I am at least seventeen and one-half years of age; that I am not declared incompetent by any court of law; that if I have been convicted of a felony or a misdemeanor connected with the right of suffrage, I have had the voting disabilities resulting from such conviction removed pursuant to law; I do swear or affirm under penalty of perjury that all statements made on this card are true to the best of my knowledge and belief.

3. Upon receipt of a completed and signed mail voter registration application or voter registration application forwarded by a voter registration agency or the division of motor vehicle and driver's licensing, the election authority shall, if satisfied the applicant is entitled to register, transfer all data necessary for the registration records from the application to its registration system. Within seven working days after receiving the application, the election authority shall send the applicant a verification notice. If the verification notice is returned by the postal service within the time established by the state election authority, the election authority shall not place the applicant's name on the voter registration file.] Notwithstanding any provision of law to the contrary, the election authority shall not deliver any voter identification card to any person who registers [pursuant to this section] to vote by mail until after such person has voted, in person, after presentation of a proper form of identification, for the first time following registration at his new polling place designated by the election authority.

[4. If, upon receiving a mail voter registration application or voter registration application, the election authority determines the applicant is not entitled to register, it shall, within three working days after receiving the application, so notify the applicant by mail and state the reason it has determined the applicant is not qualified. The applicant may secure review of the decision in the manner prescribed in section 115.223.

5. All mail voter registration applications and voter registration applications shall be preserved in the office of the election authority.]

115.160. 1. All Missouri driver's license applicants shall receive a voter registration application form as a simultaneous part of the application for a driver's license, renewal of driver's license, change of address, duplicate request and a nondriver's license.

2. If a single application form is used, the voter registration application portion of any application described in subsection 1 of this section may not require any information that duplicates information required in the driver's license portion of the form, except a second signature or other information required by law.

3. After conferring with the secretary of state as the chief state election official responsible for overseeing of the voter registration process, the director of revenue shall adopt rules and regulations pertaining to the format of the voter registration application used by the department.

4. No information relating to the failure of an applicant for a driver's license or nondriver's license to sign a voter registration application may be used for any purpose other than voter registration.

5. Any voter registration application received [under] pursuant to the provisions of this section shall be forwarded to the election authority located within that county or any city not within a county, or if there is more than one election authority within the county, then to the election authority located nearest to the location where the driver's license application was received. The election authority receiving the application forms shall review the applications and forward any applications pertaining to a different election authority to that election authority.

6. A completed voter registration application accepted in the driver's licensing process shall be transmitted to the election authority described in subsection 5 of this section not later than ten days after the date of acceptance or if the voter registration application is accepted within five days before the last day for registration to vote in an election, the application shall be transmitted to the election authority described in subsection 5 of this section not later than five days after the date of acceptance.

[7. The election authority shall register an eligible applicant for an election if the voter registration application is accepted not later than twenty-eight days prior to the date of the election.]

115.163. 1. Each election authority shall arrange one set of registration cards into permanent binders for each precinct, or it may authorize the creation of computerized lists for each precinct. The computerized lists or binder shall be arranged alphabetically or by street address as the election authority determines and shall be known as the "precinct register". At least one set of registration cards shall be arranged in a central file in such a manner as the election authority determines, and shall be known as the "headquarters register". The election authority shall be the custodian of the registration records, and no cards or records shall be removed or handled except at its direction and under its supervision. The precinct registers shall be kept by the election authority in a secure place, except when given to election judges for use at an election. All registration records shall be open to inspection by the public at all reasonable times.

2. In counties using computer printouts as precinct registers, a new computer printout shall be printed prior to each election.

3. In those counties using computer printouts as precinct registers, the election authority shall send to each voter a voter identification card [before May thirty-first] not less than ninety days prior to the primary election in each year in which a primary and general election will be held, unless the voter has received such a card during the preceding six months. The voter identification card shall contain the voter's name, address, precinct and a signature line. The card may also contain other voting information at the discretion of the election authority. The voter shall be instructed to sign the card for use as identification at the polls. The voter identification card shall be sent to a voter after a new registration or a change of address. If any voter shall lose his voter identification card he may request a new one from the election authority. The voter identification card authorized [under] pursuant to this section may be used as a canvass of voters in lieu of the provisions set out in sections 115.179 to 115.193. Anyone, upon request and payment of a reasonable fee, may obtain a printout, list and/or computer tape of those newly registered voters or voters deleted from the voting rolls, since the last canvass or updating of the rolls.

115.165. 1. [Any registered voter who changes the voter's place of residence within a county may transfer the registration by sending that election authority with which the voter is registered a signed application for transfer, or by appearing in person at the office of that election authority, or any other authorized place of registration within the county and making application for transfer.

2. Upon receipt of an application for transfer at the election authority, the election authority shall compare the signature on the application with the signature on the voter's registration record. If the signatures are sufficiently alike to identify the applicant as the same person who registered to vote, the election authority shall make the necessary changes in the registration records without delay. Upon making such transfer, the election authority shall, within a reasonable time after receiving the application, notify the voter the registration has been transferred. If the signatures are not sufficiently alike to identify the applicant as the same person who registered, the election authority shall, within three working days after receiving the application, notify the voter that the voter will have to appear in person at the office of the election authority and provide identification by answering questions such as are provided for the identification of a voter at the polls.

3. If an election authority receives an application for transfer to the jurisdiction of another election authority within the same county, the election authority shall verify the application as provided in subsection 2 of this section and shall, within three working days after receipt of the application, forward a copy of the application and the voter's registration card to the election authority having jurisdiction for the new address. If an election authority receives an application for transfer from a voter whose previous address is under the jurisdiction of another election authority within the same county, the election authority will forward the application to the other election authority for verification pursuant to subsection 2 of this section. The election authority with jurisdiction over the old address shall, within three working days after receiving the application, forward a copy of the application and the voter's registration card to the election authority having jurisdiction over the new address.] If the voter files a change of address application in person at the office of the election authority, at the polling place, or pursuant to section 115.159, 115.160, 115.162 or 115.193, or otherwise provides signed written notice of the move, an election authority may change the address on a voter registration record for a voter who moves within the election authority's jurisdiction after comparing and verifying the signature. Before changing the address on a voter record, the election authority shall be satisfied that the record is that of the person providing the change of address information.

[4.] 2. A registered voter who has changed his or her residence within [a county] an election authority's jurisdiction and has not been removed from the list of registered voters pursuant to this chapter shall be permitted to file a change of address with the election authority or before an election judge at a polling place and vote at a central polling place or at the polling place that serves his or her new address upon written or oral affirmation by the voter of the new address.

[5.] 3. If the applicant for registration was last registered in another [county] jurisdiction within this state or another state, [he shall also sign a certificate authorizing cancellation of the former registration. The certificate shall be in substantially the following form:

To the election authority of . . . . . . . . . . . . . . , this is to certify that I am registered in your (county) (city) and that my residence was . . . . . . . . . . . . . . . . . . . Having moved out of your (county) (city), I hereby authorize you to cancel said registration in your office. Done at . . . . . . , Missouri, this . . . . . . day of . . . . . . , 19 . .

. (Signature of voter)

.

. (Election authority)

The cancellation certificate may be mailed immediately by the election authority to the county clerk or election commissioner where the applicant was formerly registered. Receipt of such certificate shall be full authority for cancellation of any previous registration.] the election authority shall send notice of the registration to the election authority where the applicant was previously registered. The election authority sending the notice shall provide identifying information to assist the election authority receiving the notice to determine whether the person named was previously registered in such jurisdiction and whether, based on the identifying information provided, the application can be removed from the voting record in the former jurisdiction.

4. Upon receipt of a notice from another election authority that a voter has registered in another jurisdiction in this state or another state, the election authority shall determine whether sufficient information is provided in the notice to identify the person named in such notice as previously registered in the election authority's jurisdiction and presently removable from the voting records in the election authority's jurisdiction. Every election authority is authorized to examine the information provided in a notice of duplicate registration provided by the centralized voter registration database authorized pursuant to section 115.158 to determine if a voter in one election authority's voter registration records has subsequently registered in another jurisdiction. If, after reviewing the information provided, the election authority is satisfied that the person identified in the notice is listed as a registered voter in the election authority's jurisdiction but has subsequently registered in another jurisdiction, the election authority may remove the person's registration from the list of registered voters.

115.193. 1. Upon completion of a canvass as provided for in this chapter, a registered voter's name shall not be removed from the list of registered voters on the ground that the voter has changed residence unless:

(1) The voter confirms in writing that the voter has changed residence to a place outside the election authority's jurisdiction in which the voter is registered; or

(2) The voter fails to respond to a notice described in this section and has not voted in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice.

2. The notice referred to in subsection 1, subdivision (2) of this section shall [be sent by] contain a postage prepaid and preaddressed return card, sent by forwardable mail, on which the voter may state the voter's current address.

3. The notice shall also contain the following statements:

"(1) Any voter who has not changed his or her residence, or has changed residence but remained in the same election authority's jurisdiction, shall return the card not later than the fourth Wednesday prior to the next election. If the card is not returned by this date, oral or written affirmation of the voter's address may be required at the polling place before the voter will be permitted to vote in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election that occurs after the date of the notice. Any voter who does not vote in an election during that period, will have his or her name removed from the list of eligible voters;

"(2) For additional information on registering to vote, contact the election authority located in the county of your current residence. If you reside in the city of St. Louis, contact the St. Louis city election board."

4. If the election authority believes that the name of any voter was improperly removed from the registration records, it may, by telephone or in writing on election day, authorize election judges to permit the voter to vote. The voter may be required to execute an affidavit of qualification on a form prescribed by the election authority before being permitted to vote.

5. An election authority may designate any voter as an inactive voter if the election authority receives from the United States Postal Service notification that the voter no longer resides at the address last known to the election authority and no forwarding address is available, or the voter fails to respond to the notice authorized in subdivision (2) of subsection 1 of this section within thirty days after the election authority sends such notice. Such voter may be designated as an inactive voter only until:

(1) The voter returns such notice to the election authority;

(2) The voter provides the election authority with his or her new address pursuant to the provisions of this chapter;

(3) The voter provides a written affirmation that the voter has not changed residence; or

(4) The election authority receives sufficient information to remove the voter from the list of registered voters pursuant to this section or section 115.165, or return the voter to the active list of registered voters in the jurisdiction.

6. An election authority may exclude inactive voters to determine only:

(1) The number of ballots to be printed pursuant to section 115.247;

(2) The proportional costs of elections; or

(3) Mailing information to registered voters.

115.247. 1. Each election authority shall provide all ballots for every election within its jurisdiction. Ballots other than those printed by the election authority in accordance with sections 115.001 to 115.641 and sections 51.450 and 51.460, RSMo, shall not be cast or counted at any election.

2. Whenever it appears that an error has occurred in any publication required by sections 115.001 to 115.641 and sections 51.450 and 51.460, RSMo, or in the printing of any ballot, any circuit court may, upon the application of any voter, order the appropriate election authorities to correct the error or to show cause why the error should not be corrected.

3. For each election, the election authority shall provide for each polling place in its jurisdiction fifty-five ballots for each fifty and fraction of fifty voters registered in the voting district at the time of the election. The election authority shall keep a record of the exact number of ballots delivered to each polling place. For purposes of this subsection, the election authority shall not be required to count registered voters designated as inactive pursuant to section 115.193.

4. After the polls have closed on every election day, the election judges shall return all unused ballots to the election authority with the other election supplies. All unused ballots delivered to the election authority may be distributed by the election authority to schools in its jurisdiction. Before distribution, all unused ballots shall be stamped "void" or otherwise altered by the election authority.

5. All ballots cast in public elections shall be printed and distributed at public expense, payable as provided in sections [2.500 to 2.545] 115.061 to 115.077.

115.275. [1.] As used in [this subchapter, unless the context clearly implies otherwise, the term "absentee ballots" means the ballots designed to be voted away from the polls which list all the candidates and questions to be voted on at an election, and also the ballot containing only the names of federal candidates and candidates for statewide office.

2. As used in this subchapter,] sections 115.275 to 115.304, unless the context clearly indicates otherwise, the following terms shall mean:

(1) "Absentee ballot", any of the ballots a person is authorized to cast away from a polling place pursuant to the provisions of sections 115.275 to 115.304;

(2) "Interstate former resident", a former resident and registered voter in this state who moves from Missouri to another state after the deadline to register to vote in any presidential election in the new state and who otherwise possesses the qualifications to register and vote in such state;

(3) "Intrastate new resident", a registered voter of this state who moves from one election authority's jurisdiction in the state to another election authority's jurisdiction in the state after the last day authorized in this chapter to register to vote in an election and otherwise possesses the qualifications to vote;

(4) "New resident", a person who moves to this state after the last date authorized in this chapter to register to vote in any presidential election;

(5) "Persons in federal service" includes:

[(1)] (a) Members of the armed forces of the United States, while in active service, and their spouses and dependents;

[(2)] (b) Active members of the merchant marine of the United States and their spouses and dependents;

[(3)] (c) Civilian employees of the United States government working outside the boundaries of the United States, and their spouses and dependents;

[(4)] (d) Active members of religious or welfare organizations assisting servicemen, and their spouses and dependents;

[(5)] (e) Persons who have been honorably discharged from the armed forces or who have terminated their service or employment in any group mentioned in this section within sixty days of an election, and their spouses and dependents.

115.277. 1. Except as provided in subsections 3, 4 and 5 of this section, any registered voter of this state may vote by absentee ballot [if he] for all candidates and issues for which such voter would be eligible to vote at the polling place if such voter expects to be prevented from going to the polls to vote on election day due to:

(1) Absence on election day from the jurisdiction of the election authority in which [he] such voter is registered to vote;

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

(3) Religious belief or practice;

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

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

2. Any person in federal service, as defined in section 115.275, who is eligible to register and vote in any election in this state may vote in the election even if [he] the person is not registered. Each person in federal service may vote by absentee ballot or, upon submitting an affidavit that [he] the person is qualified to vote in the election, may vote at [his] the person's polling place.

3. Any [person who is authorized to vote for federal officers by federal law] interstate former resident, as defined in section 115.275, 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] intrastate new resident, as defined in section 115.275, 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] such resident's new jurisdiction of residence [without being registered in his] after registering to vote in such resident's 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.]

5. Any new resident, as defined in section 115.275, may vote by absentee ballot for presidential and vice presidential electors after registering to vote in such resident's new jurisdiction of residence.

115.279. 1. Application for an absentee ballot may be made by the applicant in person, or by mail, or for the applicant, in person, by his or her guardian or a relative within the second degree by consanguinity or affinity. The election authority may accept applications by facsimile transmission at its discretion and within the limits of its telecommunications capacity.

2. Each application shall be made to the election authority of the jurisdiction in which the person is or would be registered. Each application shall be in writing and shall state the applicant's name, address at which he or she is or would be registered, his or her reason for voting an absentee ballot and the address to which the ballot is to be mailed, if mailing is requested. Each application to vote in a primary election shall also state which ballot the applicant wishes to receive. If any application fails to designate a ballot, the election authority shall, within three working days after receiving the application, notify the applicant by mail that it will be unable to deliver an absentee ballot until the applicant designates which political party ballot he or she wishes to receive. If the applicant does not respond to the request for political party designation, the election authority is authorized to provide the voter with that part of the ballot for which no political party designation is required.

3. All applications for absentee ballots received prior to the sixth Tuesday before an election shall be stored at the office of the election authority until such time as the applications are processed in accordance with section 115.281. No application for an absentee ballot received in the office of the election authority by mail, by facsimile transmission or by a guardian or relative after 5:00 p.m. on the Wednesday immediately prior to the election shall be accepted by any election authority. No application for an absentee ballot submitted by the applicant in person after 5:00 p.m. on the day before the election shall be accepted by any election authority, except as provided in subsections 6, 8 and 9 of this section.

4. Each application for an absentee ballot shall be signed by the applicant or, if the application is made by a guardian or relative pursuant to the provisions of this section, the application shall be signed by the guardian or relative, who shall note on the application his or her relationship to the applicant. If an applicant, guardian or relative is blind, unable to read or write the English language or physically incapable of signing the application, he or she shall sign by mark, witnessed by the signature of an election official or person of his or her own choosing. Any person who knowingly makes, delivers or mails a fraudulent absentee ballot application shall be guilty of a class one election offense.

5. Notwithstanding any law to the contrary, 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 may request an absentee ballot for both the primary and subsequent general election with one application.

6. An application for an absentee ballot by a new resident, as defined in section 115.275, shall be submitted in person by the applicant in the office of the election authority in the election jurisdiction in which such applicant resides. The application shall be received by the election authority no later than 7:00 p.m. on the day of the election. Such application shall be in the form of an affidavit, executed in duplicate in the presence of the election authority or any authorized officer of the election authority, and in substantially the following form:

"STATE OF . . . . . . . . . . . .

COUNTY OF . . . . . . . . . . . . , ss.

I, . . . . . . . . . . . . . . . . . , do solemnly swear that:

(1) Before becoming a resident of this state, I resided at . . . . . . . . . . . . (residence address) in . . . . . . . . . . . . (town, township, village or city) of . . . . . . . . . . . . County in the state of . . . . . . . . . . . .;

(2) I moved to this state after the last day to register to vote in such general presidential election and I am now residing in the county of . . . . . . . . . . . . , state of Missouri;

(3) I believe I am entitled pursuant to the laws of this state to vote in the presidential election to be held November . . . . . . . , . . . . (year);

(4) I hereby make application for a presidential and vice presidential ballot. I have not voted and shall not vote other than by this ballot at such election.

Signed . . . . . . . . . . . . . . . . . . . .

(Applicant)

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

(Residence Address)

Subscribed and sworn to before me this . . . . . . . . . . day of . . . . . . . . . . , . . . .

Signed . . . . . . . . . . . . . . . . . . . .

(Title and name of officer authorized to administer oaths)"

7. The election authority in whose office an application is filed pursuant to subsection 6 of this section shall immediately send a duplicate of such application to the appropriate official of the state in which the new resident applicant last resided and shall file the original of such application in its office.

8. An application for an absentee ballot by an intrastate new resident, as defined in section 115.275, shall be made in person by the applicant in the office of the election authority in the election jurisdiction in which such applicant resides. The application shall be received by the election authority no later than 7:00 p.m. on the day of the election. Such application shall be in the form of an affidavit, executed in duplicate in the presence of the election authority or an authorized officer of the election authority, and in substantially the following form:

"STATE OF . . . . . . . . . . . . . . . . . . . .

COUNTY OF . . . . . . . . . . . . . . . . . . . , ss.

I, . . . . . . . . . . . . . . . . . . . . , do solemnly swear that:

(1) Before becoming a resident of this election jurisdiction, I resided at . . . . . . . . . (residence address) in . . . . . . . . . . . . . . . . . . . . (town, township, village or city) of . . . . . . . county in the state of . . . . . . . . . . . . . . . . . . . .;

(2) I moved to this election jurisdiction after the last day to register to vote in such election;

(3) I believe I am entitled pursuant to the laws of this state to vote in the election to be held . . . . . . . . . . . . . . . . . . . . (date);

(4) I hereby make application for an absentee ballot for candidates and issues on which I am entitled to vote pursuant to the laws of this state. I have not voted and shall not vote other than by this ballot at such election.

Signed . . . . . . . . . . . . . . . . . . . .

(Applicant)

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

(Residence Address)

Subscribed and sworn to before me this . . . . . . . . . . day of . . . . . . . . . . , . . . .

Signed . . . . . . . . . . . . . . . . . . . .

(Title and name of officer authorized to administer oaths)"

9. An application for an absentee ballot by an interstate former resident, as defined in section 115.275, shall be received in the office of the election authority where the applicant was formerly registered by 5:00 p.m. on the Wednesday immediately prior to the election, unless the application is made in person by the applicant in the office of the election authority, in which case, such application shall be made no 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] the voter's name, [his] the voter's voting address, [his] the voter's mailing address and [his] the voter's reason for voting an absentee ballot. On the form, the voter shall also state, under penalties of perjury that [he] the voter is qualified to vote in the election, that [he] the voter has not previously voted and will not vote again in the election, that [he] the voter has personally marked [his] the voter's ballot in secret or supervised the marking of [his] the voter's ballot if [he] the voter is unable to mark it, that the ballot has been placed in the ballot envelope and sealed by [him] the voter or under [his] the voter's supervision if [he] the voter 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 (check one):

. . . . . . . . . . . . . . . . . . . . absence on election day from the jurisdiction of the election authority in which I am registered;

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

. . . . . . . . . . . . . . . . . . . . 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 other (if different) officer authorized to administer oaths

3. The statement for persons voting absentee ballots [under] pursuant to 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 a citizen of the United States and eighteen years of age or older. I am not [declared incompetent] adjudged incapacitated by any court of law, and if I have been convicted felony or of a misdemeanor connected with the right of suffrage, I have had the voting disabilities resulting from such conviction removed pursuant 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] the last day to register to vote in this election.

OR (check if applicable)

(2) . . . . . . . . . I am [a] an interstate former resident of Missouri and authorized to vote for [federal officers by federal law] presidential and vice presidential electors. 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

Signature of Voter before 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 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 (check one):

. . . . . . . . . . . . . . . . absence on election day from the jurisdiction of the election authority in which I am directed to vote;

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

. . . . . . . . . . . . . . . . . . . . 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 or if the person's name is entered on such election authority's list pursuant to section 115.284, 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.

115.284. 1. There is hereby established an absentee voting process to assist persons with permanent disabilities in the exercise of their voting rights.

2. The local election authority shall send an application to participate in the absentee voting process set out in this section to any registered voter residing within the election authority's jurisdiction upon request.

3. Upon receipt of a properly completed application [and physician's statement pursuant to subsection 4 of this section], the election authority shall enter the voter's name on a list of voters qualified to participate as absentee voters pursuant to this section.

4. [(1)] The application to participate in the absentee voting process shall be in substantially the following form:

State of . . . . . . . . . . . . . . . . .

County (City) of . . . . . . . . . . . . .

I , . . . . . . . . . . . . . . . . (print applicant's name), declare that I am a resident and registered voter of . . . . . . County, Missouri, and am permanently disabled. I hereby request that my name be placed on the election authority's list of voters qualified to participate as absentee voters pursuant to section 1 of this act, and that I be delivered an absentee ballot application for each election in which I am eligible to vote [during the calendar year].

. . . . . . . . . . .

Signature of Voter

. . . . . . . . . . .

. . . . . . . . . . .

Voter's Address

[(2) The physician's statement of permanent disability shall be in substantially the following form:

State of . . . . . . . . . . . . . . .

County (City) of . . . . . . . . . . .

I , . . . . . . . . . . . . . (print physician's name), . . . . . . . . . . physician's license number), certify that I am licensed to practice medicine in the State of . . . . . . . . . (state) and that I have determined in my professional medical opinion that . . . . . . . . . . . . . (name of registered voter) of . . . . . . . . . . . . (address of registered voter) has a permanent disability.

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

Signature of Physician]

5. The election authority shall deliver to each voter qualified to participate as absentee voters pursuant to this section an absentee ballot for each election in which [he or she] the voter is eligible to vote [during the calendar year, as soon as practical after absentee ballots are prepared. Delivery shall be made to the voter by bipartisan teams appointed by the election authority, or by first class, registered, or certified mail at the discretion of the election authority. Absentee ballots delivered pursuant to this section shall be voted and counted in the manner provided for in sections 115.275 to 115.304]. If the voter returns the absentee request application to the election authority not later than 5:00 p.m. on the Wednesday before an election and has retained the necessary qualifications to vote, the election authority shall provide the voter with an absentee ballot pursuant to this chapter.

6. The election authority shall remove from the list of voters qualified to participate as absentee voters pursuant to this section any voter who:

(1) Asks to be removed from the list;

(2) Dies;

(3) Becomes disqualified from voting pursuant to the provisions of chapter 115; or

(4) No longer resides at the address of his or her voter registration.

115.285. The secretary of state may prescribe uniform regulations with respect to the printing of ballot envelopes and mailing envelopes, which shall comply with standards established by federal law or postal regulations.

115.317. 1. The filing of a valid statewide petition shall constitute the political group a new party for the purpose of placing its name and the names of its statewide and district and county candidates which are submitted [under] pursuant to section 115.327 on the ballot at the next general election[, except that if, following establishment, at any two consecutive elections the party fails to have a statewide candidate, the party shall no longer be deemed an established party,] or the special election if the petition nominates a candidate to fill a vacancy which is to be filled at a special election. The filing of a valid countywide or districtwide petition shall constitute the political party a new party for the purpose of placing its name and the names of its county and district candidates on the ballot at the next general election or the special election if the petition nominates a candidate to fill a vacancy which is to be filled at a special election[, except that if, following establishment, at any two consecutive elections, the party fails to have a candidate in the district or county, as the case may be, the party shall no longer be deemed an established party]. If presidential electors are nominated by the petition, the names of the candidates for elector shall not be placed on the official ballot, but the name of their candidate for president and the name of their candidate for vice president shall be placed on the official ballot at the next presidential election.

2. If, at an election in which the new party's candidates first appear, any of its candidates for a statewide office receives more than two percent of all votes cast for the office, the new party shall become an established political party for the state. If, at the election in which the new party's candidates first appear, any of its candidates for an office receives more than two percent of the votes cast for the office in any district or county, the new party shall become an established political party only for the district or county.

3. If, after becoming an established political party for the state, at any two consecutive elections a party fails to have a statewide candidate or fails to poll for a candidate for any statewide office more than two percent of the entire vote cast for the office, a party shall no longer be deemed an established political party. If, after becoming an established political party for a district or county, at any two consecutive elections a party fails to have a candidate in the district or county, as the case may be, or fails to poll more than two percent of the entire vote cast at either of the last two elections in which the district or political subdivision voted as a unit for the election of officers or representatives to serve its areas, the party shall no longer be deemed an established political party.

115.359. 1. Any person who has filed a declaration of candidacy for nomination and who wishes to withdraw as a candidate shall, not later than the eleventh Tuesday prior to the primary election, file a written, sworn statement of withdrawal in the office of the official who accepted such candidate's declaration of candidacy. Any person nominated for an office who wishes to withdraw as a candidate shall, not later than the eleventh Tuesday prior to the general election, file a written, sworn statement of withdrawal in the office of the official who accepted such candidate's declaration of candidacy. In addition, any person who has filed a declaration of candidacy for nomination or who is nominated for an office who wishes to withdraw as a candidate due to being named as the party candidate for a different office by a party nominating committee pursuant to sections 115.363 to 115.377 may withdraw as a candidate within five days after being named as the party candidate for a different office by the party nominating committee.

2. Except as provided for in section 115.247, if there is no additional cost for the printing or reprinting of ballots, or if the candidate agrees to pay any printing or reprinting costs, a candidate who has filed or is nominated for an office may, at any time after the certification required in section 115.125 but no later than 5:00 p.m. on the sixth Tuesday before the election, withdraw as a candidate pursuant to a court order, which, except for good cause shown by the election authority in opposition thereto, shall be freely given upon application by the candidate to the circuit court in the county of such candidate's residence. No withdrawal pursuant to this subsection shall be effective until such candidate files a copy of the court's order in the office of the official who accepted such candidate's declaration of candidacy.

3. The name of a person who has properly filed a declaration of candidacy, or of a person nominated for office, who has not given notice of withdrawal as provided in subsection 1 or 2 of this section shall, except in case of death or disqualification, be printed on the official primary or general election ballot, as the case may be.

115.361. 1. Except as provided in subsections 2 and 3 of this section, if a candidate for nomination to an office in which [he] the candidate is the incumbent or the only candidate dies, withdraws as provided in subsection 1 or 2 of section 115.359, or is disqualified [before the eleventh] after 5:00 p.m. on the last day in which a person may file as a candidate for nomination, and at or before 5:00 p.m. on the eighth Tuesday prior to any primary election, or if any candidate for the position of political party committeeman or committeewoman dies or withdraws as provided in subsection 1 or 2 of section 115.359, or is disqualified [before the eleventh] after 5:00 p.m. on the last day in which a person may file as a candidate for nomination, and at or before 5:00 p.m. on the eighth Tuesday prior to any primary election, leaving less candidates for the available committee positions than the number of available committee positions, filing for the office or position shall be reopened [until the eleventh Tuesday prior to the primary election or] for a period of five working days, excluding holidays and weekends, following the death, withdrawal or disqualification[, whichever is longer,] during which period new candidates may file declarations of candidacy.

2. If a candidate for nomination to an office in which [he] the candidate is the only candidate dies, withdraws as provided in subsection 1 or 2 of section 115.359, or is disqualified after [the eleventh] 5:00 p.m. on the sixth Tuesday prior to the primary election, the election and canvass shall not proceed, and a vacancy shall exist on the general election ballot to be filled in the manner provided in sections 115.363 to 115.377.

3. If a candidate for the position of political party committeeman or committeewoman becomes disqualified after the [eleventh] eighth Tuesday prior to the primary election, the election and canvass shall proceed, and the disqualified candidate's name shall be physically eradicated from the ballot so that no vote may be cast for that candidate.

4. If after filing a declaration of candidacy, a candidate files a statement of withdrawal within two working days prior to the deadline for the close of filing set forth in section 115.349, the time of filing for that office shall be extended until 5:00 p.m. of the first Friday following the deadline for the close of filing set forth in section 115.349.

115.363. 1. Except as provided in section 115.361, a party nominating committee of a political party may select a party candidate for nomination to an office on the primary election ballot in the following cases:

(1) If there are no candidates for nomination as the party candidate due to death [or disqualification] of all the party's candidates after 5:00 p.m. on the last day in which a person may file as a candidate for nomination and at or before [9:00 a.m. on the second Monday] 5:00 p.m. on the fourth Tuesday prior to the primary election;

(2) If there are no candidates for nomination as the party candidate due to withdrawal after 5:00 p.m. on the last day in which a person may file as a candidate for nomination and at or before 5:00 p.m. on whatever day may be fixed by law as the final date for withdrawing as a candidate for the office;

(3) If there are no candidates for nomination as the party candidate due to death or disqualification of all candidates within seven days prior to the filing deadline and if no person has filed for the party nomination within that time; [or]

(4) If there are no candidates for nomination as the party candidate due to disqualification of all party candidates after 5:00 p.m. on the last day on which a person may file as a candidate for nomination, and at or before 5:00 p.m. on the sixth Tuesday prior to the primary election; or

(5) If a candidate for the position of political party committeeman or committeewoman dies or withdraws as provided in subsection 1 or 2 of section 115.359 after the [eleventh] eighth Tuesday prior to the primary election, leaving no candidate.

2. Any established political party may select a candidate for nomination, if a candidate who is the incumbent or only candidate dies, is disqualified or withdraws pursuant to subsection 1 or 2 of section 115.359 after 5:00 p.m. on the eighth Tuesday prior to the primary election, and at or before 5:00 p.m. on whatever day is fixed by law as the final date for withdrawing as a candidate for the office.

3. A party nominating committee may select a party candidate for election to an office on the general election ballot in the following cases:

(1) If the person nominated as the party candidate shall die [or become disqualified] at or before [9:00 a.m. on the second Monday] 5:00 p.m. on the fourth Tuesday prior to the general election;

(2) If the person nominated as the party candidate is disqualified at or before 5:00 p.m. on the sixth Tuesday prior to the general election;

(3) If the person nominated as the party candidate shall withdraw at or before 5:00 p.m. on whatever day may be fixed by law as the final date for withdrawing as a candidate for the office;

[(3)] (4) If a candidate for nomination to an office in which [he] the person is the party's only candidate dies after 5:00 p.m. on the fourth Tuesday prior to any primary election, withdraws as provided in subsection 1 of section 115.359 after 5:00 p.m. on the fourth Tuesday prior to any primary election, or is disqualified after the [eleventh] 5:00 p.m. on the sixth Tuesday before any primary election.

[3.] 4. If a person nominated as a party's candidate who is unopposed shall die [or become disqualified at or before 9:00 a.m. on the second Monday] at or before 5:00 p.m. on the fourth Tuesday prior to the general election, is disqualified at or before 5:00 p.m. on the sixth Tuesday prior to the general election, or shall withdraw at or before 5:00 p.m. on whatever day may be fixed by law as the final date for withdrawing as a candidate for the office, the party nominating committee for any established political party may select a party candidate.

[4.] 5. A party nominating committee may select a party candidate for election to an office in the following cases:

(1) For an election called to fill a vacancy in an office;

(2) For an election held pursuant to the provisions of section 105.030, RSMo, to fill an unexpired term resulting from a vacancy in an office that occurs within fourteen days prior to the filing deadline for the primary election and not later than the eighth Tuesday prior to the general election. If such vacancy occurs prior to the fourteenth day before the filing deadline for a primary election, filing for the office shall be as provided for in sections 115.305 to 115.359.

115.373. 1. [The name of a candidate selected by a party nominating committee for a primary election to fill a vacancy created by withdrawal shall be certified to the secretary of state or proper election authority no later than 5:00 p.m. on the eighth Tuesday prior to the primary election. The name of a candidate selected by a party nominating committee for a general election to fill a vacancy created by withdrawal shall be certified to the secretary of state or proper election authority no later than 5:00 p.m. on the eighth Tuesday prior to the general election.] The name of a candidate selected by a party nominating committee for a primary or general election to fill a vacancy created by death, withdrawal or disqualification shall be filed with the secretary of state or proper election authority no later than 5:00 p.m. on the twenty-eighth day after the vacancy occurs or no later than 5:00 p.m. on the fourth Friday [immediately] prior to the election, whichever occurs sooner. The name of a person selected by a party nominating committee as a candidate to fill an unexpired term shall be filed with the secretary of state or proper election authority no later than 5:00 p.m. on the day which is midway between the day the election is called and election day.

2. If the candidate selected by a party nominating committee for a primary, general or special election ballot dies prior to the election, the vacancy created by such death may be filled in the manner provided for filling vacancies created by death on the primary and general election ballots.

115.379. 1. Whenever the only candidate of a party for nomination or election to an office at a primary election, general election or special election to fill a vacancy dies after the filing deadline and before the election, his name shall be printed on the primary, general or special election ballot, as the case may be, unless another candidate has filed for the office pursuant to the provisions of section 115.361 or a new candidate has been selected pursuant to the provisions of sections 115.363 to 115.377. Whenever any other candidate for nomination or election to an office at a primary election, general election or special election to fill a vacancy dies after [9:00 a.m. on the Friday immediately] 5:00 p.m. on the fourth Tuesday prior to the election, his name shall be printed on the primary, general or special election ballot, as the case may be. The election and canvass shall proceed, and, if a sufficient number of votes are cast for the deceased candidate to entitle [him] the candidate to nomination or election had [he] the candidate not died, a vacancy shall exist on the general election ballot or in the office to be filled in the manner provided by law.

2. Whenever a candidate for nomination or election to an office is disqualified after [9:00 a.m. on the Friday immediately] 5:00 p.m. on the sixth Tuesday prior to a primary election, general election or special election to fill a vacancy, his name shall be printed on the primary, general or special election ballot, as the case may be. The election and canvass shall proceed, and, if a sufficient number of votes are cast for the disqualified candidate to entitle him to nomination or election had [he] the candidate not become disqualified, a vacancy shall exist on the general election ballot or in the office to be filled in the manner provided by law.

3. Except as provided in subsection [2] 3 of section 115.359, subsection 2 of section 115.361 and subsections 1 and 2 of this section, whenever a candidate for nomination or election to an office dies, withdraws or is disqualified prior to a primary election, general election or special election to fill a vacancy, all appropriate election authorities shall see that such candidate's name is removed from the primary, general or special election ballot, as the case may be.

115.387. Not later than the [eighth] tenth 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] the secretary's office and is entitled to be voted for at the primary election, together with a designation of the office for which [he] the person is a candidate and the party [he] the person represents. In [his] the person's certification, the secretary of state shall also include the order in which the candidates for each office [filed their declarations of candidacy] are to be listed on the official ballot.

115.389. Upon receipt of the certified list from the secretary of state, each election authority shall publish, under the proper party designations, the title of each office, the name and address of each candidate for each office to be voted on within its jurisdiction, the date of the primary election and the hours the polls will be open. The notice shall be published in a newspaper of general circulation within the jurisdiction of the election authority. The election authority shall include in the notice the names and addresses of all candidates for political party committees who will be elected pursuant to the provisions of subsection 4 of section 115.613.

115.395. 1. At each primary election, there shall be as many separate ballots as there are parties entitled to participate in the election.

2. The names of the candidates for each office on each party ballot shall be listed 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; except that, in the case of candidates who file a declaration of candidacy with the election authority prior to 5:00 p.m. on the first day for filing, the election authority may determine by random drawing the order in which such candidates' names shall appear on the ballot. If a drawing is conducted pursuant to this subsection, it shall be conducted so that each candidate may draw a number at random at the time of filing. If such drawing is conducted, the election authority shall record the number drawn with the candidate's declaration of candidacy. If such drawing is conducted, 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.

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.

115.453. Election judges shall count votes for all candidates in the following manner:

(1) If a cross (X) mark appears in the circle immediately below a party name at the head of a column, each candidate of the party shall be counted as voted for. If a cross (X) mark appears in the circle immediately below more than one party name, no candidate shall be counted as voted for, except a candidate before whose name a cross (X) mark appears in the square preceding the name and a cross (X) mark does not appear in the square preceding the name of any candidate for the same office in another column. If a cross (X) mark appears in the circle immediately below a party name at the head of a column, and a cross (X) mark appears in the square next to the name of any candidate in another column, each candidate of the party whose circle is marked shall be counted as voted for, except where a cross (X) mark appears in the square preceding the name of any candidate in another column. Except as provided in this subdivision and subdivision (2) of this section, each candidate with a cross (X) mark in the square preceding his name shall be counted as voted for.

(2) If no cross (X) mark appears in the circle immediately below any party name, but a cross (X) mark does appear in the square next to any candidate's name, the name of each candidate next to which a cross (X) mark appears shall be counted as voted for, and no other name shall be counted as voted for. If cross (X) marks appear next to the names of more candidates for an office than are entitled to fill the office, no candidate for the office shall be counted as voted for. If more than one candidate is to be nominated or elected to an office, and any voter has voted for the same candidate more than once for the same office at the same election, no votes cast by the voter for the candidate shall be counted.

(3) No vote shall be counted for any candidate that is not marked substantially in accordance with the provisions of this section. The judges shall count votes marked substantially in accordance with this section when the intent of the voter seems clear. No ballot containing any proper votes shall be rejected for containing fewer marks than are authorized by law.

(4) Write-in votes shall be counted only for candidates for election to office who have filed a declaration of intent to be a write-in candidate for election to office with the proper election authority prior to 5:00 p.m. on the second Friday immediately preceding the election day. No person who filed as a party or independent candidate for nomination or election to an office may, without withdrawing as provided by law, file as a write-in candidate for election to the same office for the same term. No candidate who files for nomination to an office and is not nominated at a primary election may file a declaration of intent to be a write-in candidate for the same office at the general election. The election authority shall furnish a list to the election judges and counting teams prior to election day of all write-in candidates who have filed such declaration. This subdivision shall not apply to elections wherein candidates are being elected to an office for which no candidate has filed.

(5) Write-in votes shall be cast and counted for a candidate without party designation. Write-in votes for a person cast with a party designation shall not be counted. Except for candidates for political party committees, no candidate shall be elected as a write-in candidate unless he receives a separate plurality of the votes without party designation regardless of whether or not the total write-in votes for such candidate under all party and without party designations totals a majority of the votes cast.

(6) When submitted to the election authority, each declaration of intent to be a write-in candidate for the office of United States president shall include the name of a candidate for vice president and the name of nominees for presidential elector equal to the number to which the state is entitled. At least one qualified resident of each congressional district shall be nominated as presidential elector. Each such declaration of intent to be a write-in candidate shall be accompanied by a declaration of candidacy for each presidential elector in substantially the form set forth in subsection 3 of section 115.399. Each declaration of candidacy for the office of presidential elector shall be subscribed and sworn to by the candidate before the election official receiving the declaration of intent to be a write-in, notary public or other officer authorized by law to administer oaths.

115.479. In each jurisdiction using an electronic voting system, the election authority shall, [immediately] after the count has been completed and the results received, have the automatic tabulating equipment tested to ascertain that the equipment has correctly counted the votes for all offices and on all questions. The test shall be observed by at least two persons designated by the election authority, one from each major political party, and shall be open to the public. The test shall be conducted by processing the same preaudited group of ballot cards used in the preelection test provided for in section 115.233. If any error is detected, the cause shall be ascertained and corrected, and an errorless count shall be made before the final results are announced. After the completion of an errorless count, the programs and the ballot cards shall be sealed, retained and disposed of as provided for paper ballots.

115.495. [Except for voting machines or voting devices used during the presidential preference primary election held on the second Tuesday in March,] After being locked and sealed against further voting by the election judges, voting machines shall remain locked for the period provided by law for filing an election contest and as much longer as may be necessary or advisable because of any threatened or pending contest, grand jury investigation, or civil or criminal case relating to the election. [Voting machines or voting devices used during the presidential preference primary election held on the second Tuesday in March, after being locked and sealed against further voting by the election authority, shall remain locked for a period of seven calendar days.] During this time, the voting machines shall not be unlocked, except upon order of a court, grand jury or legislative body trying an election contest.

115.507. 1. Not later than the second Tuesday after the election, the verification board shall issue a statement announcing the results of each election held within its jurisdiction and shall certify the returns to each political subdivision and special district submitting a candidate or question at the election. [In any county in which there are two boards of election commissioners, the county clerk shall certify the cumulative returns of that county.]

2. The verification board shall prepare the returns by drawing an abstract of the votes cast for each candidate and on each question submitted to a vote of people in its jurisdiction by the state and by each political subdivision and special district at the election. The abstract of votes drawn by the verification board shall be the official returns of the election.

3. Not later than the [third] Thursday after the second Tuesday after each election at which the name of a candidate for nomination or election to the office of president of the United States, United States senator, representative in Congress, governor, lieutenant governor, state senator, state representative, judge of the circuit court, secretary of state, attorney general, state treasurer, or state auditor, or at which an initiative, referendum, constitutional amendment or question of retaining a judge subject to the provisions of article V, section 29 of the state constitution, appears on the ballot in a jurisdiction, the election authority of the jurisdiction shall mail or deliver to the secretary of state the abstract of the votes given in its jurisdiction, by polling place, for each such office and on each such question. If mailed, the abstract shall be enclosed in a strong, sealed envelope or envelopes. On the outside of each envelope shall be printed: "Returns of election held in the county of . . . . . . . . . . (City of St. Louis, Kansas City) on the . . . . . . . . day of ......, 19....., for the offices of ......", etc. [In any county in which there are two boards of election commissioners, the county clerk shall mail or deliver to the secretary of state the abstract of votes in his jurisdiction, by polling place, for each such office, and on each such question.]

115.511. 1. The secretary of state shall convene the board of state canvassers to total the abstracts of each primary election and the board shall, not later than two weeks after receiving all required abstracts from the primary election, issue a statement announcing the results of the primary election for federal officers, governor, lieutenant governor, state senators and representatives, circuit judges, secretary of state, attorney general, state treasurer and state auditor.

2. The secretary of state shall convene the board of state canvassers to total the abstracts of each general election and the board shall, not later than the [fourth] second Tuesday in December following the general election, issue a statement announcing the results of the general election for federal officers, governor, lieutenant governor, state senators and representatives, circuit judges, appellate and circuit judges subject to the provisions of article V, section 25 of the state constitution, secretary of state, attorney general, state treasurer and state auditor.

3. The secretary of state shall convene the board of state canvassers to total the abstracts of each special election at which the name of a candidate for nomination or election to the office of United States senator, representative in Congress, governor, lieutenant governor, state senator, state representative, circuit judge not subject to the provisions of article V, section 25 of the state constitution, secretary of state, attorney general, state treasurer or state auditor, or at which an initiative, referendum or constitutional amendment appears on the ballot, and the board shall, not later than two weeks after receiving all required abstracts from the election, issue a statement announcing the results of the election for such office or on such question.

115.531. Not later than five days after the official announcement of the results of a primary election is issued by the election authority or the secretary of state, as the case may be, any candidate desiring to contest the primary election shall file a verified petition in the office of the clerk of the circuit court of any circuit in which part of the election was held and in which any alleged irregularity occurred. The contestant shall only be required to file one petition with the circuit court for each election contest regardless of the number of counties within the court's jurisdiction. The petition shall set forth the points on which the contestant wishes to contest the election and the facts [he] the contestant will prove in support of such points, and shall pray leave to produce [his] such proof. The judge of the court shall immediately note on the petition the date it was filed and shall immediately set a date, not later than five days after the petition is filed, for a preliminary hearing. If the petition is filed in vacation, the judge of the circuit court shall immediately convene the court in special session for the purpose of hearing the contest. If no regular judge of the court is available the supreme court shall immediately assign another judge. The circuit court in which the petition is filed shall have exclusive jurisdiction over all matters relating to the contest and may issue appropriate orders to all election authorities in the area in which the contested election was held.

115.575. 1. All contested elections for the office of circuit or associate circuit judge not subject to the provisions of article V, section 25 of the state constitution shall be heard and determined by an adjoining circuit court selected by the contestant.

2. All contested elections on any office or question other than those provided for in sections 115.555, 115.563 and subsection 1 of this section shall be heard and determined by the circuit court of any circuit, selected by the contestant, in which all or any part of the election was held and in which any alleged irregularity occurred. The contestant shall only be required to file one petition with the circuit court for each election contest regardless of the number of counties within the court's jurisdiction.

115.577. Not later than thirty days after the official announcement of the election result by the election authority, any person authorized by section 115.553 who wishes to contest the election for any office or on any question provided in section 115.575 shall file a verified petition in the office of the clerk of the appropriate circuit court. The contestant shall only be required to file one petition with the circuit court for each election contest regardless of the number of counties within the court's jurisdiction. The petition shall set forth the points on which the contestant wishes to contest the election and the facts he will prove in support of such points, and shall pray leave to produce his proof. The circuit court in which the petition is filed shall have exclusive jurisdiction over all matters relating to the contest and may issue appropriate orders to all election authorities in the area in which the contested election was held.

115.600. The election authority, if convinced that errors of omission or commission have occurred on the part of the election authority, election judges, or any election personnel in the conduct of an election, may petition the circuit court for a recount [in the same manner as any candidate for office or voter in an issue election may petition for a recount] or a new election and the court is authorized to order a new election if the evidence provided demonstrates that the irregularities were sufficient to cast doubt on the outcome of the election.

115.601. 1. Any contestant in a primary or other election contest who was defeated by less than one percent of the votes cast for [an office in any jurisdiction] the office and any contestant who received the second highest number of votes cast for that office if two or more are to be elected and who was defeated by less than one percent of the votes cast, or any person whose position on a question was defeated by less than one percent of the votes cast on the question [in any jurisdiction], shall have the right to a recount of the votes cast for the office or on the question [in the jurisdiction].

2. In cases where the candidate filed or the ballot question was originally filed with an election authority as defined in section 115.015, such recount shall be requested in accordance with the provisions of section 115.531 or 115.577 and conducted under the direction of the court or the commissioner representing the court trying the contest according to the provisions of this subchapter.

3. In cases where the candidate filed or the ballot question was originally filed with the secretary of state, the defeated candidate or the person whose position on a question was defeated by less than one percent of the votes cast on the question shall be allowed a recount [under] pursuant to this section by filing with the secretary of state a request for a recount stating that [he or his] the person or the person's position on a question was defeated by less than one percent of the votes cast. Such request shall be filed not later than seven days after certification of the election. The secretary of state shall notify all concerned parties of the filing of the request for a recount. The secretary of state shall authorize the election authorities to conduct a recount [under] pursuant to this section if the requesting party or his position on a question was defeated by less than one percent of the votes cast. The secretary of state shall conduct and certify the results of the recount as the official results in the election within twenty days of receipt of the aforementioned notice of recount.

4. Whenever a recount is [ordered] requested pursuant to subsection 3 of this section, the secretary of state shall determine the number of persons necessary to assist with the recount and shall appoint such persons equally from lists submitted by the contestant and the opponent who received more votes or a person whose position on a question received more votes than the contestant's position on that question. Each person appointed pursuant to this section shall be a disinterested person and a registered voter of the area in which the contested election was held. Each person so appointed shall take the oath prescribed for and receive the same pay as an election judge in the jurisdiction where [he] the person is registered. After being sworn not to disclose any facts uncovered by the recount, except those which are contained in the report, the contestant and the opponent who received more votes or a person whose position on a question received more votes than the contestant's position on that question shall be permitted to be present in person or represented by an attorney at the recount and to observe the recount. Each recount shall be completed under the supervision of the secretary of state with the assistance of the election authorities involved, and the persons appointed to assist with the recount shall perform such duties as the secretary of state directs. Upon completion of any duties prescribed by the secretary of state the persons appointed to assist with the recount shall make a written and signed report of their findings. The findings of the persons appointed to assist with the recount shall be prima facie evidence of the facts stated therein, but any person present at the examination of the votes may be a witness to contradict the findings. No one other than the secretary of state, the election authorities involved, the contestant and the other witnesses described in this subsection, their attorneys, and those specifically appointed by the secretary of state to assist with the recount shall be present during any recount [ordered] conducted pursuant to this section.

5. For purposes of this section, "recount" means one additional counting of all votes counted for the office or on the question with respect to which the recount is requested.

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. 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.

115.621. 1. The members of each congressional district committee shall meet at some place within the district, to be designated by the current chairman of the committee, on the last Tuesday in August after each primary election. At the meeting, the committee shall organize by electing one of its members as chairman and one of its members as vice chairman, one of whom shall be a woman and one of whom shall be a man, and a secretary and a treasurer, one of whom shall be a woman and one of whom shall be a man, who may or may not be members of the committee.

2. The members of each legislative district committee shall meet at some place within the legislative district or within one of the counties in which the legislative district exists, to be designated by the current chairman of the committee, on the Wednesday after the third Tuesday in August after each primary election. At the meeting, the committee shall organize pursuant to subsection 1 of section 115.619.

3. The members of each senatorial district committee shall meet at some place within the district, to be designated by the current chairman of the committee, if there be one, and if not, by the chairman of the congressional district in which the senatorial district is principally located, on the [third] Saturday after the third Tuesday in August after each primary election. At the meeting, the committee shall organize by electing one of its members as chairman and one of its members as vice chairman, one of whom shall be a woman and one of whom shall be a man, and a secretary and a treasurer, one of whom shall be a woman and one of whom shall be a man, who may or may not be members of the committee. The members of each senatorial district shall also meet at some place within the district, to be designated by the current chairman of the committee, if there be one, and if not, by the chairman of the congressional district in which the senatorial district is principally located, on the [third] Saturday after the third Tuesday in November after each general election. At the meeting, the committee shall proceed to elect two registered voters of the district, one man and one woman, as members of the party's state committee.

4. The members of each judicial district may meet at some place within the judicial district or within one of the counties in which the judicial district exists, to be designated by the current chairman of the committee or the chairman of the congressional district committee, on the first Tuesday in September after each primary election, or at another time designated by the chairmen of the committees. At the meeting, the committee shall organize pursuant to subsection 1 of section 115.619.

115.631. The following offenses, and any others specifically so described by law, shall be class one election offenses and are deemed felonies connected with the exercise of the right of suffrage. Conviction for any of these offenses shall be punished by imprisonment of not more than five years or by fine of not less than two thousand five hundred dollars but not more than ten thousand dollars or by both such imprisonment and fine:

(1) Willfully and falsely making any certificate, affidavit, or statement required to be made [under] pursuant to any provision of sections 115.001 to 115.641 and sections 51.450 and 51.460, RSMo, including but not limited to statements specifically required to be made "under penalty of perjury"; or in any other manner knowingly furnishing false information to an election authority or election official engaged in any lawful duty or action in such a way as to hinder or mislead the authority or official in the performance of official duties;

(2) Voting more than once or voting at any election knowing that [he] the person is not entitled to vote or that [he] the person has already voted on the same day at another location inside or outside the state of Missouri;

(3) Procuring any person to vote knowing [he] the person is not lawfully entitled to vote or knowingly procuring an illegal vote to be cast at any election;

(4) Applying for a ballot in the name of any other person, whether the name be that of a person living or dead or of a fictitious person, or applying for a ballot in his own or any other name after having once voted at the election inside or outside the state of Missouri;

(5) Aiding, abetting or advising another person to vote knowing [he] the person is not legally entitled to vote or knowingly aiding, abetting or advising another person to cast an illegal vote;

(6) An election judge knowingly causing or permitting any ballot to be in the ballot box at the opening of the polls and before the voting commences;

(7) Knowingly furnishing any voter with a false or fraudulent or bogus ballot, or knowingly practicing any fraud upon a voter to induce him to cast a vote which will be rejected, or otherwise defrauding him of his vote;

(8) An election judge knowingly placing or attempting to place or permitting any ballot, or paper having the semblance of a ballot, to be placed in a ballot box at any election unless the ballot is offered by qualified voter as provided by law;

(9) Knowingly placing or attempting to place or causing to be placed any false or fraudulent or bogus ballot in a ballot box at any election;

(10) Knowingly removing any legal ballot from a ballot box for the purpose of changing the true and lawful count of any election or in any other manner knowingly changing the true and lawful count of any election;

(11) Knowingly altering, defacing, damaging, destroying or concealing any ballot after it has been voted for the purpose of changing the lawful count of any election;

(12) Knowingly altering, defacing, damaging, destroying or concealing any poll list, report, affidavit, return or certificate for the purpose of changing the lawful count of any election;

(13) On the part of any person authorized to receive, tally or count a poll list, tally sheet or election return, receiving, tallying or counting a poll list, tally sheet or election return [he] the person knows is fraudulent, forged or counterfeit, or knowingly making an incorrect account of any election;

(14) On the part of any person whose duty it is to grant certificates of election, or in any manner declare the result of an election, granting a certificate to a person [he] the person knows is not entitled to receive the certificate, or declaring any election result [he] the person knows is based upon fraudulent, fictitious or illegal votes or returns;

(15) Willfully destroying or damaging any official ballots, whether marked or unmarked, after the ballots have been prepared for use at an election and during the time they are required by law to be preserved in the custody of the election judges or the election authority;

(16) Willfully tampering with, disarranging, altering the information on, defacing, impairing or destroying any voting machine or marking device after the machine or marking device has been prepared for use at an election and during the time it is required by law to remain locked and sealed with intent to impair the functioning of the machine or marking device at an election, mislead any voter at the election, or to destroy or change the count or record of votes on such machine;

(17) Registering to vote knowing [he] the person is not legally entitled to register or registering in the name of another person, whether the name be that of a person living or dead or of a fictitious person;

(18) Procuring any other person to register knowing [he] the person is not legally entitled to register, or aiding, abetting or advising another person to register knowing [he] the person is not legally entitled to register;

(19) Knowingly preparing, altering or substituting any computer program or other counting equipment to give an untrue or unlawful result of an election;

(20) On the part of any person assisting a blind or disabled person to vote, knowingly failing to cast such person's vote as [he] such person directs;

(21) On the part of any registration or election official, permitting any person to register to vote or to vote when [he] such official knows the person is not legally entitled to register or not legally entitled to vote;

(22) On the part of a notary public acting in his official capacity, knowingly violating any of the provisions of sections 115.001 to 115.627 or any provision of law pertaining to elections;

(23) Violation of any of the provisions of sections 115.275 to 115.303, or of any provision of law pertaining to absentee voting[.];

(24) Assisting a person to vote knowing such person is not legally entitled to such assistance, or while assisting a person to vote who is legally entitled to such assistance, in any manner coercing, requesting or suggesting that the voter vote for or against, or refrain from voting on any question, ticket or candidate.

115.635. The following offenses, and any others specifically so described by law, shall be class three election offenses and 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:

(1) Giving, lending, agreeing to give or lend, offering, promising, or endeavoring to procure, any money or valuable consideration, office, or place of employment, to or for any voter, to or for any person on behalf of any voter, or to or for any person, in order to induce any voter to vote or refrain from voting or corruptly doing any such act on account of such voter having already voted or refrained from voting at any election;

(2) Making use of, or threatening to make use of, any force, violence, or restraint, or inflicting or threatening to inflict any injury, damage, harm or loss upon or against any person, in order to induce or compel such person to vote or refrain from voting at any election;

(3) Impeding or preventing, or attempting to impede or prevent, by abduction, duress or any fraudulent device or contrivance, the free exercise of the franchise of any voter or, by abduction, duress, or any fraudulent device, compelling, inducing, or prevailing upon any voter to vote or refrain from voting at any election;

(4) Giving, or making an agreement to give, any money, property, right in action, or other gratuity or reward, in consideration of any grant or deputation of office;

(5) Bringing into this state any nonresident person with intent that such person shall vote at an election without possessing the requisite qualifications;

(6) Asking for, receiving, or taking any money or other reward by way of gift, loan, or other device or agreeing or contracting for any money, gift, office, employment, or other reward, for giving, or refraining from giving, his vote in any election;

(7) Removing, destroying or altering any supplies or information placed in or near a voting booth for the purpose of enabling a voter to prepare his ballot;

(8) [Assisting a person to vote knowing he is not legally entitled to such assistance, or while assisting a person to vote who is legally entitled to such assistance, in any manner coercing, requesting or suggesting that the voter vote for or against or refrain from voting on any question, ticket or candidate;

(9)] Entering a voting booth or compartment except as specifically authorized by law;

[(10)] (9) On the part of any election official, challenger, watcher or person assisting a person to vote, revealing or disclosing any information as to how any voter may have voted, indicated that [he] the person had voted, indicated an intent to vote or offered to vote, except to a grand jury or pursuant to a lawful subpoena in a court proceeding relating to an election offense;

[(11)] (10) On the part of any registration or election official, refusing to permit any person to register to vote or to vote when [he] such official knows the person is legally entitled to register or legally entitled to vote;

[(12)] (11) Attempting to commit or participating in an attempt to commit any class one or class two election offense.

116.010. As used in this chapter, unless the context otherwise indicates,

(1) "County" means any one of the several counties of this state or the city of St. Louis;

(2) "Election authority" means a county clerk or board of election commissioners, as established by section 115.015, RSMo;

(3) "General election" means the first Tuesday after the first Monday in November in even-numbered years;

(4) "Official ballot title" means the summary statement and fiscal note summary prepared for all statewide ballot measures in accordance with the provisions of this chapter which shall be placed on the ballot and, when applicable, shall be the petition title for initiative or referendum petitions;

[(4)] (5) "Statewide ballot measure" means a constitutional amendment submitted by initiative petition, the general assembly or a constitutional convention; a statutory measure submitted by initiative or referendum petition; the question of holding a constitutional convention; and a constitution proposed by a constitutional convention;

[(5)] (6) "Voter" means a person registered to vote in accordance with section 115.151, RSMo.

116.030. The following shall be substantially the form of each page of referendum petitions on any law passed by the general assembly of the state of Missouri:

County ..........

Page No. ........

It is a class A misdemeanor for anyone to sign any referendum petition with any name other than his own, or knowingly to sign his name more than once for the same measure for the same election, or to sign a petition when he knows he is not a registered voter.

PETITION FOR REFERENDUM

To the Honorable .........., Secretary of State for the state of Missouri:

We, the undersigned, registered voters of the state of Missouri and .......... County (or city of St. Louis), respectfully order that the Senate (or House) Bill No. .... entitled (title of law), passed by the .......... general assembly of the state of Missouri, at the .......... regular (or special) session of the ......... general assembly, shall be referred to the voters of the state of Missouri, for their approval or rejection, at the general election to be held on the ...... day of .........., 19.., unless the general assembly shall designate another date, and each for himself says: I have personally signed this petition; I am a registered voter of the state of Missouri and .......... County (or city of St. Louis); my registered voting address and the name of the city, town or village in which I live are correctly written after my name.

CIRCULATOR'S AFFIDAVIT STATE OF MISSOURI, COUNTY OF ............ I, .........., a Missouri registered voter and a resident of the state of Missouri, being first duly sworn, say (print or type names of signers)

REGISTERED VOTING

NAME DATE ADDRESS ZIP CONGR. NAME (Signature) SIGNED (Street)(City,Town CODE DIST. (Printed or Village) or Typed)

(Here follow numbered lines for signers)

signed this page of the foregoing petition, and each of them signed his name thereto in my presence; I believe that each has stated his name, registered voting address and city, town or village correctly, and that each signer is a registered voter of the state of Missouri and .......... County.

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

Signature of Affiant

(Person obtaining signatures)

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

Address of Affiant

Subscribed and sworn to before me this ...... day of .........., A.D. 19....

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

Signature of Notary

Notary Public (Seal)

My commission expires .........................................

If this form is followed substantially and the requirements of section 116.050 are met, it shall be sufficient, disregarding clerical and merely technical errors.

116.040. The following shall be substantially the form of each page of each petition for any law or amendment to the Constitution of the State of Missouri proposed by the initiative:

County ..........

Page No. ..........

It is a class A misdemeanor for anyone to sign any initiative petition with any name other than his own, or knowingly to sign his name more than once for the same measure for the same election, or to sign a petition when he knows he is not a registered voter.

INITIATIVE PETITION

To the Honorable .........., Secretary of State for the state of Missouri:

We, the undersigned, registered voters of the state of Missouri and .......... County (or city of St. Louis), respectfully order that the following proposed law (or amendment to the constitution) shall be submitted to the voters of the state of Missouri, for their approval or rejection, at the general election to be held on the ........ day of .........., 19..., and each for himself says: I have personally signed this petition; I am a registered voter of the state of Missouri and ........ County (or city of St. Louis); my registered voting address and the name of the city, town or village in which I live are correctly written after my name.

CIRCULATOR'S AFFIDAVIT STATE OF MISSOURI, COUNTY OF ............ I, .........., a Missouri registered voter and a resident of the state of Missouri, being first duly sworn, say (print or type names of signers)

REGISTERED VOTING

NAME DATE ADDRESS ZIP CONGR. NAME (Signature) SIGNED (Street)(City, Town CODE DIST. (Printed or Village) or Typed)

(Here follow numbered lines for signers)

signed this page of the foregoing petition, and each of them signed his name thereto in my presence; I believe that each has stated his name, registered voting address and city, town or village correctly, and that each signer is a registered voter of the state of Missouri and .......... County.

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

Signature of Affiant

(Person obtaining signatures)

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

Address of Affiant

Subscribed and sworn to before me this ...... day of .........., A.D. 19....

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

Signature of Notary

Notary Public (Seal)

My commission expires ...........

If this form is followed substantially and the requirements of section 116.050 are met, it shall be sufficient, disregarding clerical and merely technical errors.

116.050. 1. Initiative and referendum petitions filed under the provisions of this chapter shall consist of pages of a uniform size. Each page, excluding the text of the measure, shall be no larger than eight and one-half by fourteen inches. Each page of an initiative petition shall be attached to or shall contain a full and correct text of the proposed measure. Each page of a referendum petition shall be attached to or shall contain a full and correct text of the measure on which the referendum is sought.

2. The full and correct text of all initiative and referendum petition measures shall:

(1) Contain all matter which is to be deleted included in its proper place enclosed in brackets and all new matter shown underlined;

(2) Include all sections of existing law or of the constitution which would be repealed by the measure; and

(3) Otherwise conform to the provisions of article III, section 28 and article III, section 50 of the constitution and those of this chapter.

116.100. The secretary of state shall not accept any referendum petition submitted later than 5:00 p.m. on the final day for filing referendum petitions. The secretary of state shall not accept any initiative petition submitted later than 5:00 p.m. on the final day for filing initiative petitions. When an initiative or referendum petition is submitted to the secretary of state, the signature pages shall [have been] be in order and numbered sequentially [for each] by county, except in counties that include multiple congressional districts, the signatures may be ordered and numbered using an alternate numbering scheme approved in writing by the secretary of state prior to submission of the petition. Any petition that is not submitted in accordance with this section, disregarding clerical and merely technical errors, shall be rejected as insufficient. After verifying the count of signature pages, the secretary of state shall issue a receipt indicating the number of pages presented from each county. When a person submits a petition he shall designate to the secretary of state the name and the address of the person to whom any notices shall be sent under sections 116.140 and 116.180. No initiative petition shall be accepted by the secretary of state until 8:00 a.m. on the second Tuesday of January in even-numbered years for access to the general election ballot in those years.

116.130. 1. The secretary of state may send copies of petition pages to election authorities to verify that the persons whose names are listed as signers to the petition are registered voters. Such verification may either be of each signature or by random sampling as provided in section 116.120, as the secretary shall direct. If copies of the petition pages are sent to an election authority for verification, such copies shall be sent not later than two weeks after the petition is submitted if the election authority is to verify each signature and not later than three weeks after the petition is submitted if verification is to occur by random sampling as provided in section 116.120. Each election authority shall check the signatures against voter registration records in [his] the election authority's jurisdiction, but the election authority shall count as valid only the signatures of persons registered as voters in the county named in the circulator's affidavit. If the election authority is requested to verify the petition by random sampling, such verification must be completed [within fifteen days] and certified not later than two weeks from the date the election authority receives the petition from the secretary of state. If the election authority is to verify each signature, such verification must be completed, certified and delivered to the secretary of state by 5:00 p.m. on the eleventh Tuesday prior to the election.

2. If the election authority or the secretary of state determines that the congressional district number written after the signature of any voter is not the congressional district of which [he] the voter is a resident, the election authority or the secretary of state shall correct the congressional district number on the petition page. Failure of a voter to give [his] the voter's correct congressional district number shall not by itself be grounds for not counting [his] the voter's signature.

3. The election authority shall return the copies of the petition pages to the secretary of state with annotations regarding any invalid or questionable signatures which [he] the election authority has been asked to check by the secretary of state. [He] The election authority shall verify the number of pages received for that county, and also certify the total number of valid signatures of voters from each congressional district which [he] the election authority has been asked to check by the secretary of state.

4. The secretary of state is authorized to adopt rules to insure uniform, complete, and accurate checking of petition signatures either by actual count or random sampling. 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.

5. After a period of three years from the time of submission of the petitions to the secretary of state, the secretary of state, if [he] the secretary determines that retention of such petitions is no longer necessary, may destroy such petitions or return them to the person submitting them upon written request from such person. Returned petitions shall be stamped by the secretary of state to indicate that such petitions are no longer valid.

116.160. 1. After the general assembly adopts a joint resolution proposing a constitutional amendment or a bill which is to be referred to a vote of the people and it has been delivered to the secretary of state, the [committee on legislative research shall, within ten days after such delivery, provide an official ballot title for the measure to the secretary of state.] secretary of state shall promptly forward the resolution or bill to the state auditor. Within twenty days after receipt of the resolution or bill, the secretary of state shall prepare a summary statement of the measure. The secretary of state may seek the advice of the legislator who introduced the constitutional amendment or bill and the speaker of the house or the president pro tem of the legislative chamber that originated the measure. The [official ballot title] summary statement may be distinct from the legislative title of the proposed constitutional amendment or bill.

2. The official [ballot title] summary statement shall contain no more than [thirty-five] one hundred words. The title shall be a true and impartial statement of the purposes of the proposed measure in language neither intentionally argumentative nor likely to create prejudice either for or against the proposed measure.

116.170. [1.] After the general assembly adopts a joint resolution proposing a constitutional amendment or a bill which is to be referred to a vote of the people and it has been delivered to the [secretary of state, the oversight division of the committee on legislative research] state auditor, the state auditor shall, within [ten] thirty days [after such delivery], prepare and file with the secretary of state a fiscal note and a fiscal note summary for the proposed measure[, and the committee on legislative research shall provide a fiscal note summary for the official ballot for the proposed measure to the secretary of state] in accordance with the provisions of section 116.175.

[2. Within five days after certifying a constitutional amendment petition, a statutory initiative petition or a referendum petition as sufficient, the secretary of state shall transmit a copy of the measure to the oversight division of the committee on legislative research. Within ten days thereafter the oversight division of the committee on legislative research shall prepare a fiscal note for the proposed measure, and the committee on legislative research shall provide a fiscal note summary to be printed on the official ballot for the proposed measure to the secretary of state.

3. The fiscal note and fiscal note summary shall state the measure's estimated cost or savings, if any, to state or local governmental entities. Each summary shall contain no more than thirty-five words.]

116.175. 1. Upon receipt from the secretary of state's office of any petition sample sheet, joint resolution or bill, the auditor shall assess the fiscal impact of the proposed measure. The state auditor may consult with the state departments, local government entities, the general assembly and others with knowledge pertinent to the cost of the proposal. Proponents or opponents of any proposed measure may submit to the state auditor a proposed statement of fiscal impact estimating the cost of the proposal in a manner consistent with the standards of the governmental accounting standards board and section 23.140, RSMo, provided that all such proposals are received by the state auditor within ten days of his or her receipt of the proposed measure from the secretary of state.

2. Within twenty days of receipt of a petition sample sheet, joint resolution or bill from the secretary of state, the state auditor shall prepare a fiscal note and a fiscal note summary for the proposed measure and forward both to the attorney general.

3. The fiscal note and fiscal note summary shall state the measure's estimated cost or savings, if any, to state or local governmental entities. The fiscal note summary shall contain no more than fifty words which shall summarize the fiscal note in language neither argumentative nor likely to create prejudice either for or against the proposed measure.

4. The attorney general shall, within ten days of receipt of the fiscal note and the fiscal note summary, approve the legal content and form of the fiscal note summary prepared by the state auditor and shall forward notice of such approval to the state auditor.

116.180. Within three days after receiving the official [ballot title] summary statement, the approved fiscal note summary and the fiscal note relating to any statewide ballot measure from the [attorney general or the committee on legislative research and within three days after receiving the fiscal note and fiscal note summary from the oversight division of the committee on legislative research] state auditor, the secretary of state shall [send] certify the official ballot title in separate paragraphs with the fiscal note summary immediately following the summary statement of the measure and shall deliver a copy of [each by certified mail] the official ballot title and the fiscal note to the speaker of the house or the president pro tem of the legislative chamber that originated the measure or, in the case of initiative or referendum petitions, to the person whose name and address are designated under section [116.100.] 116.332. Persons circulating the petition shall affix the official ballot title to each page of the petition prior to circulation and signatures shall not be counted if the official ballot title is not affixed to the page containing such signatures.

116.190. 1. Any citizen who wishes to challenge the official ballot title or [the fiscal note summary provided for and] the fiscal note prepared for a proposed constitutional amendment submitted by the general assembly, by initiative petition, or by constitutional convention, or for a statutory initiative or referendum measure, may bring an action in the circuit court of Cole County. The action must be brought within ten days after the official ballot title [or fiscal note summary] is [provided to] certified by the secretary of state in accordance with [sections 116.160, 116.170, and 116.334] the provisions of this chapter.

2. [When] The secretary of state [has provided the official ballot title in dispute, the petition] shall [name him] be named as a party defendant in any action challenging the official ballot title. When the [committee on legislative research has provided the official ballot title in dispute, the petition shall name the committee] action challenges the fiscal note or the fiscal note summary, the state auditor shall also be named as a party defendant [and service may be had on the director of research for the committee on legislative research. When the fiscal note and fiscal note summary are in dispute, the petition shall name the committee on legislative research as a party defendant and service may be had on the director of the oversight division for the committee on legislative research].

3. The petition shall state the reason or reasons why the official ballot title is insufficient or unfair [or why the fiscal note and fiscal note summary are insufficient or unfair] and shall request a different official ballot title [or fiscal note and fiscal note summary].

4. The action shall be placed at the top of the civil docket. The court shall consider the petition, hear arguments, and in its decision certify the official ballot title [or fiscal note and fiscal note summary] to the secretary of state. Any party to the suit may appeal to the supreme court within ten days after a circuit court decision. In making the legal notice to election authorities under section 116.240, the secretary of state shall certify the language which the court certifies to him.

116.240. Not later than the [eighth] tenth Tuesday prior to an election at which a statewide ballot measure is to be voted on, the secretary of state shall send each election authority a certified copy of the legal notice to be published. The legal notice shall include the date and time of the election and a sample ballot.

116.260. The secretary of state shall designate in what newspaper or newspapers in each county the text of statewide ballot measures shall be published. If possible, each shall be published once a week for two consecutive weeks in two newspapers of different political faiths in each county, [the first publication to be not more than twenty-one days and the last publication to be not less than five days] the last publication to be not more than thirty or less than fifteen days next preceding the election. If there is but one newspaper in any county, publication for [two] four consecutive weeks shall be made, the first publication to be not [more than twenty-one days and the last publication not less than five days] less than twenty-eight days next preceding the election. If there are two or more newspapers in a county, none of which is of different political faiths from another, the statewide ballot measures shall be published once a week for two consecutive weeks in any two newspapers in the county with the last publication not more than thirty or less than fifteen days next preceding the election.

116.332. 1. Before a constitutional amendment petition, a statutory initiative petition, or a referendum petition may be circulated for signatures, a sample sheet must be submitted to the secretary of state in the form in which it will be circulated. [The sample petition may not be submitted to the secretary of state more than one year prior to the final date for filing the signed petition with the secretary of state.] When a person submits a sample sheet of a petition he or she shall designate to the secretary of state the name and address of the person to whom any notices shall be sent pursuant to sections 116.140 and 116.180. The secretary of state shall refer a copy of the petition sheet to the attorney general for his approval and to the state auditor for purposes of preparing a fiscal note and fiscal note summary. The secretary of state and attorney general must each review the petition for sufficiency as to form and approve or reject the form of the petition, stating the reasons for rejection, if any.

2. Upon receipt of a petition from the office of the secretary of state, the attorney general shall examine the petition as to form. If the petition is rejected as to form, the attorney general shall forward his or her comments to the secretary of state within ten days after receipt of the petition by the attorney general. If the petition is approved as to form, the attorney general shall forward his or her approval as to form to the secretary of state within ten days after receipt of the petition by the attorney general.

[2.] 3. The secretary of state shall review the comments and statements of the attorney general [received pursuant to section 116.334] as to form and make a final decision as to the approval or rejection of the form of the petition. The secretary of state shall send written notice to the person who submitted the petition sheet of the approval within thirty days after submission of the petition sheet. The secretary of state shall send written notice if the petition has been rejected, together with reasons for rejection, within thirty days after submission of the petition sheet.

116.334. 1. [Upon receipt of a petition from the office of the secretary of state pursuant to section 116.332, the attorney general shall examine the petition as to form.] If the petition form is approved, or upon receipt of a joint resolution or a bill referred by the general assembly to a vote of the people, the secretary of state shall within ten days prepare and transmit to the attorney general a summary statement of the measure which shall be a concise statement not exceeding one hundred words. This statement shall be in the form of a question using language neither intentionally argumentative nor likely to create prejudice either for or against the proposed measure. The attorney general shall within ten days approve the legal content and form of the proposed statement. [The statement prepared pursuant to this subsection, unless altered by a court under section 116.190 is the petition title for the measure circulated by the petition and the ballot title if the measure is placed on the ballot.

2. If the petition is rejected as to form, the attorney general shall forward his comments to the secretary of state within ten days after receipt of the petition by the attorney general. If the petition is approved as to form, the attorney general shall forward the statement of purpose to the secretary of state within ten days after receipt of the petition by the attorney general.

3. Nothing in sections 116.150, 116.160, 116.190, 116.230, 116.332 and 116.334 shall prohibit the circulation of the proposed petition after the sample petition has been submitted to the secretary of state for approval. However, no]

2. Signatures obtained prior to [that date] the date the official ballot title is certified by the secretary of state shall not be counted [and no signatures shall be counted if the petition is rejected as to form unless that rejection is reversed by a court of record].

247.180. 1. Regular elections shall be held annually on the first Tuesday after the first Monday in June[, or the election may be held in April at the same time as regular school elections. If authorized,] or on any election day specified in section 115.123, RSMo. Such elections [may] shall be conducted by the appropriate election authority pursuant to [sections 115.650 to 115.660] chapter 115, RSMo.

2. Notwithstanding any other provision of law, if the number of candidates is no greater than the number of directors to be elected, no election shall be held, and the candidates shall assume the responsibilities of their offices at the same time and in the same manner as if they had been elected.

Section B. Section 115.123, RSMo Supp. 1996, is repealed and two new sections enacted in lieu thereof, to be known as sections 115.123 and 1, to read as follows:

115.123. 1. All public elections shall be held on Tuesday. Except as provided in subsections 2, 3 and 4 of this section, and section 247.180, RSMo, 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,] or November, or on another day expressly provided by city or county charter.

2. Notwithstanding the provisions of subsection 1 of this section, school districts may hold elections on the first Tuesday after the first Monday in June and in nonprimary years on the first Tuesday after the first Monday in August, and municipalities may hold elections in nonprimary years on the first Tuesday after the first Monday in August.

3. 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.

4. After [August 28, 1996,] the effective date of this section, 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.

     5. Nothing in this section prohibits a charter city or county from having its primary election in March if the charter provided for a March primary before the effective date of this section.

     6. Nothing in this section shall prohibit elections held pursuant to section 65.600, RSMo, but no other issues shall be on the March ballot.

     Section 1. Notwithstanding the provisions of section 115.123, RSMo, to the contrary, any county, city, town or village may hold an election on the first Tuesday after the first Monday in August, 1997.

     Section C. Because immediate action is necessary to ensure valid elections, section B of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and this act shall be in full force and effect upon its passage and approval.