To repeal section 115.299, RSMo 1994, and sections 115.277, 115.279 and 115.283, RSMo Supp. 1996, and to enact in lieu thereof five new sections relating to early voting procedures, with penalty provisions.

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

     Section A. Section 115.299, RSMo 1994, and sections 115.277, 115.279 and 115.283, RSMo Supp. 1996, are repealed and five new sections enacted in lieu thereof to be known as sections 115.274, 115.277, 115.279, 115.283 and 115.299, to read as follows:

     115.274. 1. There is hereby established an early voting period when eligible registered voters may vote before an election at the office of the local election authority or another polling place appropriately designated by the local election authority. The early voting period shall extend from twenty days to five days before the day of the election.

     2. The local election authority shall allow early voting for a minimum of three consecutive hours each weekday during normal working hours throughout the period provided for early voting, excluding state holidays. The local election authority shall post the hours, dates and location for early voting at his or her office and at the election authority's discretion such information may be posted at other public places.

     3. Except as provided in this section, early voting procedures shall be conducted in accordance with sections 115.407 to 115.445.

     4. Before the precinct registers are delivered to the polling places for an election, the election authority shall record in the precinct registers the names of all voters who have submitted an early voting ballot. The election judge shall not allow any person who has voted an early voting ballot in the election to vote at the polls on election day. If it is determined that any voter submitted an early voting ballot and voted at the polls on election day, the election authority shall certify the fact and the name of the voter to the verification board. Such certificate shall be included with the abstracts drawn by the verification board.

     5. Early voting ballots shall be counted in accordance with the provisions of section 115.299, and shall be counted and tallied separately from absentee ballots.

     6. Notwithstanding the provisions of any law to the contrary, any violation of this section shall be a class one election offense.

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

     (1) Absence on election day from the jurisdiction of the election authority in which he 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 polling place;

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

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

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

     4. Any registered voter who moves from one jurisdiction in the state to another jurisdiction in the state after 5:00 p.m. or the normal closing time of the public place where registration for his new place of residence is being held if such time is later than 5:00 p.m. on the fourth Wednesday prior to an election may vote by absentee ballot at the election for presidential and vice presidential electors, United States senator, representative in Congress, statewide elected officials and statewide questions, propositions and amendments from his new jurisdiction of residence without being registered in his new jurisdiction of residence. Such voter shall make an application for an absentee ballot not later than 7:00 p.m. on the day of the election.      115.279. 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.

     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.

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

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

State of Missouri

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

I, ........................... (print name), a registered voter of ............... County (City of St. Louis, Kansas City), [declare under the penalties of perjury that I expect to be prevented from going to the polls on election day due to (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

(if different)                         other officer authorized

                                   to administer oaths

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

State of Missouri

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

I, ........................... (print name), declare under the penalties of perjury that a citizen of the United States and eighteen years of age or older. I am not declared incompetent by any court of law, and if I have been convicted 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 this election.

OR (check if applicable)

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

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

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)     Address of Last Missouri

..............................     Residence

Signature of Person                    (for persons authorized to

Assisting Voter                    vote for federal officers by

(if applicable)                    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.

     115.299. 1. To count absentee and early votes on election day, the election authority shall appoint a sufficient number of teams of election judges. Each team shall consist of four judges, two from each major political party.

     2. The teams so appointed shall meet on election day after the time fixed by law for the opening of the polls at a central location designated by the election authority. The election authority shall deliver the absentee and early voting ballots to the teams, and shall maintain a record of the delivery. The record shall include the number of ballots delivered to each team and shall include a signed receipt from two judges, one from each major political party. The election authority shall provide each team with a ballot box, tally sheets and statements of returns as are provided to a polling place.

     3. Each team shall count votes on all absentee and early voting ballots designated by the election authority. Early voting ballots shall be tallied and returns made separate from those for absentee ballots.

     4. One member of each team, closely observed by another member of the team from a different political party, shall open each envelope and call the voter's name in a clear voice. Without unfolding the ballot, two team members, one from each major political party, shall initial the ballot, and an election judge shall place the ballot, still folded, in a ballot box. No ballot box shall be opened until all of the ballots a team is counting have been placed in the box. The votes shall be tallied and the returns made as provided in sections 115.447 to 115.525 for paper ballots. After the votes on all ballots assigned to a team have been counted, the ballots and ballot envelopes shall be placed on a string and enclosed in sealed containers marked "voted absentee ballots and ballot envelopes from the election held [................., 19....] ...................... (date)" and marked "voted early ballots and ballot envelopes from the elections held .....................(date)". All rejected absentee ballots and envelopes shall be enclosed and sealed in a separate container marked "rejected absentee ballots and envelopes from the election held [...................., 19....] .....................(date)". All rejected early voting ballots and envelopes shall be enclosed and sealed in a separate container marked "rejected early voting ballots and envelopes from the election held ..................... (date)". On the outside of each voted ballot and rejected ballot container, each member of the team shall write his name, and all such containers shall be returned to the election authority. Upon receipt of the returns and ballots, the election authority shall tabulate the absentee and early vote along with the votes certified from each polling place in its jurisdiction.