HCS/SB 132 - This act revises various portions of election law.

SECTION 115.013. DEFINITION. Modifies definition of "disqualified" to mean found ineligible for office (currently it means a candidate whose name is stricken or withheld from the ballot).

SECTION 115.019. CHANGES DEADLINE. Deadline to submit petition to form election board is changed from the 10th Friday to the 13th Tuesday before the general election.

SECTION 115.023. LEGAL NOTICES. Expands legal notice requirement pursuant to Chapter 115, RSMo (currently specifies 2 sections).

SECTION 115.045. ATTORNEYS. Authorizes election authorities to employ attorneys and other employees (currently only election boards can do this).

SECTION 115.085. ELECTION JUDGES. Specifies that election judges must be registered to vote in jurisdiction of the election authority.

SECTION 115.115. COLOR CODED BALLOTS. Expands color coded ballot provisions for multiple districts at a polling place. Currently it is limited to color codes if there is a difference in state senatorial or representative district. Under this act, there would be color coding if any candidate or issue in a political subdivision or district is different.

SECTION 115.117. POLLING PLACES. Currently, any tax-supported public building may be used as a polling place. This act adds buildings owned by political subdivisions or special districts--"No official shall refuse to permit use. . .".

SECTION 115.123. ELECTION DATES. This act adds the provisions of section 247.180 (public water district elections) as an exception to the specified dates for elections and removes the requirement that elections cannot be held in both February and March. This act also specifies that a charter city or county may hold its primary election in March if the charter so provides before the effective date of this section. Also, counties with township organization may continue to hold March township elections. EMERGENCY CLAUSE FOR THIS SECTION.

SECTION 115.125. FAX NOTICES. Removes exception to notice of election requirements for certain school district boards. Specifies that notice may be accepted by fax before 5 p.m. on the 10th Tuesday before the election if the election authority approves it. Requires original copy of notice to be delivered within 3 business days (current law says 10 days) after receipt of notice by fax. Allows notice to be as late as the 6th Tuesday before the election if there are no additional costs or the political subdivision or special district pays such costs.

SECTION 115.127. CHANGES DEADLINE. Changes notification date of elections by political subdivisions and special districts from the 13th to the 15th Tuesday prior to the election.

SECTION 115.129. ELECTION BY MAIL. Removes (permissive) language regarding what a notice of election by mail may state.

SECTION 115.132. MOVING VOTERS. Repeals entire section--related provisions are enacted in sections 115.275, 115.277, 115.279 & 115.283. These provisions address the issue of what happens when a voter moves into or out of the state both before and after the registration deadline.

SECTION 115.139. UNREGISTERED VOTERS. Removes reference to section 115.132, which is repealed.

SECTION 115.151. REGISTRATION. Specifies when applicants to vote are deemed registered. Applicants to register by mail are deemed registered on the postmark date. Applicants to register at a voter registration agency or the division of motor vehicles are deemed registered on the date the application is signed.

SECTION 115.155. REGISTRATION. Adds provisions relating to the three different methods of registering: (1) by appearing before the election authority (signed attestation witnessed by election authority or deputy); (2) by mail (signed attestation); or (3) at the drivers license/motor vehicles division (signed application, verification notice mailed to applicant). The Secretary of State shall prescribe specifications for voter registration so that they are uniform throughout the state and so that they comply with the National Voter Registration Act of 1993 (Motor Voter). Removes color- coded cards for registration applications. All registration applications shall be preserved in the election authority's office.

SECTION 115.159. VOTING BY MAIL. The application and determination of eligibility provisions appear to be moved to section 115.155.

SECTION 115.160. MOTOR VEHICLE REGISTRATION. Removes provision requiring election authorities to register eligible applicants by the motor vehicles process if the application is received not later than 28 days prior to the election.

SECTION 115.163. CHANGES DEADLINE to send out voter ID cards from "before May 31st" to 90 days prior to the primary election (early May).

SECTION 115.165. CHANGE OF ADDRESS. Removes current provisions regarding change of address and replaces it with new provisions. The old certificate of notification of change of address to a previous election authority is removed. Instead, the election authority shall provide notice and "identifying information" to the election authority where the voter was previously registered. An election authority who is satisfied that a voter has registered in another jurisdiction may remove that voter from the voter registration list.

SECTION 115.193. INACTIVE VOTERS. Establishes an "inactive voter" status for voters failing to respond to notice initiated pursuant to election canvassing. Inactive voters may be excluded from calculations determining the number of ballots to be printed, associated costs and mailing information.

SECTION 115.247. INACTIVE VOTERS. Adds provisions involving inactive voters. Sectional references are updated.

SECTION 115.248. BALLOT COSTS. Costs of reprinting ballots in statewide elections shall be paid by the state when circumstances are beyond the election authority's control.

SECTIONS 115.275, 115.277, 115.279 & 115.283. MOVING VOTERS. These sections replace section 115.132, by addressing what happens when a person moves into, out of, or within the state. There are separate definitions for "new resident", "interstate former resident" and "intrastate new resident". Basically, this act changes the law by requiring those moving into or out of the state to be registered in order to vote for president and vice president, which currently is not required. Interstate former residents (those who have moved out of the state who are registered in Missouri) may vote for president and vice president. Intrastate new residents may vote for president, vice president, U.S. Senator and Representative, statewide elected officials and questions after registering, which can be done up to 7 p.m. on election day for the purpose of absentee voting. Under current law, every citizen of the U.S. who is a new resident may vote for president and vice president, regardless of whether they are registered to vote.

SECTION 115.284. ABSENTEE VOTING FOR DISABLED VOTERS. Voters with permanent disabilities would be able to receive absentee ballots without a physician's statement, and the one-year renewal provision is removed.

SECTION 115.285. SECRETARY OF STATE REGULATIONS. The Secretary of State's uniform regulations currently must comply with federal law. This act adds "or postal regulations".

SECTION 115.317. ESTABLISHED PARTIES. Adds new requirement for retaining established party status. An established state-wide party loses established status if it fails to have a statewide candidate or if it fails to receive more than 2% of the entire vote cast for a candidate for any statewide office. An established district or county party loses established status if it fails to have a candidate in the district or county or fails to receive more than 2% of the vote.

SECTION 115.359. WITHDRAWAL BY CANDIDATE. Allows a candidate to withdraw after the certification date for office, up to the 6th Tuesday before the election, if the candidate agrees to pay for additional ballot printing costs.

SECTIONS 115.361, 115.363, 115.373 & 115.379. DEATH, DISQUALIFICATION AND WITHDRAWAL OF CANDIDATES. These sections address what happens when a candidate for office withdraws, dies or is disqualified. If the candidate withdraws, dies (incumbent or only candidate) or is disqualified after the filing deadline but by the 8th Tuesday before the primary election, filing is reopened for 5 working days. If it occurs after the 8th Tuesday but by the final date for withdrawing (usually this is the 11th Tuesday, but may be as late as the 6th Tuesday if the candidate pays ballot costs), any established political party may select a candidate. If it occurs after the 6th Tuesday, a vacancy exists on the general election ballot. There are other provisions and time periods which address when a party nominating committee may select a party candidate for nomination to an office on the primary ballot. Also, if a candidate withdraws within 2 working days before the filing deadline, filing is extended until the first Friday following.

SECTION 115.387. CHANGES DEADLINE. Changes the date in which the Secretary of State transmits a certified list of candidates from the 8th to 10th Tuesday before the primary.

SECTION 115.389. COMMITTEEMEN. Puts in published notice the names and addresses of committeemen and committeewomen who do not appear on the ballot.

SECTION 115.395. ORDER ON THE BALLOT. Currently, candidates who file with the Secretary of State prior to 5 p.m. on the first day for filing are listed in random order on the ballot, and all others are listed in the order filed. This act adds a provision which states that if the candidate files with the election authority prior to 5 p.m. on the first day for filing, the election authority may determine the order by random drawing.

SECTION 115.453. WRITE-IN CANDIDATES. Prohibits persons who fail to be nominated in the primary election from running as a write-in for the same office in the general election. For U.S. President, a declaration of intent as a write-in candidate must include the candidate for Vice President.

SECTION 115.479. TESTING EQUIPMENT. Removes the requirement that automatic tabulating equipment must be tested immediately after counting votes.

SECTION 115.495. PRESIDENTIAL PREFERENCE. Removes old presidential preference language, which Missouri no longer has.

SECTION 115.507. CHANGES DEADLINE & CERTIFICATION OF RETURNS. Changes deadline from the 3rd Thursday to the Thursday after the second Tuesday after each election for the election authority to mail/deliver an abstract of votes to the Secretary of State. Removes provision requiring the county clerk to certify cumulative returns of any county in which there are two boards of election commissioners.

SECTION 115.511. CHANGES DEADLINE. The convening of the board of state canvassers (after a general election) is changed from the 4th to the 2nd Tuesday in December.

SECTIONS 115.531, 115.575 and 115.577. ELECTION CONTESTS. Specifies, in election contests under judicial jurisdiction (excludes state senators and representatives) the contestant is only required to file one petition with the circuit court.

SECTIONS 115.600-601. ERRORS & RECOUNT. With regard to errors in elections, the Secretary of State presently may petition a circuit court only for a recount. This act would allow a petition for new election. Recount is defined in the SCS as one additional counting of all votes counted for the office or question.

SECTION 115.619. COMMITTEEMEN. Removes language which will make the statute consistent with provisions passed last year regarding committeemen and committeewomen who are not elected.

SECTION 115.621. CHANGES DATE. Changes the date in which members of senatorial district committees meet from the 3rd Saturday to the Saturday after the 3rd Tuesday after the August primary and November general elections.

SECTION 115.631 & 115.635. CHANGES PENALTY. Knowingly assisting a person who does not need assistance, or coercing, requesting or suggesting to someone who does need assistance voting is changed from a class 3 election offense (misdemeanor) to a class 1 election offense (felony).

SECTIONS 116.010, 116.030, 116.040, 116.050, 116.160, 116.170, 116.175, 116.180, 116.190, 116.332, 116.334. PETITIONS, BALLOTS, SUMMARY STATEMENT AND FISCAL NOTES. Similar to SCS/SB 27, without the increased penalty provisions. Defines "official ballot title". Requires the full text to be contained on all initiative and referendum petitions, pursuant to Art. III, Sections 28 & 50 of the Missouri Constitution. The Secretary of State shall prepare summary statements (no longer done by the Committee on Legislative Research). The State Auditor shall prepare the fiscal note and fiscal note summary, and the Attorney General approvals the fiscal note summary. The Secretary of State certifies the summary statement, approved fiscal note summary and fiscal note and delivers the official ballot title and fiscal note to the appropriate 'sponsor' of the ballot issue (Speaker if HB, President Pro Tem if SB, or designated person of a petition). Repeals an unconstitutional provision which prohibited the filing of a sample petition more than one year prior to the petition filing deadline. Signatures obtained before certification of the ballot title shall not count. Technical changes are made to ballot title challenges, and any person appealing a circuit court decision regarding a ballot title challenge may appeal directly to the Missouri Supreme Court within 10 days of the decision.

SECTION 116.100. ORDER AND SEQUENCING OF REFERENDUM PETITIONS. Specifies that such petitions shall be in order and sequenced in a specified numbering scheme.

SECTION 116.130. ESTABLISHES DEADLINE. Places deadline (2 week after submission of petition) on when copies of petition pages are to be sent to an election authority for verification, if the Secretary of State chooses to have the election authority verify of each signature. The deadline is 3 weeks if verification will be by random sampling. The election authority would have 2 weeks to complete and certify verification by random sampling and would have until the 11th Tuesday before the election to complete, certify and deliver verification of each signature.

SECTION 116.240. CHANGES DEADLINE. Currently, the Secretary of State is required to send each election authority of legal notice by the 8th Tuesday before the election. This act would change it to the 10th Tuesday.

SECTION 116.260. PUBLISHING BALLOT MEASURES. This section is modified to require the publishing of statewide ballot measure texts in 2 newspapers of different political faiths, if possible, and changes the date of last publication from not less than 5 days before the election to between 30 and 15 days before the election.

SECTION 247.180. WATER DISTRICTS. Public water supply district elections could be held in February, April, June, August (even years only) or November. Current law states that such elections only may be conducted in April or June, although section 115.005 states that Chapter 115, RSMo applies to all public elections (except elections requiring property ownership).

SECTION 1. ESTABLISHES AN ELECTION. Any county, city, town or village may hold an election on the first Tuesday after the first Monday in August, 1997. EMERGENCY CLAUSE FOR THIS SECTION.

This act is similar to SCS/HCS/HB 696 (1997).

MARGARET J. TOALSON