SB 0346 - Fiscal Note

Fiscal Note - SB 0346 - Modifies provisions of election law, including the Presidential Primary

COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION

FISCAL NOTE

L.R. NO.: 1461-06

BILL NO.: HCS for SCS for SB 346

SUBJECT: Elections: Secretary of State

TYPE: Original

DATE: April 26, 1999

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FISCAL SUMMARY

ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
General Revenue	($1,953,660 to Unknown)	$0 or (Unknown)	$0 or (Unknown)
Total Estimated Partial Net Effect on All State Funds	($1,953,660 to Unknown)*	$0 or (Unknown)*	$0 or (Unknown)*

* Unknown costs could exceed $100,000 per year if reprinting of ballots would be required on a statewide basis.

ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
Total Estimated Net Effect on All Federal Funds	$0	$0	$0

ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED	FY 2000	FY 2001	FY 2002
Local Government	($135,960 to Unknown)	($163,152 to Unknown)	($163,152 to Unknown)

Numbers within parentheses: ( ) indicate costs or losses

This fiscal note contains 12 pages.

FISCAL ANALYSIS

ASSUMPTION

Section 115.652: St. Louis County Mail in Ballot Pilot Project

Secretary of State election officials assumes the estimated cost for St. Louis County to conduct a mail ballot election for the presidential primary is $.98 per ballot for optical scan ballots or $3.05 per ballot for punch card ballots. (These ballot estimates were given to our office by Judge Taylor from the St. Louis county Board of Election Commissioners.) There are approximately 667,000 registered voters. $.98 x 667,000 = $653,660 as compared to $3.05 x 667,000 = $2,034,350. The cost of conducting a March presidential primary as a traditional election is St. Louis County using election judges at polling places is estimated at $500,000. Adding approximately $153,660 to OA's fiscal impact should St. Louis County conduct a mail ballot election using optical scan ballots.

Oversight will show costs of conducting a pilot program for a mail-in-ballot Presidential primary election as $0 or ($153,660) to the Office of Administration. If the Board of Election Commissioners of St. Louis County decides not to conduct the pilot program there would be no additional fiscal impact to the state's General Revenue Fund. This provision expires on July 1, 2000.

Sections 115.123.2 and 115.755 - Presidential Primary

The Office of Administration (OA) officials assume the state will fully reimburse local election authorities for the cost of the presidential primary. The Secretary of State (SOS) surveyed the local election authorities as to the cost of a March presidential primary. The local election authorities responded that it would cost $3,300,000. The estimated cost for an April presidential primary is $1,500,000. This proposal will therefore cost General Revenue an additional $1,800,000.

The office of Administration requested $1,500,000 in their Fiscal Year 2000 budget for the costs of an April presidential primary. The additional $1,800,000 that this legislation is estimated to cost is not included in the Fiscal Year 2000 budget request.

Officials of the Board of Election Commissioners of St. Louis County officials assume holding the Presidential Preference Primary in March and not April would create an administrative problem for their election board. Officials stated that holding 3 elections back to back would be very difficult. Officials stated that the state would save approximately $500,000 by holding the election in April rather than March.

ASSUMPTION (continued)

The Boone County Clerk assumes that by holding the Presidential Preference Primary in March rather than April would generate election costs savings to the County and all other political subdivisions that would be holding their election in April. Boone County officials estimate savings to their county at $26,000.

Based on Boone County's response Oversight will show local government fiscal impact as a positive unknown in fiscal year 2000. Local governments holding elections in March of FY2000 would split proportionately the costs of conducting a Presidential Preference Primary, which could be an increase in election costs for those political subdivisions, however it is not known if there will be any other political subdivisions holding an election in March.

Section 3 Reprinting of ballots

Officials from the Office of the Secretary of State (SOS) stated there would be fiscal impact to General Revenue. Officials stated that to estimate or calculate the fiscal impact for any given year is not possible. Officials assume that death of a candidate, litigation etc.. could cause changes in a ballot as was the case in 1996. Officials stated that cost to General Revenue is unknown.

Local election authorities from the Kansas City Election Board assume this proposal would result in savings of approximately $12,000 to $15,000 for reprinting costs in even numbered election years if these costs were paid by the state.

Local election authorities in response to identical legislation from last session submitted the following statements: Election authorities from Monroe County Clerk's Office, Cole County Clerk's Office, and the Board of Election Commissioners of St. Louis County assume this proposal would save their counties the cost of reprinting ballots. St. Louis County election authorities stated they paid approximately $4,277 for the reprinting of ballots in 1996. Monroe County officials stated they spent $600 in 1996, and Cole County Officials spent $4,700 in 1996.

Oversight assumes that:

1) this proposal could have fiscal impact to the State's General Revenue Fund in a given fiscal year:

2) the state would reimburse local election authorities an amount equal to the cost of reprinting ballots on statewide election certified by the Secretary of State:

3) in any given fiscal year that unforseen events would not occur there would be no fiscal impact.

ASSUMPTION (continued)

Section 115. 155.7: Post Card Registration

Secretary of State (SOS) assumes no state fiscal impact from this section.

The Franklin County Clerk stated that the words "any document" could mean any size of paper product which could require some expense to accommodate registration. Officials assume no fiscal impact.

The Boone County Clerk assumes that additional filing system capabilities would be required. Officials stated that they currently file only 5x7 cards, however, officials assume this section would require development of a system to handle any form submitted. Officials assume the cost of an electronic filing system would be ($15,000).

The Greene County Clerk assumes to accept as a post card application "any document" which follows the federal or state application format would have to be electronically scanned.

Officials estimate hardware and software cost at $10,000. Additional labor cost is unknown.

The Kansas City Election Board assumes no fiscal impact from this section.

Oversight will show cost of this section as $0 or (Unknown) because some election authorities estimate no impact while other election authorities estimate additional costs.

Section 115.298: Absentee Ballot Collection Teams

Secretary of State officials assume no state fiscal impact.

The Franklin County Clerk estimates costs for Franklin County at $1,158.

The Cole County Clerk stated that last years absentee collection costs was $358.

The Mississippi County Clerk estimates cost of $4,300 to provide bi-partisan ballot collection teams.

The Greene County Clerk assumes to provide a bi-partisan team to "assist and collect absentee ballots when requested "would have fiscal impact. Officials assume that absentee voting begins six weeks prior to election day (30 days). Assuming the team would operate 8 hours per day (480 hours for 2 workers) at $7.52 per hour equals $3,610 plus mileage.

ASSUMPTION (continued)

The St. Louis County Board of Election Commission stated that they currently have absentee ballot collection teams for the two major parties, however, officials assume there could be additional team members due to the emergence of additional parties.

Kansas City Election Board officials stated they currently have absentee ballot teams however, they are not approved by the local parties. Officials assume no fiscal impact.

Oversight will use estimates made by the Secretary of State in fiscal note #841-01 or HB 294. In House Bill 294 the state was required to pay the cost of providing bi-partisan absentee ballot collection teams on a statewide basis.

Officials stated there are 116 election authorities in Missouri x 2 people for a bi-partisan team = 132 people x 40 hours for each election = 5,280 x 6 election dates per year = 31,680 hours per year x $5.15 per hour = ($163,152) statewide annually.

Section 115.770: Party Ballots Selected

Section 115.770 requires election judges to note the party ballot selected by each voter. The election authority would forward the data in the manner prescribed in Section 115.157.

The Boone County Clerk estimates they would need additional election day staff which would cost the election authority an additional $12,800. Officials also estimate additional costs of $4,300 for reprogramming and $1,500 for 150 hours of data entry.

The Franklin County Clerk assumes no fiscal impact.

The Greene County Clerk assumes that they would need 2 additional election judges per 113 precincts, (2x113-226); 226 judges x $90=$20,340. Officials also estimate they would need 200 hours of data entry. 200 hours x $7.52=$1,504. Officials estimate total cost of ($20,340 + $1,504) $21,844.

The Johnson County Clerk responding to almost identical legislation (fiscal note # 1478-07, HB 676 assumes that to comply with the provisions of Section 115.770 would require additional workers for the recording, reporting and purging of the ballot selection. Officials estimate additional cost at $3,000.

Kansas City Election Board officials assume the provisions of Section 115.770 would cause the election board to hire 2 additional judges for each poll. Officials estimate costs would be approximately $8,000.

ASSUMPTION (continued)

Officials assume that the cost of hiring additional judges would be added cost of the Presidential Primary. Officials assume that the State of Missouri would pay these costs per Section 115.785, therefore, officials assume no fiscal impact.

St. Louis county Board of Election Commission officials stated that Section 115.770 would have fiscal impact. Officials estimate that additional staffing would be required and officials estimate that approximately $34,000 for new hardware, programs, and necessary equipment would be needed.

Officials assume they would be reimbursed by the state for the additional labor costs.

Oversight assumes the following concerning cost associated with Section 115.770.

Oversight assumes that:

1) the provisions of Section 115.770 pertains only to the Presidential Primary;

2) the state of Missouri would pay the costs of the Presidential Primary;

3) if local election authorities would have to hire additional election judges to comply with the provisions of Section 115.770 the cost would be considered costs of the Presidential Primary resulting in increased costs to the State's General Revenue Fund.

Oversight will show costs to the Office of Administration as $0 or (Unknown) because cost is indeterminable, and some election authorities estimate no fiscal impact.

Section 115.231: Use of paper ballots in Presidential Primary

The Marion County and Franklin County Clerks assume that being allowed to use paper ballots during the Presidential Primary would save some election cost. Officials did not estimate cost savings however, Oversight assumes any savings would be minimal. Savings will be shown as unknown.

Officials of the Missouri Ethics Commission (MEC) assume the provisions of this proposal would have no fiscal impact on commission funds.

Department of Revenue (DOR) officials assume any fiscal impact from this proposal would be minimal and could be handled with existing staff and appropriation.

FISCAL IMPACT - State Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
GENERAL REVENUE FUND
Cost to Office of Administration
Presidential Preference Primary
(section 115.123.2)		($1,800,000)	$0$0
Pilot Program	$0 or
(section 115.652)	($153,660)	$0	$0
Party Ballot Selection
(section 115.770)	$0 or	$0	$0
	(Unknown)
Cost to General Revenue
Reprinting of ballots
Reimbursement to counties
(section 3)	$0 or	$0 or	$0 or
	(Unknown)*	(Unknown)*	(Unknown)*
ESTIMATED PARTIAL NET EFFECT
TO GENERAL REVENUE FUND	($1,953,660 to	$0 or	$0 or
	Unknown	(Unknown)	(Unknown)
*(Section 3) If a reprinting of ballots would be required on a statewide basis, costs could exceed $100,00 in a given year.
FISCAL IMPACT - Local Government	FY 2000	FY 2001	FY 2002
	(10 Mo.)
Savings to Certain Political Subdivisions
from election costs-due to change
in presidential primary date change	Unknown#	$0	$0
(Section 115.123.2)
FISCAL IMPACT - Local Government	FY 2000	FY 2001	FY 2002
(continued)	(10 Mo.)
Savings to Certain Political
Subdivisions
Using paper ballots
(Section 115.231)	Unknown#	$0	$0
Income to Election Authorities
Reimbursement of reprinting of
ballots
(section 3)	$0 or	$0 or	$0 or
	Unknown*	Unknown*	Unknown*
Cost to Election Authorities
Printing of ballots
(section 3)	$0 or	$0 or	$0 or
	(Unknown)*	(Unknown)*	(Unknown)*
Cost to Certain Election Authorities
Absentee ballot collection teams
(section 115.298)	($135,960)	($163,152)	($163,152)
Costs to Certain Election Authorities
Post card registration
(section 115.155.7)	$0 or	$0 or	$0 or
	(Unknown)	(Unknown)	(Unknown)
ESTIMATED PARTIAL NET EFFECT
TO LOCAL GOVERNMENTS	($135,960 to	($163,152 to	($163,152 to
	Unknown)	Unknown)	Unknown)
*Oversight assumes income and costs would be the same amount resulting in no fiscal impact.
#Savings are unknown and are not reflected in totals. Oversight would expect savings to local governments to be minimal.
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.

DESCRIPTION

This proposal makes several changes to election laws. The proposal:

(1) Requires candidates to file financial interest statements within 21 days, not 25 days, after the close of filing for election;

(2) Removes the requirement that petition circulators be registered voters;

(3) Adds section 115.298 states that the election authority shall appoint and may hire one person appointed by the chair of the two major parties in the county to go together as a team to assist and collect absentee ballots when requested.

Section 115.123.2:

(4) Changes the date of the presidential primary election from April to March;

(5) Revises the voter registration application to make place of birth optional and the last four digits of one's Social Security Number required for registration;

(6) Makes it the responsibility of local election authorities, not the Secretary of State, to set fees for copying voter registration lists;

Section 115.157:

(7) States that all election authorities must forward within six months after the election, all voter history via computers to the centralized voter registration system maintained by the Secretary of State;

(8) Specifies that the use of the term "electronic media" does not mean that voter information will be available on the Internet.

(9) Clarifies provisions relating to permanently disabled voters;

(10) Applies the prohibition against helping multiple voters to vote at the polls to absentee ballots. This prohibition does not apply to election judges, immediate family members,

bi-partisan ballot collection teams, the election authority or members of the election authorities staff;

(11) Requires candidates' addresses on the candidate declaration form;

(12) Removes the gap in time between the deadline for voluntary withdrawals as a candidate and the date court-ordered withdrawals begin;

(13) Clarifies that the Secretary of State or local election authorities must give notice of candidate vacancies to the chair or vice chair of the appropriate nominating committees;

DESCRIPTION (continued)

(14) Prohibits a nominating committee chair from selecting himself or herself as the committee's candidate;

Section 115.453.4:

(15) Requires candidates filing a declaration of intent to be a write-in candidate to file these declarations with the appropriate filing officer, write-in votes would be counted only for candidates for election to state or federal office who have filed a declaration of intent to be a write-in candidate for election to state or federal office with the Secretary of State prior to 5:00 p.m. on the second Friday immediately preceding the election day;

(16) Clarifies the process and forms for delivering election returns to the Secretary of State;

(17) Sets new meeting dates for county, congressional, legislative, senatorial, and judicial district committees;

(18) Removes the provision that election authorities must seize campaign materials that mislead voters to believe a candidate is the incumbent for the office sought;

(19) Changes provisions on when to file and how to file for the presidential primary election;

Section 115.785:

(20) Requires the state to pay its proportionate share for the cost of the presidential primary election; and

(21) Deletes outdated laws relating to filling candidate vacancies, entering dates on ballots, defining established political parties, and binding delegates at national party

conventions.

(22) Prohibits the election authority in St. Louis County from releasing the list of persons applying for absentee ballots until the Friday before an election. This prohibition currently applies to the election authorities in St. Louis, Kansas City, and Jackson County;

(23) When a ballot measure submitted to an election authority has an identical or substantially identical ballot title as another ballot measure that will appear on the same ballot, the election authority shall consult with the governing body that submitted the identical or substantially identical measures and rename one or more of the measures. This section shall not apply to individuals whose names appear on the ballot.

Section 115.155.7

(24) Allows election authorities to accept any document in the format of the federal post card application or state voter registration form if an original signature is on the form; this section would become effective July 1, 2000.

DESCRIPTION (continued)

(25) Lets political parties hold their meetings at the county courthouse for no charge in first class counties. This is already done in second and third class counties;

(26) Makes it a class four election offense to post signs supporting or opposing candidates or ballot questions anywhere on the property of polling places on election days. The maximum penalty for class four election offenses is one year in prison and a $2,500 fine;

(27) Section 115.231 clarifies that polling places using electronic voting machines would be allowed to use paper ballots for the Presidential Preference Primary.

Section 3:

(28) Makes the state pay for reprinting a statewide election ballot when a court-ordered change to the ballot language is ordered making reprinting necessary.

(29) Section 115.283 would require any person providing assistance to absentee voters to include a statement on the envelope identifying the person providing assistance under penalty of perjury.

(30) Section 115.615 would require County Committees in first class counties to conduct organizational meetings on the third Tuesday of August in primary election years. Current law only requires Second and Third Class Counties to hold organizational meetings at this time.

(31) Section 115.647: Any non-incumbent candidate who would circulate or distribute any printed matter or would disseminate any information on radio or tv that would lead voters to believe they were the incumbent of the office sought would be guilty of a class four election offense.

(32) Section 115.652 would allow St. Louis County to conduct a mail in ballot for candidates as a pilot program. The pilot program would expire July 1, 2000. The Pilot Program would be conducted pursuant to rules promulgated by the Secretary of State.

(33) Section 115.770 provides that Election Judges at a Presidential Primary would be required to note, in a manner prescribed by the Secretary of State, the party ballot selected by each voter. Each election authority would forward the data in the manner prescribed in Section 115. 157.

All data would be destroyed on or before the first day of January of the year immediately following the Presidential election.

Section 1:

(36) Beginning January 1, 2000 all reports filed with the Ethics Commission by any candidate for statewide office would be filed in electronic format, except candidates who receive five thousand dollars or less would not have to file electronically.

DESCRIPTION (continued)

Section2:

(37) When a ballot measure submitted to an election authority has an identical or substantially identical ballot title as another ballot measure that will appear on the same ballot, the election authority would be allowed to rename one or more of the measure.

(38) Section 115.635.12 would make the collection of ballots other than by bi-partisan teams a class three election offense.

This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.

SOURCES OF INFORMATION

Department of Revenue

Office of Administration

Missouri Ethics Commission

Secretary of State

Kansas City Election Board

St. Louis County Board of Elections

Taney County Clerk

Boone County Clerk

Cole County Clerk

Mississippi County Clerk

Franklin County Clerk

Monroe County Clerk

Greene County Clerk

Johnson County Clerk

Marion County Clerk

NOT RESPONDING: The County Clerks of: Callaway, Jasper, and Buchanan Counties.

Jeanne Jarrett, CPA

Director

April 26, 1999