HS HB 511 -- ELECTIONS (Deeken)

This substitute revises the election laws, predominately to
facilitate compliance with the federal Help America Vote Act of
2002 (HAVA).  In its main provisions, the substitute:

(1)  Requires the Governor to appoint election commissioners who
are not of the same political party as the Governor from a list
submitted by the state committee of that party and authorizes the
Governor to appoint additional nonvoting representatives to the
boards of election commissioners (Section 115.027, RSMo);

(2)  Specifies that federal funds may be used also for loan
programs to the local election authorities and authorizes the
Secretary of State to allow, rather than require, local election
authorities to match the federal funds (Sections 115.074,
115.076, 115.098, and 115.801);

(3)  Establishes a fund within the state treasury for grants to
be used for election administration improvements and establishes
a revolving loan fund to be used for improving the administration
of elections through loans.  The substitute also clarifies that
the money deposited in the Elections Administration Improvements
Fund may be transferred to the loan fund (Section 115.078);

(4)  Establishes a statewide pool for election judges and
requires election authorities, before appointing judges from
another jurisdiction, to obtain written consent from the election
authority of the jurisdiction where the prospective judges are
registered to vote.  In addition, employees of the state and
boards are allowed to serve as election judges (Section 115.085);

(5)  Clarifies that challengers and watchers must be registered
voters from the jurisdiction of the election authority for which
the challenger or watcher is designated (Sections 115.105 and
115.107);

(6)  Prohibits a court from ordering an issue or candidate placed
on the ballot less than six weeks prior to an election, except as
otherwise authorized by law (Section 115.125);

(7)  Includes technical changes from last year's bill (Sections
115.133, 115.135, and 115.277);

(8)  Adds information to the registration form as required by
Section 303(b)(4) of HAVA (Section 115.155);

(9)  Requires election authorities to forward to the Secretary of
State registration and other information in a manner that
complies with HAVA (Section 115.157);

(10)  Establishes the Missouri Voter Registration System to
comply with Section 303 of HAVA.  The substitute also includes
voter registration verification provisions required by Section
303 of HAVA, clarifies the meaning of "commercial purposes," and
specifies that local election authorities must forward data in
accordance with the requirements of HAVA (Section 115.158);

(11)  Adds provisions concerning identification requirements and
fail-safe voting for mail-in registrants as required by Section
303 of HAVA (Section 115.159);

(12)  Defines "overseas voter" (Section 115.275);

(13)  Makes changes relating to uniformed and overseas citizens
as required by Sections 703, 704, 705, and 707 of HAVA (Section
115.279);

(14)  Allows election authorities to deliver absentee ballots not
earlier than 10 weeks before an election.  Current law allows the
ballots to be delivered not earlier than six weeks (Section
115.284);

(15)  Clarifies language regarding confined voters, requires a
team to deliver absentee ballots to confined voters, and changes
the color of a stamp on the ballot envelope (Section 115.287);

(16)  Specifies that a special write-in absentee ballot may be
requested for special or primary federal elections in addition to
general elections (Section 115.292);

(17)  Adds language concerning voter education provisions as
required by Section 302(b) of HAVA (Section 115.417);

(18)  Clarifies that a provisional ballot cast at the wrong
polling place will not be counted as authorized by Section
302(a)(4) of HAVA; requires the Secretary of State to ensure that
a toll-free access system for provisional voters is established;
and addresses the handling of ballots for voters who vote after
the polls close, which is required by Section 302(c) of HAVA
(Section 115.430);

(19)  Changes the month for the presidential primary from March
to February (Section 115.761);

(20)  Adds new language intended to facilitate fair ballot
language on statewide measures (Section 116.025);

(21)  Modifies procedures for the review and approval of ballot
summaries, fiscal notes, and fiscal note summaries for measures
placed on the ballot by the General Assembly and for petitions
being circulated for signatures to place measures on the ballot.
Any court challenge to a ballot summary, fiscal note, or fiscal
note summary must state the reason or reasons they are
insufficient or unfair.  If the court considers a fiscal note or
fiscal note summary, it will either certify the note or summary
to the Secretary of State or remand the fiscal note or fiscal
note summary to the State Auditor for revision.  If a fiscal note
or fiscal note summary is found to be insufficient by the
Attorney General, the note or summary will be returned to the
State Auditor for revision (Sections 116.175 and 116.190);

(22)  Makes the establishment of training courses for election
judges mandatory rather than discretionary and requires that the
courses include substantially the curriculum developed by the
Secretary of State in accordance with HAVA (Section 115.103);

(23)  Changes the opening filing date from the fifteenth Tuesday
to the sixteenth Tuesday prior to an election for an office in a
political subdivision or special district (Section 115.127);

(24)  Clarifies that notary publics cannot charge or collect a
fee for notarizing absentee ballots or absentee voter
registrations, repeating language already in current law, Section
486.350 (Section 115.283); and

(25)  Requires that the annual general operating expenditures
from the general revenue fund of Platte County or any city in
Platte County be subject to the budgeting approval of the county
or city governing body to ensure expenditures reasonable and
necessary to adequately fund elections (Section 115.073).

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$37,009 in FY 2004, $40,811 to Unknown in FY 2005, and $41,833 to
Unknown in FY 2006.  Unknown cost is for State's 5% match and is
expected to exceed $100,000.  Estimated Net Cost to Highway Fund
of $16,800 in FY 2004, $0 in FY 2005, and $0 in FY 2006.

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am