CCS SS SCS HS HB 511 -- ELECTIONS

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

(1)  Authorizes the Governor to appoint additional nonvoting
representatives to the boards of election commissioners (Section
115.027, RSMo);

(2)  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
(Section 115.073);

(3)  Specifies that federal funds may be used 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);

(4)  Establishes a fund within the state treasury for grants for
election administration improvements and establishes a revolving
loan fund for improving the administration of elections through
loans.  The bill also clarifies that the money deposited in the
Elections Administration Improvements Fund may be transferred to
the loan fund.  No moneys obtained through the fund will be made
a part of the general operating budget of an election authority,
and moneys from the fund will not be used to supplant other
federal, state, or local funds expended for elections.  There is
an emergency clause for this section to expedite the receipt of
federal funds (Section 115.078);

(5)  Establishes a statewide pool of 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 of
boards and commissions of political subdivisions are allowed to
serve as election judges (Section 115.085);

(6)  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);

(7)  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);

(8)  Allows election authorities to designate up to four
additional common sites as central polling places designed for
accessibility to voters with physical disabilities, the elderly,
and other voters authorized to vote at central polling places.
Subject to sufficient funding, the Secretary of State will
develop a comprehensive plan for increased polling place
accessibility (Section 115.115);

(9)  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);

(10)  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, except for municipal
elections in Kansas City, where the filing deadline remains the
fifteenth Tuesday prior to an election (Section 115.127);

(11)  Includes technical changes in sections revised by Senate
Bill 675 in 2002 (Sections 115.133, 115.135, and 115.277);

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

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

(14)  Establishes the Missouri Voter Registration System to
comply with Section 303 of HAVA.  The bill 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);

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

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

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

(18)  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);

(19)  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 before an
election (Section 115.284);

(20)  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);

(21)  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);

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

(23)  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 that persons voting provisional
ballots because their eligibility in a particular jurisdiction
cannot be immediately verified may vote at a central polling
place established in Section 115.115; 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
persons who vote after the polls close, which is required by
Section 302(c) of HAVA (Section 115.430);

(24)  Provides that, upon request, an election authority will
designate a polling place more accessible to a disabled voter
than the voter's regular polling place (Section 115.436);

(25)  Adds to class four election offenses the stealing or
willful defacing, mutilating, or destroying of campaign yard
signs, with certain exceptions (Section 115.637);

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

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

(28)  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);

(29)  Deletes a prohibition against school district employees or
certain relatives running for the school board in the City of St.
Louis (Section 162.601);

(30)  Allows 5% of the registered voters who are patrons of a
water supply district or 20 registered voters who are patrons of
each subdistrict, whichever is less, to petition to detach and
exclude that part of the public water supply district lying
within the corporate limits of the city as the limits have been
extended (Section 247.170); and

(31)  Changes the term of office from three to four years for the
fire protection district director receiving the second highest
number of votes (Section 321.120).

The bill has an emergency clause for Section 115.078.

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