SECOND REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SCHOEMEHL (Sponsor), JOHNSON (90), MEADOWS, SALVA,
THOMPSON, WALSH, DARROUGH, WALKER, DAVIS (122), SWINGER, HARRIS (110), BURNETT,
DONNELLY, WILSON (42), ZWEIFEL, HENKE, BARNITZ, SAGER, KUESSNER, JOLLY,
MUCKLER, LeVOTA, LIESE, WHORTON AND CORCORAN (Co-sponsors).
Read 1st time April 20, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal section 115.427, RSMo, and to enact in lieu thereof one new section relating to forms of personal identification of voters.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 115.427, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 115.427, to read as follows:
115.427. 1. Before receiving a ballot, voters shall identify themselves by presenting a form of personal identification from the following list:
(1) Identification issued by the state of Missouri, an agency of the state, or a local election authority of the state. If the identification presented under this subdivision is a driver's license, only a current and valid license shall be acceptable under this subdivision;
(2) Identification issued by the United States government or agency thereof;
(3) Identification issued by an institution of higher education, including a university, college, vocational and technical school, located within the state of Missouri;
(4) A copy of a current utility bill, bank statement, government check, paycheck or other government document that contains the name and address of the voter;
(5) A current and valid driver's license or state identification card issued by another state; or
(6) Other identification approved by the secretary of state under rules promulgated pursuant to subsection 3 of this section other identification approved by federal law.
Personal knowledge of the voter by two supervising election judges, one from each major political party, shall be acceptable voter identification upon the completion of a secretary of state-approved affidavit that is signed by both supervisory election judges and the voter that attests to the personal knowledge of the voter by the two supervisory election judges. The secretary of state may provide by rule for a sample affidavit to be used for such purpose.
2. The precinct register shall serve as the voter identification certificate. The following form shall be printed at the top of each page of the precinct register: VOTER'S IDENTIFICATION CERTIFICATE
Warning: It is against the law for anyone to vote, or attempt to vote, without having a lawful right to vote.
PRECINCT
WARD OR TOWNSHIP .................................................................................... GENERAL (SPECIAL, PRIMARY) ELECTION
Held ...................................................., 20......
Date
I hereby certify that I am qualified to vote at this election by signing my name and verifying my address by signing my initials next to my address.
3. The secretary of state shall promulgate rules to effectuate the provisions of this section.
4. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.
5. If any voter is unable to sign his name at the appropriate place on the certificate or computer printout, an election judge shall print the name and address of the voter in the appropriate place on the precinct register, the voter shall make his mark in lieu of signature, and the voter's mark shall be witnessed by the signature of an election judge.