FIRST REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DEEKEN.
Read 1st time March 1, 2007 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 115.123, 115.159, 115.163, 115.349, 115.430, 115.755, 115.758, 115.761, 115.765, 115.767, 115.770, 115.773, 115.776, 115.785, RSMo, and section 115.427 as enacted by house substitute for house committee substitute for senate substitute for senate committee substitute for senate bill no. 675, ninety-first general assembly, second regular session, and section 115.427 as enacted by conference committee substitute no. 2 for house committee substitute for senate substitute no. 2 for senate committee substitute for senate bill nos. 1014 & 730, ninety-third general assembly, second regular session, and to enact in lieu thereof seven new sections relating to elections, with an emergency clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 115.123, 115.159, 115.163, 115.349, 115.430, 115.755, 115.758, 115.761, 115.765, 115.767, 115.770, 115.773, 115.776, 115.785, RSMo, and section 115.427 as enacted by house substitute for house committee substitute for senate substitute for senate committee substitute for senate bill no. 675, ninety-first general assembly, second regular session, and section 115.427 as enacted by conference committee substitute no. 2 for house committee substitute for senate substitute no. 2 for senate committee substitute for senate bill nos. 1014 & 730, ninety-third general assembly, second regular session, are repealed and seven new sections enacted in lieu thereof, to be known as sections 115.123, 115.159, 115.163, 115.349, 115.427, 115.428, and 115.430, to read as follows:
115.123. 1. All public elections shall be held on Tuesday. Except as provided in subsections 2, 3, and 4 of this section, and section 247.180, RSMo, all public elections shall be held on the general election day, the primary election day, the general municipal election day, the first Tuesday after the first Monday in February or November, or on another day expressly provided by city or county charter, the first Tuesday after the first Monday in June and in nonprimary years on the first Tuesday after the first Monday in August.
2. [Notwithstanding the provisions of subsection 1 of this section, an election for a presidential primary held pursuant to sections 115.755 to 115.785 shall be held on the first Tuesday after the first Monday in March of each presidential election year.
3.] The following elections shall be exempt from the provisions of subsection 1 of this section:
(1) Bond elections necessitated by fire, vandalism or natural disaster;
(2) Elections for which ownership of real property is required by law for voting; and
(3) Special elections to fill vacancies and to decide tie votes or election contests.
[4.] 3. No city or county shall adopt a charter or charter amendment which calls for elections to be held on dates other than those established in subsection 1 of this section.
[5.] 4. Nothing in this section prohibits a charter city or county from having its primary election in March if the charter provided for a March primary before August 28, 1999.
[6.] 5. Nothing in this section shall prohibit elections held pursuant to section 65.600, RSMo, but no other issues shall be on the March ballot except pursuant to this chapter.
115.159. 1. Any person who is qualified to register in Missouri shall, upon application, be entitled to register by mail. Upon request, application forms shall be furnished by the election authority or the secretary of state.
2. Notwithstanding any provision of law to the contrary, the election authority shall not deliver any absentee ballot to any person who registers to vote by mail until after such person has:
(1) Voted, in person, after presentation of a proper form of identification set out in section 115.427 or 115.428, for the first time following registration; or
(2) Provided a copy of identification set out in section 115.427 or 115.428 to the election authority.
This subsection shall not apply to those persons identified in section 115.283 who are exempted from obtaining a notary seal or signature on their absentee ballots. An individual who has registered to vote by mail but who does not meet the requirements of this subsection may cast a provisional ballot by mail. Such ballot shall not be counted pursuant to this chapter, and the individual shall be notified of the reason for not counting the ballot.
3. Subsection 2 of this section shall not apply in the case of a person:
(1) Who registers to vote by mail pursuant to Section 6 of the National Voter Registration Act of 1993 and submits a copy of a current and valid photo identification as part of such registration;
(2) Who registers to vote by mail pursuant to Section 6 of the National Voter Registration Act of 1993 and:
(a) Submits with such registration either a driver's license number, or at least the last four digits of the individual's Social Security number; and
(b) With respect to whom the secretary of state matches the information submitted pursuant to paragraph (a) of this subdivision with an existing state identification record bearing the same number, name, and date of birth as provided in such registration;
(3) Who is:
(a) Entitled to vote by absentee ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act;
(b) Provided the right to vote otherwise than in person pursuant to Section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act; or
(c) Entitled to vote otherwise than in person pursuant to any other federal law.
115.163. 1. Each election authority shall use the Missouri voter registration system established by section 115.158 to prepare a list of legally registered voters for each precinct. The list shall be arranged alphabetically or by street address as the election authority determines and shall be known as the "precinct register". The precinct registers shall be kept by the election authority in a secure place, except when given to election judges for use at an election. Except as provided in subsection 2 of section 115.157, all registration records shall be open to inspection by the public at all reasonable times.
2. A new precinct register shall be prepared by the election authority prior to each election.
3. The election authority shall send to each voter a voter notification card no later than ninety days prior to the date of a primary or general election for federal office, unless the voter has received such a card during the preceding six months. The voter notification card shall contain the voter's name, address, and precinct. The card also shall inform the voter of the personal identification requirement in section 115.427 or 115.428 and may also contain other voting information at the discretion of the election authority. The voter notification card shall be sent to a voter after a new registration or a change of address. If any voter shall lose his voter notification card, he may request a new one from the election authority. The voter notification card authorized pursuant to this section may be used as a canvass of voters in lieu of the provisions set out in sections 115.179 to 115.193. Except as provided in subsection 2 of section 115.157, anyone, upon request and payment of a reasonable fee, may obtain a printout, list and/or computer tape of those newly registered voters or voters deleted from the voting rolls, since the last canvass or updating of the rolls. The election authority may authorize the use of the postal service contractors under the federal National Change of Address program to identify those voters whose address is not correct on the voter registration records. The election authority shall not be required to mail a voter registration card to those voters whose addresses are incorrect. Confirmation notices to such voters required by section 115.193 shall be sent to the corrected address provided by the National Change of Address program.
115.349. 1. Except as otherwise provided in sections 115.361 to 115.383 [or sections 115.755 to 115.785], no candidate's name shall be printed on any official primary ballot unless the candidate has filed a written declaration of candidacy in the office of the appropriate election official by 5:00 p.m. on the last Tuesday in March immediately preceding the primary election.
2. No declaration of candidacy for nomination in a primary election shall be accepted for filing prior to 8:00 a.m. on the last Tuesday in February immediately preceding the primary election.
3. Each declaration of candidacy for nomination in a primary election shall state the candidate's full name, residence address, office for which such candidate proposes to be a candidate, the party ticket on which he or she wishes to be a candidate and that if nominated and elected he or she will qualify. The declaration shall be in substantially the following form:
I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , a resident and registered voter of the county of . . . . . . . . . . . and the state of Missouri, residing at . . . . . . . , do announce myself a candidate for the office of . . . . . . on the . . . . . . party ticket, to be voted for at the primary election to be held on the . . . . day of . . . . . . , . . . , and I further declare that if nominated and elected to such office I will qualify.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subscribed and sworn to
Signature of candidate before me this . . . . . day
of . . . . . . . . . , . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Residence address Signature of election
official or other officer
authorized to administer
oaths
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mailing address (if different)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone Number (Optional)
If the declaration is to be filed in person, it shall be subscribed and sworn to by the candidate before an official authorized to accept his or her declaration of candidacy. If the declaration is to be filed by certified mail pursuant to the provisions of subsection 2 of section 115.355, it shall be subscribed and sworn to by the candidate before a notary public or other officer authorized by law to administer oaths.
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 showing the name and a photograph or a digital image of the voter;
(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, showing the name and a photograph or digital image of the voter;
(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) Driver's license or state identification card issued by another state showing the name and a photograph or digital image of the voter; [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;
(7) A document that satisfies all of the following requirements:
(a) The document contains the name of the individual to whom the document was issued, and the name substantially conforms to the most recent signature in the individual's voter registration record;
(b) The document shows a photographic or digital image of the individual;
(c) The document includes an expiration date, and the document is not expired, or if expired, expired not before the date of the most recent general election; and
(d) The document was issued by the United States, this state, or another state;
(8) Any identification containing a photographic or digital image of the individual which is issued by the Missouri National Guard, the United States armed forces, or the United States Department of Veteran Affairs to a member or former member of the Missouri National Guard or the United States armed forces and that does not have an expiration date.
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 election authority shall post a clear and conspicuous notice at each polling place informing each voter who appears at the polling place without a form of personal identification that satisfies the requirements of subsection 1 of this section that the voter may return to the polling place with a proper form of personal identification and vote a regular ballot after election judges have verified the voter's identity and eligibility under subsection 1 of this section. In addition to such posting, the election judges may also inform such voters by written or oral communication of such information posted in the notice. Voters who return to the polling place during the uniform polling hours established by section 115.407 with a current and valid form of personal identification shall be given priority in any voting lines.
3. An individual who appears at a polling place without identification in the form described in subsection 1 of this section and who is otherwise qualified to vote at that polling place may cast a ballot upon executing an affidavit averring that the voter is the person listed in the precinct register and that the voter does not possess a form of identification specified in this section and is unable to obtain a current and valid form of personal identification because of:
(1) A physical or mental disability or handicap of the voter, if the voter is otherwise competent to vote under Missouri law; or
(2) A sincerely held religious belief against the forms of personal identification described in subsection 1 of this section; or
(3) The voter being born on or before January 1, 1941; or
(4) The cost to obtain the documents required to establish the voter's identity, citizenship, or naturalization, for purposes of obtaining a current and valid form of personal identification; or
(5) The length of time required to obtain a current and valid form of personal identification.
4. The affidavit to be used for voting under subsection 3 of this section shall be substantially in the following form:
"State of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
County of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I do solemnly swear (or affirm) that my name is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; that I reside at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and that I am the person listed in the precinct register under this name and at this address. I further swear (or affirm) that I am unable to obtain a current and valid form of personal identification because of:
A physical or mental disability or handicap; or
A sincerely held religious belief; or
My being born on or before January 1, 1941; or
The cost to obtain the documents required to establish my identity, citizenship, or naturalization, for purposes of obtaining a current and valid form of personal identification; or
The length of time required to obtain a current and valid form of personal identification.
I understand that knowingly providing false information is a violation of law and subjects me to possible criminal prosecution.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of voter
Subscribed and affirmed before me this . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . , 20 . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of election official".
5. A voter shall be allowed to cast a provisional ballot under section 115.430 even if the election judges cannot establish the voter's identity under subsection 1 of this section and the voter refuses to execute an affidavit under subsection 3 of this section. The election judges shall make a notation on the provisional ballot envelope to indicate that the voter's identity was unable to be verified and the voter refused to execute an affidavit. The provisional ballot cast by such voter shall not be counted unless the ballot qualifies to be counted under section 115.430.
6. The secretary of state shall provide advance notice of the personal identification requirements of subsection 1 of this section in a manner calculated to inform the public generally of the requirement for photographic personal identification as provided in this section. Such advance notice shall include, at a minimum, the use of advertisements and public service announcements in print, broadcast television, radio, and cable television media, as well as the posting of information on the opening pages of the official state Internet web sites of the secretary of state and governor.
7. 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 (or making my mark) and verifying my address by signing my initials next to my address.
[3.] 8. The secretary of state shall promulgate rules to effectuate the provisions of this section.
[4.] 9. 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.] 10. If any voter is unable to sign [his] the voter's 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] a mark in lieu of signature, and the voter's mark shall be witnessed by the signature of an election judge.
11. The secretary of state shall assist any voter in obtaining any documents needed as proof of citizenship or naturalization for the purpose of obtaining a current and valid form of personal identification for voting purposes. Any request for assistance made under this subsection shall be addressed in an expedited manner. The secretary of state shall design an affidavit to be used for this purpose. The state of Missouri shall pay any legally required fees for any such applicant from the "Voter Identification Fund", which is hereby created in the state treasury. The fund shall consist of moneys appropriated by the general assembly. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, RSMo, the state treasurer may approve disbursements. Upon appropriation, money in the fund shall be used solely for the administration of this section. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
12. This section shall apply to all elections through the August 2008 primary election, and shall expire after such primary election.
13. The provisions of subsections 1 to 10 and subsection 12 of this section shall become effective August 28, 2007, and this subsection shall expire September 1, 2007.
115.428. 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, showing the name and a photograph or digital image of the voter;
(2) Identification issued by the United States government or agency thereof, showing the name and a photograph or digital image of the voter;
(3) Identification issued by an institution of higher education, including a university, college, vocational and technical school, located within the state of Missouri, showing the name and a photograph or digital image of the voter;
(4) Driver's license or state identification card issued by another state, showing the name and a photograph or digital image of the voter;
(5) Other identification approved by federal law;
(6) A document that satisfies all of the following requirements:
(a) The document contains the name of the individual to whom the document was issued, and the name substantially conforms to the most recent signature in the individual's voter registration record;
(b) The document shows a photographic or digital image of the individual;
(c) The document includes an expiration date, and the document is not expired, or if expired, expired not before the date of the most recent general election; and
(d) The document was issued by the United States, this state, or another state;
(7) Any identification containing a photographic or digital image of the individual which is issued by the Missouri National Guard, the United States armed forces, or the United States Department of Veteran Affairs to a member or former member of the Missouri National Guard or the United States armed forces and that does not have an expiration date.
If any of the forms of personal identification listed in this section do not contain the address of the voter, the address may be established by presenting 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. 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 election authority shall post a clear and conspicuous notice at each polling place informing each voter who appears at the polling place without a form of personal identification that satisfies the requirements of subsection 1 of this section that the voter may return to the polling place with a proper form of personal identification and vote a regular ballot after election judges have verified the voter's identity and eligibility under subsection 1 of this section. In addition to such posting, the election judges may also inform such voters by written or oral communication of such information posted in the notice. Voters who return to the polling place during the uniform polling hours established by section 115.407 with a current and valid form of personal identification shall be given priority in any voting lines.
3. An individual who appears at a polling place without identification in the form described in subsection 1 of this section and who is otherwise qualified to vote at that polling place may cast a ballot upon executing an affidavit averring that the voter is the person listed in the precinct register and that the voter does not possess a form of identification specified in this section and is unable to obtain a current and valid form of personal identification because of:
(1) A physical or mental disability or handicap of the voter, if the voter is otherwise competent to vote under Missouri law; or
(2) A sincerely held religious belief against the forms of personal identification described in subsection 1 of this section; or
(3) The voter being born on or before January 1, 1941; or
(4) The cost to obtain the documents required to establish the voter's identity, citizenship, or naturalization, for purposes of obtaining a current and valid form of personal identification; or
(5) The length of time required to obtain a current and valid form of personal identification.
4. The affidavit to be used for voting under subsection 3 of this section shall be substantially in the following form:
"State of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
County of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I do solemnly swear (or affirm) that my name is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; that I reside at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and that I am the person listed in the precinct register under this name and at this address. I further swear (or affirm) that I am unable to obtain a current and valid form of personal identification because of:
A physical or mental disability or handicap; or
A sincerely held religious belief; or
My being born on or before January 1, 1941; or
The cost to obtain the documents required to establish my identity, citizenship, or naturalization, for purposes of obtaining a current and valid form of personal identification; or
The length of time required to obtain a current and valid form of personal identification.
I understand that knowingly providing false information is a violation of law and subjects me to possible criminal prosecution.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of voter
Subscribed and affirmed before me this . . . . . . . . . day of . . . . . . . . . . . . . . . . . , 20 . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of election official".
5. A voter shall be allowed to cast a provisional ballot under section 115.430 even if the election judges cannot establish the voter's identity under subsection 1 of this section and the voter refuses to execute an affidavit under subsection 3 of this section. The election judges shall make a notation on the provisional ballot envelope to indicate that the voter's identity was unable to be verified and the voter refused to execute an affidavit. The provisional ballot cast by such voter shall not be counted unless the ballot qualifies to be counted under section 115.430.
6. The secretary of state shall provide advance notice of the personal identification requirements of subsection 1 of this section in a manner calculated to inform the public generally of the requirement for photographic personal identification as provided in this section. Such advance notice shall include, at a minimum, the use of advertisements and public service announcements in print, broadcast television, radio, and cable television media, as well as the posting of information on the opening pages of the official state Internet web sites of the secretary of state and governor.
7. The provisions of section 136.055, RSMo, and section 302.181, RSMo, notwithstanding, any applicant who requests a nondriver's license with a photograph or digital image for the purpose of voting shall not be required to pay a fee if the applicant executes an affidavit averring that the applicant does not have any other form of photographic personal identification that meets the requirements of subsection 1 of this section. The state of Missouri shall pay the legally required fees for any such applicant. The director shall design an affidavit to be used for this purpose. However, any disabled or elderly person otherwise competent to vote shall be issued a nondriver's license photo identification through a mobile processing system operated by the Missouri department of revenue upon request if the individual is physically unable to otherwise obtain a nondriver's license photo identification. The department of revenue shall make nondriver's license photo identifications available through its mobile processing system only at facilities licensed under chapter 198, RSMo, and other public places accessible to and frequented by disabled and elderly persons. The department shall provide advance notice of the times and places when the mobile processing system will be available. At least nine mobile units housed under the office of administration shall remain available for dispatch upon the request of the department of revenue to fulfill the requirements of this section. The total cost associated with nondriver's license photo identification under this subsection shall be borne by the state of Missouri from funds appropriated to the department of revenue for that specific purpose.
8. The director of the department of revenue shall, by January first of each year, prepare and deliver to each member of the general assembly a report documenting the number of individuals who have requested and received a nondriver's license photo identification for the purposes of voting under this section. The report shall also include the number of persons requesting a nondriver's license for purposes of voting under this section, but not receiving such license, and the reason for the denial of the nondriver's license.
9. 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 (or making my mark) and verifying my address by signing my initials next to my address.
10. If any voter is unable to sign the voter's 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 a mark in lieu of signature, and the voter's mark shall be witnessed by the signature of an election judge.
11. The secretary of state shall assist any voter in obtaining any documents needed as proof of citizenship or naturalization for the purpose of obtaining a current and valid form of personal identification for voting purposes. Any request for assistance made under this subsection shall be addressed in an expedited manner. The secretary of state shall design an affidavit to be used for this purpose. The state of Missouri shall pay any legally required fees for any such applicant from the "Voter Identification Fund", which is hereby created in the state treasury. The fund shall consist of moneys appropriated by the general assembly. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, RSMo, the state treasurer may approve disbursements. Upon appropriation, money in the fund shall be used solely for the administration of this section. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
12. The secretary of state shall promulgate rules to implement the provisions of this section. 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 under 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, 2007, shall be invalid and void.
13. This section shall apply to all elections occurring after the August 2008 primary election.
115.430. 1. This section shall apply to primary and general elections where candidates for federal or statewide offices are nominated or elected and any election where statewide issue or issues are submitted to the voters.
2. (1) A voter claiming to be properly registered in the jurisdiction of the election authority and eligible to vote in an election, but whose eligibility at that precinct cannot be immediately established upon examination of the precinct register, shall be entitled to vote a provisional ballot after providing a form of personal identification required pursuant to section 115.427 or upon executing an affidavit under section 115.427, or may vote at a central polling place as established in section 115.115 where the voter may vote his or her appropriate ballot for his or her precinct of residence upon verification of eligibility or vote a provisional ballot if eligibility cannot be determined. The provisional ballot provided to a voter under this section shall be the ballot provided to a resident of the voter's precinct determined by reference to the affidavit provided for in this section. If the voter declares that the voter is eligible to vote and the election authority determines that the voter is eligible to vote at another polling place, the voter shall be directed to the correct polling place or a central polling place as established by the election authority pursuant to subsection 5 of section 115.115. If the voter refuses to go to the correct polling place or a central polling place, the voter shall be permitted to vote a provisional ballot at the incorrect polling place, but such ballot shall not be counted if the voter was not eligible to vote at that polling place.
(2) The following steps shall be taken to establish a voter's eligibility to vote at a polling place:
(a) The election judge shall examine the precinct register as provided in section 115.425. If the voter is registered and [eligible to vote] presents proper identification at the correct polling place, the voter shall receive a regular ballot;
(b) If the voter's eligibility cannot be immediately established by examining the precinct register, the election judge shall contact the election authority. If the election authority cannot immediately establish that the voter is registered and eligible to vote at the polling place upon examination of the Missouri voter registration system, or if the election judge is unable to make contact with the election authority immediately, the voter shall be notified that the voter is entitled to a provisional ballot.
(3) The voter shall have the duty to appear and vote at the correct polling place. If an election judge determines that the voter is not eligible to vote at the polling place at which a voter presents himself or herself, and if the voter appears to be eligible to vote at another polling place, the voter shall be informed that he or she may cast a provisional ballot at the current polling place or may travel to the correct polling place or a central polling place, as established by the election authority under subsection 5 of section 115.115, where the voter may cast a regular ballot or provisional ballot if the voter's eligibility still cannot be determined. Provisional ballots cast at a polling place shall be counted only if the voter was eligible to vote at such polling place as provided in subsection 5 of this section.
(4) For a voter requesting an absentee ballot in person, such voter shall be entitled to cast a provisional ballot when the voter's eligibility cannot be immediately established upon examination of the precinct registers or the Missouri voter registration system.
(5) Prior to accepting any provisional ballot at the polling place, the election judges shall determine that the information provided on the provisional ballot envelope by the provisional voter is consistent with the identification provided by such person under section 115.427.
3. (1) No person shall be entitled to receive a provisional ballot until such person has completed a provisional ballot affidavit on the provisional ballot envelope.
(2) The secretary of state shall produce appropriate sizes of provisional ballot envelopes and distribute them to each election authority according to their tabulating system. All provisional ballot envelopes shall be printed on a distinguishable color of paper that is different from the color of the regular ballot. The provisional ballot envelope shall be in the form required by subsection 4 of this section. All provisional ballots shall be marked with a conspicuous stamp or other distinguishing mark that makes them readily distinguishable from the regular ballots.
(3) Once voted, the provisional ballot shall be placed and sealed in a provisional ballot envelope.
4. The provisional ballot in its envelope shall be deposited in the ballot box. The provisional ballot envelope shall be completed by the voter for use in determining eligibility. The provisional ballot envelope specified in this section shall contain a voter's certificate which shall be in substantially the following form:
STATE OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
COUNTY OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I do solemnly swear (or affirm) that my name is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; that my date of birth is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; that the last four digits of my Social Security Number are . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; that I am registered to vote in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County or City (if a City not within a County), Missouri; that I am a qualified voter of said County (or City not within a County); that I am eligible to vote at this polling place; and that I have not voted in this election.
I understand that if the above-provided information is not correct and the election authority determines that I am not registered and eligible to vote, my vote will not be counted. I further understand that knowingly providing false information is a violation of law and subjects me to possible criminal prosecution.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of Voter)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Current Address)
Subscribed and affirmed before me this . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . , 20 . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of Election Official)
The voter may provide additional information to further assist the election authority in determining eligibility, including the place and date the voter registered to vote, if known.
5. (1) Prior to counting any provisional ballot, the election authority shall determine if the voter is registered and eligible to vote and if the vote was properly cast. The eligibility of provisional votes shall be determined according to the requirements for a voter to cast a ballot in the election as set forth in sections 115.133 and 115.135. A provisional voter ballot shall not be eligible to be counted until the election authority has determined that:
(a) The voter cast such provisional ballot at a polling place established for the voter or the central polling place established by the election authority under subsection 5 of section 115.115[;
(b)] and the individual who cast the provisional ballot is an individual [registered] eligible to vote in the respective election at the polling place where the ballot was cast;
[(c)] (b) The voter did not otherwise vote in the same election by regular ballot, absentee ballot, or otherwise; and
[(d)] (c) The information on the provisional ballot envelope is found to be correct, complete, and accurate.
(2) When the ballot boxes are delivered to the election authority from the polling places, the receiving teams shall separate the provisional ballots from the rest of the ballots and place the sealed provisional ballot envelopes in a separate container. Teams of election authority employees or teams of election judges with each team consisting of one member of each major political party shall photocopy each provisional ballot envelope, such photocopy to be used by the election authority to determine provisional voter eligibility. The sealed provisional ballot envelopes shall be placed by the team in a sealed container and shall remain therein until tabulation.
(3) To determine whether a provisional ballot is valid and entitled to be counted, the election authority shall examine its records and verify that the provisional voter is properly registered and eligible to vote in the election. If the provisional voter has provided information regarding the registration agency where the provisional voter registered to vote, the election authority shall make an inquiry of the registration agency to determine whether the provisional voter is properly registered and eligible to vote in the election.
(4) If the election authority determines that the provisional voter is registered and eligible to vote in the election, the election authority shall provide documentation verifying the voter's eligibility. Such documentation shall be noted on the copy of the provisional ballot envelope and shall contain substantially the following information:
(a) The name of the provisional voter;
(b) The name of the reviewer;
(c) The date and time; and
(d) A description of evidence found that supports the voter's eligibility.
(5) The local election authority shall record on a provisional ballot acceptance/rejection list the provisional ballot identification number and a notation marking it as accepted.
(6) If the election authority determines that the provisional voter is not registered or eligible to vote in the election, the election authority shall provide documentation verifying the voter's ineligibility. Such documentation shall be noted on the copy of the provisional ballot envelope and shall contain substantially the following information:
(a) The name of the provisional voter;
(b) The name of the reviewer;
(c) The date and time;
(d) A description of why the voter is ineligible.
(7) The local election authority shall record on a provisional ballot acceptance/rejection list the provisional ballot identification number and notation marking it as rejected.
(8) If rejected, a photocopy of the envelope shall be made and used by the election authority as a mail-in voter registration. The actual provisional ballot envelope shall be kept as ballot material, and the copy of the envelope shall be used by the election authority for registration record keeping.
6. All provisional ballots cast by voters whose eligibility has been verified as provided in this section shall be counted in accordance with the rules governing ballot tabulation. Provisional ballots shall not be counted until all provisional ballots are determined either eligible or ineligible and all provisional ballots [must] shall be processed before the election is certified. The provisional ballot shall be counted only if the election authority determines that the voter is registered and eligible to vote and voted in the correct polling place. Provisional ballots voted in the wrong polling place shall not be counted. If the voter is not registered but is qualified to register for future elections, the affidavit shall be considered a mail-in application to register to vote pursuant to this chapter.
7. (1) After the election authority completes its review of the provisional voter's eligibility under subsection 5 of this section, the election authority shall deliver the provisional ballots and copies of the provisional ballot envelopes that include eligibility information to bipartisan counting teams, which may be the board of verification, for review and tabulation. The election authority shall maintain a record of such delivery. The record shall include the number of ballots delivered to each team and shall include a signed receipt from two judges, one from each major political party. The election authority shall provide each team with a ballot box and material necessary for tabulation.
(2) If the person named on the provisional ballot affidavit is found to have been properly qualified and registered to cast a ballot in the election and the provisional ballot otherwise qualifies to be counted under the provisions of this section, the envelope shall be opened, and the ballot shall be placed in a ballot box to be counted.
(3) If the person named on the provisional ballot affidavit is found not to have been properly qualified and registered to cast a ballot in the election or if the election authority is unable to determine such person's right to vote, the envelope containing the provisional ballot shall not be opened, and the person's vote shall not be counted. The members of the team shall follow the procedures set forth in subsection 5 of this section for rejected provisional ballots.
(4) The votes shall be tallied and the returns made as provided in sections 115.447 to 115.525 for paper ballots. After the vote on all ballots assigned to a team have been counted, the ballots, ballot envelopes, and copies of ballot envelopes with the eligibility information provided by the election authority shall be enclosed in sealed containers marked "Voted provisional ballots and ballot envelopes from the election held ......., 20...". All rejected provisional ballots, ballot envelopes, and copies of ballot envelopes with the eligibility information provided by the election authority shall be enclosed in sealed containers marked "Rejected provisional ballots and ballot envelopes from the election held ..........................., 20...". On the outside of each voted ballot and rejected ballot container, each member of the team shall write their name and all such containers shall be returned to the election authority. Upon receipt of the returns and ballots, the election authority shall tabulate the provisional votes.
8. Challengers and watchers, as provided by sections 115.105 and 115.107, may be present during all times that the bipartisan counting teams are reviewing or counting the provisional ballots, the provisional ballot envelopes, or copies of the provisional ballot envelopes that include eligibility information provided by the election authority. Challengers and watchers shall be permitted to observe the determination of the eligibility of all provisional ballots. The election authority shall notify the county chair of each major political party of the time and location when bipartisan counting teams will be reviewing or counting the provisional ballots, the provisional ballot envelopes, or the copies of the provisional ballot envelopes that include the eligibility information provided by the election authority.
9. The certificate of ballot cards shall:
(1) Reflect the number of provisional envelopes delivered; and
(2) Reflect the number of sealed provisional envelopes with voted ballots deposited in the ballot box.
10. In counties where the voting system does not utilize a paper ballot, the election authority shall provide the appropriate provisional ballots to each polling place.
11. The secretary of state may promulgate rules for purposes of ensuring the uniform application of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536, RSMo.
12. The secretary of state shall design and provide to the election authorities the envelopes and forms necessary to carry out the provisions of this section.
13. Pursuant to the Help America Vote Act of 2002, the secretary of state shall ensure a free access system is established, such as a toll-free number or an Internet web site, that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted. At the time an individual casts a provisional ballot, the election authority shall give the voter written information that states that any individual who casts a provisional ballot will be able to ascertain under such free access system whether the vote was counted, and if the vote was not counted, the reason that the vote was not counted.
14. In accordance with the Help America Vote Act of 2002, any individual who votes in an election as a result of a court order or any other order extending the time established for closing the polls in section 115.407 may vote only by using a provisional ballot, and such provisional ballot shall be separated and held apart from other provisional ballots cast by those not affected by the order. Such ballots shall not be counted until such time as the ballots are determined to be valid. No state court shall have jurisdiction to extend the polling hours established by law, including section 115.407.
15. Any voter who is unable to establish that they are residents of this state and are residents of the political subdivision in which they offer to vote under section 115.427 or 115.428 and who refuses to execute an affidavit under section 115.427 or 115.428 may vote a provisional ballot under the procedures of this section.
[115.427. 1. Before receiving a ballot, voters shall establish their identity and eligibility to vote at the polling place by presenting a form of personal identification. "Personal identification" shall mean only one of the following:
(1) Nonexpired Missouri driver's license showing the name and a photograph or digital image of the individual; or
(2) Nonexpired or nonexpiring Missouri nondriver's license showing the name and a photographic or digital image of the individual; or
(3) A document that satisfies all of the following requirements:
(a) The document contains the name of the individual to whom the document was issued, and the name substantially conforms to the most recent signature in the individual's voter registration record;
(b) The document shows a photographic or digital image of the individual;
(c) The document includes an expiration date, and the document is not expired, or if expired, expired not before the date of the most recent general election; and
(d) The document was issued by the United States or the state of Missouri; or
(4) Any identification containing a photographic or digital image of the individual which is issued by the Missouri National Guard, the United States armed forces, or the United States Department of Veteran Affairs to a member or former member of the Missouri National Guard or the United States armed forces and that does not have an expiration date.
2. The election authority shall post a clear and conspicuous notice at each polling place informing each voter who appears at the polling place without a form of personal identification that satisfies the requirements of subsection 1 of this section that the voter may return to the polling place with a proper form of personal identification and vote a regular ballot after election judges have verified the voter's identity and eligibility under subsection 1 of this section. In addition to such posting, the election judges may also inform such voters by written or oral communication of such information posted in the notice. Voters who return to the polling place during the uniform polling hours established by section 115.407 with a current and valid form of personal identification shall be given priority in any voting lines.
3. An individual who appears at a polling place without identification in the form described in subsection 1 of this section and who is otherwise qualified to vote at that polling place may execute an affidavit averring that the voter is the person listed in the precinct register and that the voter does not possess a form of identification specified in this section and is unable to obtain a current and valid form of personal identification because of:
(1) A physical or mental disability or handicap of the voter, if the voter is otherwise competent to vote under Missouri law; or
(2) A sincerely held religious belief against the forms of personal identification described in subsection 1 of this section; or
(3) The voter being born on or before January 1, 1941.
Upon executing such affidavit, the individual may cast a provisional ballot. Such provisional ballot shall be counted, provided the election authority verifies the identity of the individual by comparing that individual's signature to the signature on file with the election authority and determines that the individual was eligible to cast a ballot at the polling place where the ballot was cast.
4. The affidavit to be used for voting under subsection 3 of this section shall be substantially in the following form:
"State of ...................................
County of .................................
I do solemnly swear (or affirm) that my name is .....................................; that I reside at ..........................................; and that I am the person listed in the precinct register under this name and at this address. I further swear (or affirm) that I am unable to obtain a current and valid form of personal identification because of:
☐ A physical or mental disability or handicap; or
☐ A sincerely held religious belief; or
☐ My being born on or before January 1, 1941.
I understand that knowingly providing false information is a violation of law and subjects me to possible criminal prosecution.
...............................................
Signature of voter
Subscribed and affirmed before me this ......... day of ..................., 20....
...............................................
Signature of election official"
5. A voter shall be allowed to cast a provisional ballot under section 115.430 even if the election judges cannot establish the voter's identity under subsection 1 of this section. The election judges shall make a notation on the provisional ballot envelope to indicate that the voter's identity was not verified. The provisional ballot cast by such voter shall not be counted unless:
(1) The voter returns to the polling place during the uniform polling hours established by section 115.407 and provides a form of personal identification that allows the election judges to verify the voter's identity as provided in subsection 1 of this section; and
(2) The provisional ballot otherwise qualifies to be counted under section 115.430.
6. The secretary of state shall provide advance notice of the personal identification requirements of subsection 1 of this section in a manner calculated to inform the public generally of the requirement for photographic personal identification as provided in this section. Such advance notice shall include, at a minimum, the use of advertisements and public service announcements in print, broadcast television, radio, and cable television media, as well as the posting of information on the opening pages of the official state Internet web sites of the secretary of state and governor.
7. The provisions of section 136.055, RSMo, and section 302.181, RSMo, notwithstanding, any applicant who requests a nondriver's license with a photograph or digital image for the purpose of voting shall not be required to pay a fee if the applicant executes an affidavit averring that the applicant does not have any other form of photographic personal identification that meets the requirements of subsection 1 of this section. The state of Missouri shall pay the legally required fees for any such applicant. The director shall design an affidavit to be used for this purpose. However, any disabled or elderly person otherwise competent to vote shall be issued a nondriver's license photo identification through a mobile processing system operated by the Missouri department of revenue upon request if the individual is physically unable to otherwise obtain a nondriver's license photo identification. The department of revenue shall make nondriver's license photo identifications available through its mobile processing system only at facilities licensed under chapter 198, RSMo, and other public places accessible to and frequented by disabled and elderly persons. The department shall provide advance notice of the times and places when the mobile processing system will be available. At least nine mobile units housed under the office of administration shall remain available for dispatch upon the request of the department of revenue to fulfill the requirements of this section. The total cost associated with nondriver's license photo identification under this subsection shall be borne by the state of Missouri from funds appropriated to the department of revenue for that specific purpose. The department of revenue and a local election authority may enter into a contract that allows the local election authority to assist the department in issuing nondriver's license photo identifications.
8. The director of the department of revenue shall, by January first of each year, prepare and deliver to each member of the general assembly a report documenting the number of individuals who have requested and received a nondriver's license photo identification for the purposes of voting under this section. The report shall also include the number of persons requesting a nondriver's license for purposes of voting under this section, but not receiving such license, and the reason for the denial of the nondriver's license.
9. 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.
10. The secretary of state shall promulgate rules to effectuate the provisions of this section.
11. 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.
12. 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.
13. For any election held on or before November 1, 2008, an individual who appears at a polling place without identification in the form described in subsection 1 of this section, and who is otherwise qualified to vote at that polling place, may cast a provisional ballot after:
(1) Executing an affidavit which is also signed by two supervising election judges, one from each major political party, who attest that they have personal knowledge of the identity of the voter, provided that the two supervising election judges who sign an affidavit under this subdivision shall not be involved or participate in the verification of the voter's eligibility by the election authority after the provisional ballot is cast; or
(2) (a) Executing an affidavit affirming his or her identity; and
(b) Presenting a form of identification from the following list:
a. Identification issued by the state of Missouri, an agency of the state, or a local election authority of the state;
b. Identification issued by the United States government or agency thereof;
c. Identification issued by an institution of higher education, including a university, college, vocational and technical school, located within the state of Missouri;
d. 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; or
e. Driver's license or state identification card issued by another state.
Such provisional ballot shall be entitled to be counted, provided the election authority verifies the identity of the individual by comparing that individual's signature to the current signature on file with the election authority and determines that the individual was otherwise eligible to cast a ballot at the polling place where the ballot was cast.
14. The affidavit to be used for voting under subsection 13 of this section shall be substantially in the following form:
"State of ................................................
County of .............................................
I do solemnly swear (or affirm) that my name is ......................................; that I reside at .......................................; and that I am the person listed in the precinct register under this name and at this address.
I understand that knowingly providing false information is a violation of law and subjects me to possible criminal prosecution.
.......................................................
Signature of voter
Subscribed and affirmed before me this ........ day of ....................., 20....
.......................................................
Signature of Election Official".
15. The provisions of subsections 1 to 5 and 8 to 14 of this section shall become effective August 28, 2006, and this subsection shall expire September 1, 2006.]
[115.755. A statewide presidential preference primary shall be held on the first Tuesday after the first Monday in February of each presidential election year.]
[115.758. On or before the tenth Tuesday prior to the date of the presidential preference primary, the secretary of state shall announce the official list of presidential candidates for each established political party as provided in section 115.761.]
[115.761. 1. The official list of presidential candidates for each established political party shall include the names of all constitutionally qualified candidates for whom, on or after 8:00 a.m. on the fifteenth Tuesday prior to the presidential primary, and on or before 5:00 p.m., on the eleventh Tuesday prior to the presidential primary, a written request to be included on the presidential primary ballot is filed with the secretary of state along with:
(1) Receipt of payment to the state committee of the established political party on whose ballot the candidate wishes to appear of a filing fee of one thousand dollars; or
(2) A written statement, sworn to before an officer authorized by law to administer oaths, that the candidate is unable to pay the filing fee and does not have funds in a campaign fund or committee to pay the filing fee and a petition signed by not less than five thousand registered Missouri voters, as determined by the secretary of state, that the candidate's name be placed on the ballot of the specified established political party for the presidential preference primary. The request to be included on the presidential primary ballot shall include each signer's printed name, registered address and signature and shall be in substantially the following form:
I (We) the undersigned, do hereby request that the name of ................................................ be placed upon the February .........., ......., presidential primary ballot as candidate for nomination as the nominee for President of the United States on the .................... party ticket.
2. The state or national party organization of an established political party that adopts rules imposing signature requirements to be met before a candidate can be listed as an official candidate shall notify the secretary of state by October first of the year preceding the presidential primary.
3. Any candidate or such candidate's authorized representative may have such candidate's name stricken from the presidential primary ballot by filing with the secretary of state on or before 5:00 p.m. on the eleventh Tuesday prior to the presidential primary election a written statement, sworn to before an officer authorized by law to administer oaths, requesting that such candidate's name not be printed on the official primary ballot. Thereafter, the secretary of state shall not include the name of that candidate in the official list announced pursuant to section 115.758 or in the certified list of candidates transmitted pursuant to section 115.765.
4. The filing times set out in this section shall only apply to presidential preference primaries, and are in lieu of those established in section 115.349.]
[115.765. On or before the tenth Tuesday prior to a presidential preference primary, the secretary of state shall transmit to each election authority a certified list containing the names of all candidates whose names shall appear on the presidential preference primary ballot of each party. The names of the candidates shall appear in the order in which their request to be included on the presidential primary ballot was received in the office of the secretary of state, except that, in the case of candidates who file a request to be included on the presidential primary ballot with the secretary of state prior to 5:00 p.m. on the first day for filing, the secretary of state shall determine by random drawing the order in which such candidates' names shall appear on the ballot. The drawing shall be conducted so that each candidate, or candidate's representative, may draw a number at random at the time of filing. The secretary of state shall record the number drawn with the candidate's request to be included on the presidential primary ballot. The names of candidates filing on the first day for filing on each party ballot shall be listed in ascending order of the numbers so drawn.]
[115.767. Each election authority shall cause the name of candidates certified by the secretary of state to appear on the presidential preference primary ballot of each party, followed by a listing for an uncommitted vote.]
[115.770. The conduct of the presidential preference primary election and the count and canvass of the votes cast therein shall conform as nearly as is practicable to that prescribed for the conduct of the primary election for state officers. All primary election laws not inconsistent with the provisions of sections 115.750 to 115.785 shall be applicable to the conduct of this election, and the form of the ballot insofar as is practicable shall be substantially as that prescribed by section 115.395. In a presidential preference primary, each voter shall be entitled to receive the ballot of one and only one established political party, designated by the voter before receiving such voter's ballot. Each voter who participates in a presidential preference primary shall be entitled to vote on all questions and for any candidates submitted by political subdivisions and special districts at the general municipal election. Each voter who does not wish to participate in a presidential preference primary may vote on all questions and for any candidates submitted by a political subdivision or special district at the general municipal election.]
[115.773. After the count and canvass of the votes cast, the secretary of state shall notify the state chair of each of the established political parties for whom a candidate was listed, of the number of votes recorded in that established political party's primary that each candidate and uncommitted listing received.]
[115.776. The state party organization which is the state organization recognized by the national organization of that established political party shall, after the primary and before the national convention, conduct a series of caucuses culminating in congressional and state conventions. Delegates to the national conventions shall be chosen at the congressional district and state conventions pursuant to rules established by the political parties.]
[115.785. All costs of a presidential preference primary shall be paid by the state, except that, pursuant to section 115.065, costs shall be shared proportionately by the state and any political subdivisions and special districts holding an election on the same day as any such primary. For any county with more than five hundred polling places, the state shall assist in assuring adequate poll workers and equipment.]
Section B. Because immediate action is necessary to provide personal identification for voters and thereby prevent voter fraud, the repeal and reenactment of section 115.427 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the repeal and reenactment of section 115.427 of section A of this act shall be in full force and effect upon its passage and approval.
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